[House Report 107-63]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-63
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
NO CHILD LEFT BEHIND ACT OF 2001
_______
May 14, 2001.--Ordered to be printed
_______
Mr. Boehner, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
ADDITIONAL AND DISSENTING VIEWS
[To accompany H.R. 1]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 1) a bill to close the achievement gap
with accountability, flexibility, and choice, so that no child
is left behind, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Act of 2001''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided in this Act, whenever in
this Act an amendment or repeal is expressed as the amendment or repeal
of a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. TRANSITION.
Except as otherwise specifically provided in this Act, or any
amendment made by this Act, any person or agency that was awarded a
grant under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) prior to the date of the enactment of this Act
shall continue to receive funds in accordance with the terms of such
award, except that such funds may not be provided after the date that
is one year after the effective date of this Act.
SEC. 4. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Transition.
Sec. 4. Table of contents.
Sec. 5. Effective date.
TITLE I--IMPROVING THE ACADEMIC PERFORMANCE OF THE DISADVANTAGED
Part A--Basic Program
Sec. 101. Disadvantaged children meet high academic standards.
Sec. 102. Authorization of appropriations.
Sec. 103. Reservation for school improvement.
Sec. 104. Basic programs.
Sec. 105. School choice.
Sec. 106. Academic assessment and local educational agency and school
improvement.
Sec. 107. State assistance for school support and improvement.
Sec. 108. Academic achievement awards program.
Part B--Student Reading Skills Improvement Grants
Sec. 111. Reading first; early reading first.
Sec. 112. Amendments to Even Start.
Sec. 113. Inexpensive book distribution program.
Part C--Education of Migratory Children
Sec. 121. State allocations.
Sec. 122. State applications; services.
Sec. 123. Authorized activities.
Sec. 124. Coordination of migrant education activities.
Part D--Neglected or Delinquent Youth
Sec. 131. Neglected or delinquent youth.
Sec. 132. Findings.
Sec. 133. Allocation of funds.
Sec. 134. State plan and State agency applications.
Sec. 135. Use of funds.
Sec. 136. Transition services.
Sec. 137. Purpose.
Sec. 138. Programs operated by local educational agencies.
Sec. 139. Local educational agency applications.
Sec. 140. Uses of funds.
Sec. 141. Program requirements.
Sec. 142. Program evaluations.
Part E--Federal Evaluations and Demonstrations
Sec. 151. Evaluations.
Sec. 152. Demonstrations of innovative practices.
Sec. 153. Ellender-close up fellowship program; dropout reporting.
Part F--Comprehensive School Reform
Sec. 161. School reform.
Part G--Rural Education Flexibility and Assistance
Sec. 171. Rural education.
Part H--General Provisions of Title I
Sec. 181. General provisions.
TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
Sec. 201. Teacher quality training and recruiting fund.
Sec. 202. National writing project.
Sec. 203. Civic education; teacher liability protection.
TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION
Part A--Education of Limited English Proficient and Immigrant Children
Sec. 301. Programs authorized.
Sec. 302. Conforming amendment to Department of Education Organization
Act.
Part B--Indian and Alaska Native Education
Sec. 311. Elementary and Secondary Education Act of 1965.
Sec. 312. Alaska Native education.
Sec. 313. Amendments to the education amendments of 1978.
Sec. 314. Tribally Controlled Schools Act of 1988.
TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
Part A--Innovative Programs
Sec. 401. Promoting informed parental choice and innovative programs.
Sec. 402. Continuation of awards.
Part B--Public Charter Schools
Sec. 411. Public charter schools.
Sec. 412. Continuation of awards.
Part C--Magnet Schools Assistance; Women's Educational Equity
Sec. 421. Magnet schools assistance.
Sec. 422. Women's educational equity.
Sec. 423. Continuation of awards.
TITLE V--21st CENTURY SCHOOLS
Sec. 501. Safe schools.
TITLE VI--IMPACT AID PROGRAM
Sec. 601. Payments under section 8002 with respect to fiscal years in
which insufficient funds are appropriated.
Sec. 602. Calculation of payment under section 8003 for small local
educational agencies.
Sec. 603. Construction.
Sec. 604. State consideration of payments in providing State aid.
Sec. 605. Authorization of appropriations.
Sec. 606. Redesignation of program.
TITLE VII--ACCOUNTABILITY
Sec. 701. Flexibility and accountability.
TITLE VIII--GENERAL PROVISIONS
Sec. 801. General provisions.
Sec. 802. Comprehensive regional assistance centers.
Sec. 803. National diffusion network.
Sec. 804. Eisenhower regional mathematics and science education
consortia.
Sec. 805. Technology-based technical assistance.
Sec. 806. Regional technical support and professional development.
TITLE IX--MISCELLANEOUS PROVISIONS
Part A--Amendments to Other Acts
SUBPART 1--NATIONAL EDUCATION STATISTICS ACT
Sec. 901. Amendment to NESA.
SUBPART 2--HOMELESS EDUCATION
Sec. 911. Short title.
Sec. 912. Findings.
Sec. 913. Purpose.
Sec. 914. Education for homeless children and youth.
Sec. 915. Technical amendment.
Part B--Repeals
Sec. 921. Repeals.
SEC. 5. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, this Act, and
the amendments made by this Act, shall take effect on October 1, 2001,
or on the date of the enactment of this Act, whichever occurs later.
TITLE I--IMPROVING THE ACADEMIC PERFORMANCE OF THE DISADVANTAGED
PART A--BASIC PROGRAM
SEC. 101. DISADVANTAGED CHILDREN MEET HIGH ACADEMIC STANDARDS.
Section 1001 is amended to read as follows:
``SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND RECOGNITION OF NEED.
``(a) Findings.--Congress finds the following:
``(1) The Constitution of the United States reserves to the
States and to the people the responsibility for the general
supervision of public education in kindergarten through the
twelfth grade.
``(2) States, local educational agencies and schools should
be given maximum flexibility in exchange for greater academic
accountability, and be given greater freedom to build upon
existing innovative approaches for education reform.
``(3) The best education decisions are made by those who know
the students and who are responsible for implementing the
decisions.
``(4) Educators and parents should retain the right and
responsibility to educate their pupils and children free of
excessive regulation by the Federal Government.
``(5) The Supreme Court has regarded the right of parents to
direct the upbringing of their children as a fundamental right
implicit in the concept of ordered liberty within the 14th
Amendment to the Constitution, as specified in Meyer v.
Nebraska, 262 U.S. 390 (1923), and Pierce v. Society of
Sisters, 268 U.S. 510 (1925).
``(6) Schools that enroll high concentrations of children
living in poverty face the greatest challenges, but effective
educational strategies based on scientifically based research
can succeed in educating children to high academic standards.
``(7) High-poverty schools are much more likely to be
identified as failing to meet State academic standards for
satisfactory progress. As a result, these schools are generally
the most in need of additional resources and technical
assistance to build the capacity of these schools to address
the many needs of their students.
``(8) The educational progress of children participating in
programs under this title is closely associated with their
being taught by a highly qualified staff, particularly in
schools with the highest concentrations of poverty, where
paraprofessionals, uncertified teachers, and teachers teaching
out of field frequently provide instructional services.
``(9) Congress and the public would benefit from additional
data evaluating the efficacy of the Elementary and Secondary
Education Act of 1965.
``(10) Schools operating programs assisted under this part
must be held accountable for the educational achievement of
their students, when those students fail to demonstrate
progress in achieving high academic standards, local
educational agencies and States must take significant actions
to improve the educational opportunities available to them.
``(b) Purpose and Intent.--The purpose and intent of this title are
to ensure that all children have a fair and equal opportunity to obtain
a high-quality education.
``(c) Recognition of Need.--The Congress recognizes the following:
``(1) Educational needs are particularly great for low-
achieving children in our Nation's highest-poverty schools,
children with limited English proficiency, children of migrant
workers, children with disabilities, Indian children, children
who are neglected or delinquent, and young children who are in
need of reading assistance and family literacy assistance.
``(2) Despite more than 3 decades of Federal assistance, a
sizable achievement gap remains between minority and
nonminority students, and between disadvantaged students and
their more advantaged peers.
``(3) Too many students attend local schools that fail to
provide them with a quality education, and are given no
alternatives to enable them to receive a quality education.
``(4) States, local educational agencies, and schools need to
be held accountable for improving the academic achievement of
all students, and for identifying and turning around low-
performing schools.
``(5) States and local educational agencies need to ensure
that high quality academic assessments, accountability systems,
teacher preparation and training, curriculum, and instructional
materials are aligned with challenging State academic standards
so that students, teachers, parents, and administrators can
measure progress against common expectations for student
academic achievement.
``(6) Federal education assistance is intended not only to
increase pupil achievement overall, but also more specifically
and importantly, to help ensure that all students, especially
the disadvantaged, meet challenging academic achievement
standards. It can only be determined if schools, local
educational agencies, and States are reaching this goal if
student achievement results are reported specifically by
disadvantaged and minority status.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--For the purpose of carrying
out part A, other than section 1120(e), there are authorized to be
appropriated $11,500,000,000 for fiscal year 2002, $13,000,000,000 for
fiscal year 2003, $14,500,000,000 for fiscal year 2004, $16,000,000,000
for fiscal year 2005, and $17,200,000,000 for fiscal year 2006.
``(b) Student Reading Skills Improvement Grants.--
``(1) Reading first.--For the purpose of carrying out subpart
1 of part B, there are authorized to be appropriated
$900,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(2) Early reading first.--For the purpose of carrying out
subpart 2 of part B, there are authorized to be appropriated
$75,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(3) Even start.--For the purpose of carrying out subpart 3
of part B, there are authorized to be appropriated $275,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
``(4) Inexpensive book distribution program.--For the purpose
of carrying out subpart 4 of part B, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2002
and each of the 4 succeeding fiscal years.
``(c) Education of Migratory Children.--For the purpose of carrying
out part C, there are authorized to be appropriated $420,000,000 for
fiscal year 2002 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out.--For the purpose of
carrying out part D, there are authorized to be appropriated
$50,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``(e) Comprehensive School Reform.--For the purpose of carrying out
part F, there are authorized to be appropriated $260,000,000 for fiscal
year 2002 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(f) Rural Education.--For the purpose of carrying out part G, there
are authorized to be appropriated $300,000,000 for fiscal year 2002 and
such sums as may be necessary for each of 4 succeeding fiscal years to
be distributed equally between subparts 1 and 2.
``(g) Capital Expenses.--For the purpose of carrying out section
1120(e), there are authorized to be appropriated $6,000,000 for fiscal
year 2002, and such sums as may be necessary for fiscal year 2003.
``(h) Federal Activities.--
``(1) Sections 1501 and 1502.--(A) For the purpose of
carrying out section 1501, there are authorized to be
appropriated $9,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(B) For the purpose of carrying out section 1502, there are
authorized to be appropriated such sums as may be necessary for
fiscal year 2002 and for each of the 4 succeeding fiscal years.
``(2) Section 1503.--For the purpose of carrying out section
1503, there are authorized to be appropriated such sums as may
be necessary for fiscal year 2002 and for each of the 4
succeeding fiscal years.
``(i) State Administration.--
``(1) State reservation.--Each State may reserve, from the
sum of the amounts it receives under parts A, C, and D of this
title, an amount equal to the greater of 1 percent of the
amount it received under such parts for fiscal year 2001, or
$400,000 ($50,000 for each outlying area), including any funds
it receives under paragraph (2), to carry out administrative
duties assigned under parts A, C, and D.
``(2) Authorization of appropriations.--There are authorized
to be appropriated $10,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding fiscal
years for additional State administration grants. Any such
additional grants shall be allocated among the States in
proportion to the sum of the amounts received by each State for
that fiscal year under parts A, C, and D of this title.
``(3) Special rule.--The amount received by each State under
paragraphs (1) and (2) may not exceed the amount of State funds
expended by the State educational agency to administer
elementary and secondary education programs in such State.
``(j) Assistance for Local School Improvement.--
``(1) Program authorized.--The Secretary shall award grants
to States to provide subgrants to local educational agencies
for the purpose of providing assistance for school improvement
consistent with section 1116. Such grants shall be allocated
among States, the Bureau of Indian Affairs, and the outlying
areas, in proportion to the grants received by the State, the
Bureau of Indian Affairs, and the outlying areas for the fiscal
year under parts A, C, and D of this title. The Secretary shall
expeditiously allocate a portion of such funds to States for
the purpose of assisting local educational agencies and schools
that were in school improvement status on the date preceding
the date of the enactment of the No Child Left Behind Act of
2001.
``(2) Reallocations.--If a State does not apply for funds
under this subsection, the Secretary shall reallocate such
funds to other States in the same proportion funds are
allocated under paragraph (1).
``(3) State applications.--Each State educational agency that
desires to receive funds under this subsection shall submit an
application to the Secretary at such time, and containing such
information as the Secretary shall reasonably require, except
that such requirement shall be waived if a State educational
agency has submitted such information as part of its State plan
under this part. Each State plan shall describe how such funds
will be allocated to ensure that the State educational agency
and local educational agencies comply with school improvement,
corrective action, and restructuring requirements of section
1116.
``(4) Local educational agency grants.--A grant to a local
educational agency under this subsection shall be--
``(A) of sufficient size and scope to support the
activities required under sections 1116 and 1117, but
not less than $50,000 and not more than $500,000 to
each participating school;
``(B) integrated with funds awarded by the State
under this Act; and
``(C) renewable for 2 additional 1-year periods if
schools are making yearly progress consistent with
State and local educational agency plans developed
under section 1116.
``(5) Priority.--The State, in awarding such grants, shall
give priority to local educational agencies with the lowest
achieving schools, that demonstrate the greatest need for such
funds, and that demonstrate the strongest commitment to making
sure such funds are used to provide adequate resources to
enable the lowest achieving schools to meet the yearly progress
goals under State and local school improvement, corrective
action, and restructuring plans under section 1116.
``(6) Administrative costs.--A State educational agency that
receives a grant award under this subsection may reserve not
more than 5 percent of such award for administration,
evaluation, and technical assistance expenses.
``(7) Local awards.--Each local educational agency that
applies for assistance under this subsection shall describe how
it will provide the lowest achieving schools the resources
necessary to meet yearly progress goals under State and local
school improvement, corrective action, and restructuring plans
under section 1116.
``(8) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $500,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal years.''.
SEC. 103. RESERVATION FOR SCHOOL IMPROVEMENT.
Section 1003 is amended to read as follows:
``SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
``(a) State Reservations.--Each State shall reserve 1 percent of the
amount it receives under subpart 2 of part A for fiscal years 2002 and
2003, and 3 percent of the amount received under such subpart for
fiscal years 2004 through 2006, to carry out subsection (b) and to
carry out the State's responsibilities under sections 1116 and 1117,
including carrying out the State educational agency's statewide system
of technical assistance and support for local educational agencies.
``(b) Uses.--Of the amount reserved under subsection (a) for any
fiscal year, the State educational agency shall allocate at least 95
percent of that amount directly to local educational agencies for
schools identified for school improvement, corrective action, and
restructuring under section 1116(c) that have the greatest need for
that assistance in amounts sufficient to have a significant impact in
improving those schools.
``(c) Priority.--The State educational agency, in allocating funds to
local educational agencies under this section, shall give priority to
local educational agencies that--
``(1) have the lowest achieving schools;
``(2) demonstrate the greatest need for such funds; and
``(3) demonstrate the strongest commitment to ensuring that
such funds are used to enable the lowest achieving schools to
meet the yearly progress goals under section 1116(b)(3)(A)(v).
``(d) Unused Funds.--If, after consultation with local educational
agencies in the State, the State educational agency determines that the
amount of funds reserved to carry out subsection (b) is greater than
the amount needed to provide the assistance described in that
subsection, it may allocate the excess amount to local educational
agencies in accordance with either or both--
``(1) the relative allocations it made to those agencies for
that fiscal year under subpart 2 of part A; or
``(2) section 1126(c).
``(e) Special Rule.--Notwithstanding any other provision of this
section, the amount of funds reserved by the State under subsection (a)
in any given fiscal year shall not decrease the amount of State funds
each local educational agency receives below the amount received by
such agency under subpart 2 in the preceding fiscal year.''.
SEC. 104. BASIC PROGRAMS.
The heading for part A of title I and sections 1111 through 1115 are
amended to read as follows:
``PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--Any State desiring to receive a grant
under this part shall submit to the Secretary, by March 1,
2002, a plan, developed in consultation with local educational
agencies, teachers, principals, pupil services personnel,
administrators (including administrators of programs described
in other parts of this title), other staff, and parents, that
satisfies the requirements of this section and that is
coordinated with other programs under this Act, the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2301 et seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), and the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431 et seq.).
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(b) Academic Standards, Academic Assessments, and Accountability.--
``(1) Challenging academic standards.--
``(A) Each State plan shall demonstrate that the
State has adopted challenging academic content
standards and challenging student academic achievement
standards that will be used by the State, its local
educational agencies, and its schools to carry out this
part, except that a State shall not be required to
submit such standards to the Secretary.
``(B) The academic standards required by subparagraph
(A) shall be the same academic standards that the State
applies to all schools and children in the State.
``(C) The State shall have such academic standards
for all public elementary and secondary school
children, including children served under this part, in
subjects determined by the State, but including at
least mathematics, reading or language arts, and
science (beginning in the 2005-2006 school year), which
shall include the same knowledge, skills, and levels of
achievement expected of all children.
``(D) Academic standards under this paragraph shall
include--
``(i) challenging academic content standards
in academic subjects that--
``(I) specify what children are
expected to know and be able to do;
``(II) contain coherent and rigorous
content; and
``(III) encourage the teaching of
advanced skills; and
``(ii) challenging student academic
achievement standards that--
``(I) are aligned with the State's
academic content standards;
``(II) describe 2 levels of high
performance (proficient and advanced)
that determine how well children are
mastering the material in the State
academic content standards; and
``(III) describe a third level of
performance (basic) to provide complete
information about the progress of the
lower performing children toward
achieving to the proficient and
advanced levels of performance.
``(E) For the subjects in which students will be
served under this part, but for which a State is not
required by subparagraphs (A), (B), and (C) to develop,
and has not otherwise developed such academic
standards, the State plan shall describe a strategy for
ensuring that students are taught the same knowledge
and skills in such subjects and held to the same
expectations as are all children.
``(F) Nothing in this part shall prohibit a State
from revising any standard adopted under this part
before or after the date of enactment of the No Child
Left Behind Act of 2001.
``(2) Accountability.--
``(A) In general.--Each State plan shall demonstrate
that the State has developed and is implementing a
statewide State accountability system that has been or
will be effective in ensuring that all local
educational agencies, public elementary schools, and
public secondary schools make adequate yearly progress
as defined under subparagraph (B). Each State
accountability system shall--
``(i) be based on the academic standards and
academic assessments adopted under paragraphs
(1) and (4) and take into account the
performance of all public school students;
``(ii) be the same as the accountability
system the State uses for all public schools or
all local educational agencies in the State,
except that public schools and local
educational agencies not participating under
this part are not subject to the requirements
of section 1116; and
``(iii) include rewards and sanctions the
State will use to hold local educational
agencies and public schools accountable for
student achievement and for ensuring that they
make adequate yearly progress in accordance
with the State's definition under subparagraph
(B).
``(B) Adequate yearly progress.--Each State plan
shall demonstrate, based on academic assessments
described under paragraph (4), what constitutes
adequate yearly progress of the State, and of public
schools and local educational agencies in the State,
toward enabling all public school students to meet the
State's student academic achievement standards, while
working toward the goal of narrowing the achievement
gaps in the State, local educational agency, and
school.
``(C) Definition.--`Adequate yearly progress' shall
be defined by the State in a manner that--
``(i) applies the same high academic
standards of academic performance to all public
school students in the State;
``(ii) measures the progress of public
schools and local educational agencies based
primarily on the academic assessments described
in paragraph (4);
``(iii) measures the student dropout rate, as
defined for the Common Core of Data maintained
by the National Center for Education Statistics
established under section 403 of the National
Education Statistics Act of 1994 (20 U.S.C.
9002);
``(iv) includes separate annual numerical
objectives for continuing and significant
improvement in each of the following (except
that disaggregation of data under subclauses
(II) and (III) shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
individually identifiable information about an
individual student):
``(I) The achievement of all public
school students.
``(II) The achievement of--
``(aa) economically
disadvantaged students;
``(bb) students from major
racial and ethnic groups;
``(cc) students with
disabilities; and
``(dd) students with limited
English proficiency;
``(III) solely for the purpose of
determining adequate yearly progress of
the State, the acquisition of English
language proficiency by children with
limited English proficiency;
``(v) at the State's discretion, may also
include other academic measures such as
promotion, completion of college preparatory
courses, and high school completion (and for
individual local educational agencies and
schools, the acquisition of English language
proficiency by children with limited English
proficiency), except that inclusion of such
other measures may not change which schools or
local educational agencies would otherwise be
subject to improvement or corrective action
under section 1116 if the discretionary
indicators were not included; and
``(vi) includes a timeline that--
``(I) uses as a baseline year the
year following the date of enactment of
the No Child Left Behind Act of 2001;
``(II) establishes a target year by
which all members of each group of
students described in subclauses (I)
and (II) of clause (iii) shall meet or
exceed the State's proficient level of
academic performance on the State
academic assessment used for the
purposes of this section and section
1116, except that the target year shall
not be more than 12 years from the
baseline year; and
``(III) for each year until and
including the target year, establishes
annual goals for the academic
performance of each group of students
described in subclauses (I) and (II) of
clause (iii) on the State academic
assessment that--
``(aa) indicates a minimum
percentage of students who must
meet the proficient level on
the academic assessment, such
that the minimum percentage is
the same for each group of
students described in
subclauses (I) and (II) of
clause (iii); or
``(bb) indicates an annual
minimum amount by which the
percentage of students who meet
the proficient level among each
group of students described in
subclauses (I) and (II) of
clause (iii) shall increase,
such that the minimum increase
for each group is equal to or
greater than 100 percent minus
the percentage of the group
meeting the proficient level in
the baseline year divided by
the number of years from the
baseline year to the target
year established under clause
(I).
``(D) Annual improvement for schools.--For a school
to make adequate yearly progress under subparagraph
(A), not less than 95 percent of each group of students
described in subparagraph (C)(iii)(II) who are enrolled
in the school are required to take the academic
assessments, consistent with section 612(a)(17)(A) of
the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(17)(A)) and paragraph (4)(G)(ii), on
which adequate yearly progress is based.
``(E) Public notice and comment.--Each State shall
ensure that in developing its plan, it diligently seeks
public comment from a range of institutions and
individuals in the State with an interest in improved
student achievement and that the State makes and will
continue to make a substantial effort to ensure that
information under this part is widely known and
understood by the public, parents, teachers, and school
administrators throughout the State. Such efforts shall
include, at a minimum, publication of such information
and explanatory text, broadly to the public through
such means as the Internet, the media, and public
agencies.
``(3) State authority.--If a State educational agency
provides evidence, which is satisfactory to the Secretary, that
neither the State educational agency nor any other State
government official, agency, or entity has sufficient
authority, under State law, to adopt curriculum content and
student academic achievement standards, and academic
assessments aligned with such academic standards, which will be
applicable to all students enrolled in the State's public
schools, then the State educational agency may meet the
requirements of this subsection by--
``(A) adopting academic standards and academic
assessments that meet the requirements of this
subsection, on a statewide basis, limiting their
applicability to students served under this part; or
``(B) adopting and implementing policies that ensure
that each local educational agency in the State which
receives grants under this part will adopt curriculum
content and student academic achievement standards, and
academic assessments aligned with such standards, which
meet all of the criteria in this subsection and any
regulations regarding such standards and assessments
which the Secretary may publish, and which are
applicable to all students served by each such local
educational agency.
``(4) Academic assessments.--Each State plan shall
demonstrate that the State has implemented a set of high-
quality, yearly student academic assessments that include, at a
minimum, academic assessments in mathematics, and reading or
language arts, that will be used as the primary means of
determining the yearly performance of the State and of each
local educational agency and school in enabling all children to
meet the State's challenging student academic achievement
standards. Such assessments shall--
``(A) be the same academic assessments used to
measure the performance of all children;
``(B) be aligned with the State's challenging content
and student academic achievement standards and provide
coherent information about student attainment of such
standards;
``(C) be used for purposes for which such assessments
are valid and reliable, and be consistent with
relevant, recognized professional and technical
standards for such assessments;
``(D) for the purposes of this part, be scored to
ensure the performance of each student is evaluated
solely against the State's challenging academic content
standards and not relative to the score of other
students;
``(E) except as otherwise provided for grades 3
through 8 under subparagraph (G), measure the
proficiency of students in, at a minimum, mathematics
and reading or language arts, and be administered not
less than once during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;
``(F) involve multiple up-to-date measures of student
achievement, including measures that assess critical
thinking skills and understanding;
``(G) beginning not later than school year 2004-2005,
measure the performance of students against the
challenging State content and student academic
achievement standards in each of grades 3 through 8 in,
at a minimum, mathematics, and reading or language
arts, except that the Secretary may provide the State 1
additional year if the State demonstrates that
exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen
decline in the financial resources of the State,
prevented full implementation of the academic
assessments by that deadline and that it will complete
implementation within the additional 1-year period;
``(H) provide for--
``(i) the participation in such assessments
of all students;
``(ii) the reasonable adaptations and
accommodations for students with disabilities
defined under 602(3) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(3))
necessary to measure the achievement of such
students relative to State content and State
student academic achievement standards;
``(iii) the inclusion of limited English
proficient students who shall be assessed, to
the extent practicable, in the language and
form most likely to yield accurate and reliable
information on what such students know and can
do in content areas;
``(iv) notwithstanding clause (iii), the
academic assessment (using tests written in
English) of reading or language arts of any
student who has attended school in the United
States (not including Puerto Rico) for 3 or
more consecutive school years, except if the
local educational agency determines, on a case-
by-case individual basis, that academic
assessments in another language and form would
likely yield more accurate and reliable
information on what such students know and can
do, the local educational agency may assess
such students in the appropriate language other
than English for 1 additional year;
``(I) include students who have attended schools in a
local educational agency for a full academic year but
have not attended a single school for a full academic
year, except that the performance of students who have
attended more than 1 school in the local educational
agency in any academic year shall be used only in
determining the progress of the local educational
agency;
``(J) produce individual student reports to be
provided to parents, which include academic assessment
scores, or other information on the attainment of
student academic achievement standards; and
``(K) enable results to be disaggregated within each
State, local educational agency, and school by gender,
by each major racial and ethnic group, by English
proficiency status, by migrant status, by students with
disabilities as compared to nondisabled students, and
by economically disadvantaged students as compared to
students who are not economically disadvantaged.
``(5) Special rule.--Academic assessment measures in addition
to those in paragraph (4) that do not meet the requirements of
such paragraph may be included as additional measures, but may
not be used in lieu of the academic assessments required in
paragraph (4). Results on any additional measures under this
paragraph shall not change which schools or local educational
agencies would otherwise be subject to improvement or
corrective action under section 1116 if the additional measures
were not included.
``(6) Language assessments.--Each State plan shall identify
the languages other than English that are present in the
participating student population and indicate the languages for
which yearly student academic assessments are not available and
are needed. The State shall make every effort to develop such
assessments and may request assistance from the Secretary if
linguistically accessible academic assessment measures are
needed. Upon request, the Secretary shall assist with the
identification of appropriate academic assessment measures in
the needed languages, but shall not mandate a specific academic
assessment or mode of instruction.
``(7) Academic assessments of english language proficiency.--
Each State plan shall demonstrate that local educational
agencies in the State will, beginning no later than school year
2002-2003, annually assess the English proficiency of all
students with limited English proficiency in their schools.
``(8) Requirement.--Each State plan shall describe--
``(A) how the State educational agency will assist
each local educational agency and school affected by
the State plan to develop the capacity to comply with
each of the requirements of sections 1112(c)(1)(D),
1114(c), and 1115(c) that is applicable to such agency
or school;
``(B) how the State educational agency will assist
each local educational agency and school affected by
the State plan to provide additional educational
assistance to individual students assessed as needing
help to achieve the State's challenging academic
standards.
``(C) such other factors as the State considers
appropriate to provide students an opportunity to
achieve the knowledge and skills described in the
challenging academic content standards adopted by the
State.
``(9) Use of academic assessment results to improve student
achievement.--Each State plan shall describe how the State will
ensure that the results of the State assessments described in
paragraph (4)--
``(A) will be provided promptly, but not later than
the end of the school year (consistent with 1116, to
local educational agencies, schools, and teachers in a
manner that is clear and easy to understand; and
``(B) be used by those local educational agencies,
schools, and teachers to improve the educational
achievement of individual students.
``(10) Technical assistance on academic assessment
requirements.--The Secretary shall provide technical assistance
to interested States regarding how to meet the requirements of
paragraph (4).
``(c) Other Provisions To Support Teaching and Learning.--Each State
plan shall contain assurances that--
``(1) the State shall produce, beginning with the 2003-2004
school year, the annual State report cards described in
subsection (h)(1);
``(2) the State will participate, beginning in school year
2002-2003, in annual academic assessments of 4th and 8th grade
reading and mathematics under--
``(A) the State National Assessment of Educational
Progress carried out under section 411(b)(2) of the
National Education Statistics Act of 1994 (20 U.S.C.
9010(b)(2)); or
``(B) another academic assessment selected by the
State which meets the criteria of section
7101(b)(1)(B)(ii) of this Act;
``(3) the State educational agency shall work with other
agencies, including educational service agencies or other local
consortia, and institutions to provide technical assistance to
local educational agencies and schools to carry out the State
educational agency's responsibilities under this part,
including technical assistance in providing professional
development under section 1119A and technical assistance under
section 1117; and
``(4)(A) where educational service agencies exist, the State
educational agency shall consider providing professional
development and technical assistance through such agencies; and
``(B) where educational service agencies do not exist, the
State educational agency shall consider providing professional
development and technical assistance through other cooperative
agreements such as through a consortium of local educational
agencies;
``(5) the State educational agency shall notify local
educational agencies and the public of the content and student
academic achievement standards and academic assessments
developed under this section, and of the authority to operate
schoolwide programs, and will fulfill the State educational
agency's responsibilities regarding local educational agency
improvement and school improvement under section 1116,
including such corrective actions as are necessary;
``(6) the State educational agency shall provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
``(7) the State educational agency shall inform the Secretary
and the public of how Federal laws, if at all, hinder the
ability of States to hold local educational agencies and
schools accountable for student academic performance;
``(8) the State educational agency will encourage schools to
consolidate funds from other Federal, State, and local sources
for schoolwide reform in schoolwide programs under section
1114;
``(9) the State educational agency shall modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114;
``(10) the State educational agency has involved the
committee of practitioners established under section 1603(b) in
developing the plan and monitoring its implementation;
``(11) the State educational agency shall inform local
educational agencies of the local educational agency's
authority to transfer funds under title VII, to obtain waivers
under title VIII and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 5891a et seq.); and
``(12) the State educational agency shall encourage local
educational agencies and individual schools participating in a
program assisted under this part to offer family literacy
services (using funds under this part), if the agency or school
determines that a substantial number of students served under
this part by the agency or school have parents who do not have
a high school diploma or its recognized equivalent or who have
low levels of literacy.
``(d) Peer Review and Secretarial Approval.--The Secretary shall--
``(1) establish a peer review process to assist in the review
of State plans;
``(2) approve a State plan within 120 days of its submission
unless the Secretary determines that the plan does not meet the
requirements of this section;
``(3) if the Secretary determines that the State plan does
not meet the requirements of subsection (a), (b), or (c),
immediately notify the State of such determination and the
reasons for such determination;
``(4) not decline to approve a State's plan before--
``(A) offering the State an opportunity to revise its
plan;
``(B) providing technical assistance in order to
assist the State to meet the requirements under
subsections (a), (b), and (c); and
``(C) providing a hearing; and
``(5) have the authority to disapprove a State plan for not
meeting the requirements of this part, but shall not have the
authority to require a State, as a condition of approval of the
State plan, to include in, or delete from, such plan 1 or more
specific elements of the State's academic content standards or
to use specific academic assessment instruments or items.
``(e) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) be submitted for the first year for which this
part is in effect after the date of the enactment of
the No Child Left Behind Act of 2001;
``(B) remain in effect for the duration of the
State's participation under this part; and
``(C) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this part.
``(2) Additional information.--If the State makes significant
changes in its plan, such as the adoption of new or revised
State academic content standards and State student achievement
standards, new academic assessments, or a new definition of
adequate yearly progress, the State shall submit such
information to the Secretary.
``(f) Limitation on Conditions.--Officers and employees of the
Federal Government are prohibited from mandating, directing, or
controlling a State, local educational agency, or school's specific
instructional content or student academic achievement standards and
academic assessments, curriculum, or program of instruction, as a
condition of eligibility to receive funds under this part.
``(g) Penalties.--
``(1) Failure to meet deadlines enacted in 1994.--
``(A) In general.--If a State fails to meet the
deadlines established by the Improving America's
Schools Act of 1994 (or under any waiver granted by the
Secretary or under any compliance agreement with the
Secretary) for demonstrating that it has in place
challenging academic content standards and student
achievement standards, and a system for measuring and
monitoring adequate yearly progress, the Secretary
shall withhold 25 percent of the funds that would
otherwise be available for State administration and
activities in each year until the Secretary determines
that the State meets those requirements;
``(B) No extension.--The Secretary shall not grant
any additional waivers of, or enter into any additional
compliance agreements to extend, the deadlines
described in subparagraph (A) for any State.
``(2) Failure to meet requirements enacted in 2001.--If a
State fails to meet any of the requirements of this section,
other than the requirements described in paragraph (1), the
Secretary may withhold funds for State administration until the
Secretary determines that the State has fulfilled those
requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--Not later than the beginning of
the 2003-2004 school year, a State that receives
assistance under this Act shall prepare and disseminate
an annual State report card.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in a format and manner that
parents can understand, and which, to the
extent practicable, shall be in a language the
parents can understand.
``(C) Public dissemination.--The State shall widely
disseminate the information described in subparagraph
(D) to all schools and local educational agencies in
the State and make the information broadly available
through public means, such as posting on the Internet,
distribution to the media, and distribution through
public agencies.
``(D) Required information.--The State shall include
in its annual State report card--
``(i) information, in the aggregate, on
student achievement at each proficiency level
on the State academic assessments described in
subsection (b)(4)(F) (disaggregated by race,
ethnicity, gender, disability status, migrant
status, English proficiency, and status as
economically disadvantaged, except that such
disaggregation shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
individually identifiable information about an
individual student);
``(ii) the percentage of students not tested
(disaggregated by the same categories and
subject to the same exception described in
clause (i));
``(iii) the percentage of students who
graduate from high school within 4 years of
starting high school;
``(iv) the percentage of students who take
and complete advanced placement courses as
compared to the population of the students
eligible to take such courses, and the rate of
passing of advanced placement tests;
``(v) the professional qualifications of
teachers in the aggregate, including the
percentage of teachers teaching with emergency
or provisional qualifications, and the
percentage of class sections not taught by
fully qualified teachers; and
``(vi) such other information (such as
dropout and school attendance rates; and
average class size by grade level) as the State
believes will best provide parents, students,
and other members of the public with
information on the progress of each of the
State's public schools.
``(2) Content of local educational agency report cards.--
``(A) Minimum requirements.--The State shall ensure
that each local educational agency collects appropriate
data and includes in its annual report for each of its
schools, at a minimum--
``(i) the information described in paragraph
(1)(D) for each local educational agency and
school; and
``(ii)(I) in the case of a local educational
agency--
``(aa) the number and percentage of
schools identified for school
improvement and how long they have been
so identified, including schools
identified under section 1116(c) of
this Act; and
``(bb) information that shows how
students in its schools perform on the
statewide academic assessment compared
to students in the State as a whole;
and
``(II) in the case of a school--
``(aa) whether it has been identified
for school improvement; and
``(bb) information that shows how its
students performed on the statewide
academic assessment compared to
students in the local educational
agency and the State as a whole.
``(B) Other information.--A local educational agency
may include in its annual reports any other appropriate
information whether or not such information is included
in the annual State report.
``(C) Public dissemination.--The local educational
agency shall, not later than the beginning of the 2003-
2004 school year, publicly disseminate the information
described in this paragraph to all schools in the
district and to all parents of students attending those
schools (to the extent practicable, in a language they
can understand), and make the information broadly
available through public means, such as posting on the
Internet, distribution to the media, and distribution
through public agencies.
``(3) Pre-existing report cards.--A State or local
educational agency that was providing public report cards on
the performance of students, schools, local educational
agencies, or the State prior to the enactment of the No Child
Left Behind Act of 2001 may use those reports for the purpose
of this subsection, so long as any such report is modified, as
may be needed, to contain the information required by this
subsection.
``(4) Annual state report to the secretary.--Each State
receiving assistance under this Act shall report annually to
the Secretary, and make widely available within the State--
``(A) beginning with school year 2001-2002,
information on the State's progress in developing and
implementing the academic assessment system described
in subsection (b)(4);
``(B) beginning not later than school year 2004-2005,
information on the achievement of students on the
academic assessments required by that subsection,
including the disaggregated results for the categories
of students identified in subsection
(b)(2)(C)(iii)(II);
``(C) beginning not later than school year 2002-2003,
information on the acquisition of English proficiency
by children with limited English proficiency; and
``(D) in any year before the State begins to provide
the information described in subparagraph (B),
information on the results of student academic
assessments (including disaggregated results) required
under this section.
``(5) Parents right-to-know.--
``(A) Qualifications.--At the beginning of each
school year, a local educational agency that receives
funds under this part shall notify the parents of each
student attending any school receiving funds under this
part that they may request, and shall provide the
parents upon request (and in a timely manner),
information regarding the professional qualifications
of the student's classroom teachers, including, at a
minimum, the following:
``(i) Whether the teacher has met State
qualification and licensing criteria for the
grade levels and subject areas in which the
teacher provides instruction.
``(ii) Whether the teacher is teaching under
emergency or other provisional status through
which State qualification or licensing criteria
have been waived.
``(iii) The baccalaureate degree major of the
teacher and any other graduate certification or
degree held by the teacher, and the field of
discipline of the certification or degree.
``(iv) Whether the child is provided services
by paraprofessionals and if so, their
qualifications.
``(B) Additional information.--In addition to the
information which parents may request under
subparagraph (A), a school which receives funds under
this part shall provide to each individual parent--
``(i) information on the level of performance
of the individual student for whom they are the
parent in each of the State academic
assessments as required under this part; and
``(ii) timely notice that the student for
whom they are the parent has been assigned, or
has been taught for 4 or more consecutive weeks
by, a teacher who is not fully qualified.
``(C) Format.--The notice and information provided to
parents under this paragraph shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
``(6) Plan content.--A State shall include in its plan under
subsection (b) an assurance that it has in effect a policy that
meets the requirements of this section.
``(i) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), the Carl
D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2301 et seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), the McKinney-Vento Homeless Assistance Act, and other
Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted as
part of a consolidated application under section 8305.
``(b) Plan Provisions.--In order to help low achieving children
achieve high academic standards, each local educational agency plan
shall include--
``(1) a description of additional high-quality student
academic assessments, if any, other than the academic
assessments described in the State plan under section 1111,
that the local educational agency and schools served under this
part will use to--
``(A) determine the success of children served under
this part in meeting the State's student academic
achievement standards and provide information to
teachers, parents, and students on the progress being
made toward meeting the State student academic
achievement standards described in section
1111(b)(1)(D)(ii);
``(B) assist in diagnosis, teaching, and learning in
the classroom in ways that best enable low-achieving
children served under this title to meet State academic
standards and do well in the local curriculum; and
``(C) determine what revisions are needed to projects
under this title so that such children meet the State's
student academic achievement standards;
``(2) at the local educational agency's discretion, a
description of any other indicators that will be used in
addition to the academic assessments described in paragraph (1)
for the uses described in such paragraph, except that results
on any discretionary indicators shall not change which schools
would otherwise be subject to improvement of corrective action
under section 1118 if the additional measures are not included;
``(3) a description of how the local educational agency will
provide additional educational assistance to individual
students assessed as needing help to achieve the State's
challenging academic standards;
``(4) a description of the strategy the local educational
agency will use to provide professional development for
teachers, and, if appropriate, pupil services personnel,
administrators, parents and other staff, including local
educational agency level staff in accordance with section
1119A;
``(5) a description of how the local educational agency will
coordinate and integrate services provided under this part with
other educational services at the local educational agency or
individual school level, such as--
``(A) Even Start, Head Start, Reading First, Early
Reading First, and other preschool programs, including
plans for the transition of participants in such
programs to local elementary school programs; and
``(B) services for children with limited English
proficiency or with disabilities, migratory children
served under part C, neglected or delinquent youth,
Indian children served under part B of title III,
homeless children, and immigrant children in order to
increase program effectiveness, eliminate duplication,
and reduce fragmentation of the instructional program;
``(6) an assurance that the local educational agency will
participate, if selected, in the State National Assessment of
Educational Progress in 4th and 8th grade reading and
mathematics carried out under section 411(b)(2) of the
Education Statistics Act of 1994 (20 U.S.C. 9010(b)(2)), or in
another academic assessment pursuant to the State decision
under section 7101(b)(1)(B)(ii);
``(7) a description of the poverty criteria that will be used
to select school attendance areas under section 1113;
``(8) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, will identify
the eligible children most in need of services under this part;
``(9) a general description of the nature of the programs to
be conducted by such agency's schools under sections 1114 and
1115 and, where appropriate, educational services outside such
schools for children living in local institutions for neglected
or delinquent children, for neglected and delinquent children
in community day school programs, and for homeless children;
``(10) a description of how the local educational agency will
ensure that migratory children and formerly migratory children
who are eligible to receive services under this part are
selected to receive such services on the same basis as other
children who are selected to receive services under this part;
``(11) if appropriate, a description of how the local
educational agency will use funds under this part to support
preschool programs for children, particularly children
participating in Early Reading First, or in a Head Start or
Even Start program, which services may be provided directly by
the local educational agency or through a subcontract with the
local Head Start agency designated by the Secretary of Health
and Human Services under section 641 of the Head Start Act (42
U.S.C. 9836), agencies operating Even Start programs, Early
Reading First, or another comparable public early childhood
development program;
``(12) a description of the actions the local educational
agency will take to assist its low-performing schools,
including schools identified under section 1116 as in need of
improvement;
``(13) a description of the actions the local educational
agency will take to implement public school choice, consistent
with the requirements of section 1116;
``(14) a description how the local educational agency will
meet the requirements of section 1119(b)(1); and
``(15) a description of the services the local educational
agency will provide homeless children, including services
provided with funds reserved under section 1113(f)(3)(A).
``(c) Assurances.--
``(1) In general.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(A) inform eligible schools and parents of
schoolwide program authority and the ability of such
schools to consolidate funds from Federal, State, and
local sources;
``(B) provide technical assistance and support to
schoolwide programs;
``(C) work in consultation with schools as the
schools develop the schools' plans pursuant to section
1114 and assist schools as the schools implement such
plans or undertake activities pursuant to section 1115
so that each school can make adequate yearly progress
toward meeting the State student academic achievement
standards;
``(D) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under paragraphs (6) and (7) of
section 1116(b);
``(E) provide services to eligible children attending
private elementary and secondary schools in accordance
with section 1120, and timely and meaningful
consultation with private school officials regarding
such services;
``(F) take into account the experience of model
programs for the educationally disadvantaged, and the
findings of relevant scientifically based research
indicating that services may be most effective if
focused on students in the earliest grades at schools
that receive funds under this part;
``(G) in the case of a local educational agency that
chooses to use funds under this part to provide early
childhood development services to low-income children
below the age of compulsory school attendance, ensure
that such services comply with the academic achievement
standards established under section 641A(a) of the Head
Start Act (42 U.S.C. 9836a(a));
``(H) comply with the requirements of section 1119
regarding the qualifications of teachers and
paraprofessionals;
``(I) inform eligible schools of the local
educational agency's authority to obtain waivers on the
school's behalf under title VIII of this Act, and if
the State is an Ed-Flex Partnership State, to obtain
waivers under the Education Flexibility Partnership Act
of 1999; and
``(J) coordinate and collaborate, to the extent
feasible and necessary as determined by the local
educational agency, with other agencies providing
services to children, youth, and families.
``(2) Special rule.--In carrying out subparagraph (G) of
paragraph (1), the Secretary--
``(A) shall consult with the Secretary of Health and
Human Services on the implementation of such
subparagraph and shall establish procedures (taking
into consideration existing State and local laws, and
local teacher contracts) to assist local educational
agencies to comply with such subparagraph; and
``(B) shall disseminate to local educational agencies
the Head Start academic achievement standards as in
effect under section 641A(a) of the Head Start Act (42
U.S.C. 9836a(a)), and such agencies affected by such
subparagraph shall plan for the implementation of such
subparagraph (taking into consideration existing State
and local laws, and local teacher contracts), including
pursuing the availability of other Federal, State, and
local funding sources to assist in compliance with such
subparagraph.
``(3) Inapplicability.--The provisions of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs which are expanded through the
use of funds under this part.
``(d) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan shall
be developed in consultation with teachers, principals,
administrators (including administrators of programs described
in other parts of this title), and other appropriate school
personnel, and with parents of children in schools served under
this part.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the date
of the enactment of the No Child Left Behind Act of 2001 and
shall remain in effect for the duration of the agency's
participation under this part.
``(3) Review.--Each local educational agency shall
periodically review, and as necessary, revise its plan.
``(e) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve a
local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(A) enables schools served under this part to
substantially help children served under this part meet
the academic standards expected of all children
described in section 1111(b)(1); and
``(B) meets the requirements of this section.
``(f) Program Responsibility.--The local educational agency plan
shall reflect the shared responsibility of schools, teachers, and the
local educational agency in making decisions regarding activities under
sections 1114 and 1115.
``(g) Parental Notification and Consent for English Language
Instruction.--
``(1) Notification.--If a local educational agency uses funds
under this part to provide English language instruction to
limited English proficient children, the agency shall inform a
parent or the parents of a child participating in an English
language instruction program for limited English proficient
children assisted under this part of--
``(A) the reasons for the identification of the child
as being in need of English language instruction;
``(B) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
``(C) how the English language instruction program
will specifically help the child acquire English and
meet age-appropriate academic standards for grade
promotion and graduation;
``(D) what the specific exit requirements are for the
program;
``(E) the expected rate of transition from the
program into a classroom that is not tailored for
limited English proficient children; and
``(F) the expected rate of graduation from high
school for students in the program if funds under this
part are used for children in secondary schools.
``(2) Consent.--
``(A) Agency requirements.--
``(i) Informed consent.--For a child who has
been identified as limited English proficient
prior to the beginning of a school year, each
local educational agency that receives funds
under this part shall make a reasonable and
substantial effort to obtain informed parental
consent prior to the placement of a child in an
English language instruction program for
limited English proficient children funded
under this part if the program does not include
classes which exclusively or almost exclusively
use the English language in instruction.
``(ii) Written consent not obtained.--If
written consent is not obtained, the local
educational agency shall maintain a written
record that includes the date and the manner in
which such informed consent was sought,
including the specific efforts made to obtain
such consent.
``(iii) Proof of effort.--Notice, in an
understandable form, of specific efforts made
to obtain written consent and a copy of the
written record required in clause (ii) shall be
mailed or delivered in writing to a parent,
parents, or guardian of a child prior to
placing the child in a program described in
clause (i) and shall include a final request
for parental consent for such services. After
such notice has been mailed or delivered in
writing, the local educational agency shall
provide appropriate educational services.
``(iv) Special rule applicable during school
year.--For those children who have not been
identified as limited English proficient prior
to the beginning of the school year, the local
educational agency shall make a reasonable and
substantial effort to obtain parental consent
under this clause. For such children, the
agency shall document, in writing, its specific
efforts made to obtain such consent prior to
placing the child in a program described in
clause (i). After such documentation has been
made, the local educational agency shall
provide appropriate educational services to
such child. The proof of documentation shall be
mailed or delivered in writing to a parent or
parents of the child in a timely manner and
shall include information on how to have their
child immediately removed from the program upon
their request. Nothing in this clause shall be
construed as exempting a local educational
agency from complying with the notification
requirements of subsection (g)(1) and the
consent requirements of this paragraph.
``(3) Parental rights.--A parent or the parents of a child
participating in an English language instruction program for
limited English proficient children assisted under this part
shall--
``(A) select among methods of instruction, if more
than one method is offered in the program; and
``(B) have the right to have their child immediately
removed from the program upon their request.
``(4) Receipt of information.--A parent or the parents of a
limited English proficient child who is identified for
participation in an English language instruction program for
limited English proficient children assisted under this part
shall receive, in a manner and form understandable to the
parent or parents, the information required by this subsection.
At a minimum, the parent or parents shall receive--
``(A) timely information about English language
instruction programs for limited English proficient
children assisted under this part;
``(B) if a parent or parents of a participating child
so desires, notice of opportunities for regular
meetings for the purpose of formulating and responding
to recommendations from the parent or parents; and
``(C) procedural information for removing a child
from a program for limited English proficient children.
``(5) Basis for admission or exclusion.--Students shall not
be admitted to, or excluded from, any federally-assisted
education program on the basis of a surname or language-
minority status.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) Determination.--
``(1) In general.--A local educational agency shall use funds
received under this part only in eligible school attendance
areas.
``(2) Eligible school attendance areas.--For the purposes of
this part--
``(A) the term `school attendance area' means, in
relation to a particular school, the geographical area
in which the children who are normally served by that
school reside; and
``(B) the term `eligible school attendance area'
means a school attendance area in which the percentage
of children from low-income families is at least as
high as the percentage of children from low-income
families in the local educational agency as a whole.
``(3) Local educational agency discretion.--
``(A) In general.--Notwithstanding paragraph (2), a
local educational agency may--
``(i) designate as eligible any school
attendance area or school in which at least 35
percent of the children are from low-income
families;
``(ii) use funds received under this part in
a school that is not in an eligible school
attendance area, if the percentage of children
from low-income families enrolled in the school
is equal to or greater than the percentage of
such children in a participating school
attendance area of such agency;
``(iii) designate and serve a school
attendance area or school that is not eligible
under subsection (b), but that was eligible and
that was served in the preceding fiscal year,
but only for 1 additional fiscal year; and
``(iv) elect not to serve an eligible school
attendance area or eligible school that has a
higher percentage of children from low-income
families if--
``(I) the school meets the
comparability requirements of section
1120A(c);
``(II) the school is receiving
supplemental funds from other State or
local sources that are spent according
to the requirements of section 1114 or
1115; and
``(III) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this part.
``(B) Special rule.--Notwithstanding subparagraph
(A)(iv), the number of children attending private
elementary and secondary schools who are to receive
services, and the assistance such children are to
receive under this part, shall be determined without
regard to whether the public school attendance area in
which such children reside is assisted under
subparagraph (A).
``(b) Ranking Order.--If funds allocated in accordance with
subsection (f) are insufficient to serve all eligible school attendance
areas, a local educational agency--
``(1) shall annually rank from highest to lowest according to
the percentage of children from low-income families in each
agency's eligible school attendance areas in the following
order--
``(A) eligible school attendance areas in which the
concentration of children from low-income families
exceeds 75 percent; and
``(B) all remaining eligible school attendance areas
in which the concentration of children from low-income
families is 75 percent or lower either by grade span or
for the entire local educational agency;
``(2) shall, within each category listed in paragraph (1),
serve schools in rank order from highest to lowest according to
the ranking assigned under paragraph (1);
``(3) notwithstanding paragraph (2), may give priority,
within each such category and in rank order from highest to
lowest subject to paragraph (4), to eligible school attendance
areas that serve children in elementary schools; and
``(4) not serve a school described in paragraph (1)(B) before
serving a school described in paragraph (1)(A).
``(c) Low-Income Measures.--In determining the number of children
ages 5 through 17 who are from low-income families, the local
educational agency shall apply the measures described in paragraphs (1)
and (2) of this subsection:
``(1) Allocation to public school attendance areas.--The
local educational agency shall use the same measure of poverty,
which measure shall be the number of children ages 5 through 17
in poverty counted in the most recent census data approved by
the Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), the number of
children in families receiving assistance under the State
program funded under part A of title IV of the Social Security
Act, or the number of children eligible to receive medical
assistance under the Medicaid program, or a composite of such
indicators, with respect to all school attendance areas in the
local educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (f).
``(2) Allocation for equitable service to private school
students.--
``(A) Calculation.--A local educational agency shall
have the final authority, consistent with section 1120
to calculate the number of private school children,
ages 5 through 17, who are low-income by--
``(i) using the same measure of low-income
used to count public school children;
``(ii) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students and
allowing such survey results to be extrapolated
if complete actual data are not available; or
``(iii) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that attendance area.
``(B) Complaint process.--Any dispute regarding low-
income data on private school students shall be subject
to the complaint process authorized in section 8505.
``(d) Exception.--This section (other than subsections (a)(3) and
(f)) shall not apply to a local educational agency with a total
enrollment of less than 1,500 children.
``(e) Waiver for Desegregation Plans.--The Secretary may approve a
local educational agency's written request for a waiver of the
requirements of subsections (a) and (f), and permit such agency to
treat as eligible, and serve, any school that children attend under a
desegregation plan ordered by a State or court or approved by the
Secretary, or such a plan that the agency continues to implement after
it has expired, if--
``(1) the number of economically disadvantaged children
enrolled in the school is not less than 25 percent of the
school's total enrollment; and
``(2) the Secretary determines on the basis of a written
request from such agency and in accordance with such criteria
as the Secretary establishes, that approval of that request
would further the purposes of this part.
``(f) Allocations.--
``(1) In general.--A local educational agency shall allocate
funds received under this part to eligible school attendance
areas or eligible schools, identified under subsection (b) in
rank order on the basis of the total number of children from
low-income families in each area or school.
``(2) Special rule.--(A) Except as provided in subparagraph
(B), the per-pupil amount of funds allocated to each school
attendance area or school under paragraph (1) shall be at least
125 percent of the per-pupil amount of funds a local
educational agency received for that year under the poverty
criteria described by the local educational agency in the plan
submitted under section 1112, except that this paragraph shall
not apply to a local educational agency that only serves
schools in which the percentage of such children is 35 percent
or greater.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school attendance
area or school by the amount of any supplemental State and
local funds expended in that school attendance area or school
for programs that meet the requirements of section 1114 or
1115.
``(3) Reservation.--A local educational agency shall reserve
such funds as are necessary under this part to provide services
comparable to those provided to children in schools funded
under this part to serve--
``(A) homeless children who do not attend
participating schools, including providing
educationally related support services to children in
shelters and other locations where children may live;
``(B) children in local institutions for neglected
children; and
``(C) if appropriate, children in local institutions
for delinquent children and neglected or delinquent
children in community day school programs.
``(4) School improvement reservation.--In addition to the
funding a local educational agency receives under section
1003(b), a local educational agency may reserve such funds as
are necessary under this part to meet such agency's school
improvement responsibilities under section 1116, including
taking corrective actions under paragraphs (6) and (7) of
section 1116(b).
``(5) Financial incentives and rewards reservation.--A local
educational agency may reserve such funds as are necessary
under this part to provide financial incentives and rewards to
teachers who serve in schools eligible under subsection
(b)(1)(A) and identified for improvement under section
1116(b)(1) for the purpose of attracting and retaining
qualified and effective teachers.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Purpose.--The purpose of a schoolwide program under this
section is--
``(1) to enable a local educational agency to consolidate
funds under this part with other Federal, State, and local
funds, to upgrade the entire educational program in a high
poverty school; and
``(2) to help ensure that all children in such a school meet
challenging State academic standards for student achievement,
particularly those children who are most at-risk of not meeting
those standards.
``(b) Use of Funds for Schoolwide Programs.--
``(1) In general.--A local educational agency may consolidate
funds under this part, together with other Federal, State, and
local funds, in order to upgrade the entire educational program
of a school that serves an eligible school attendance area in
which not less than 40 percent of the children are from low-
income families, or not less than 40 percent of the children
enrolled in the school are from such families.
``(2) Identification of students not required.--
``(A) In general.--No school participating in a
schoolwide program shall be required to identify
particular children under this part as eligible to
participate in a schoolwide program or to provide
supplemental services to such children.
``(B) Supplement funds.--A school participating in a
schoolwide program shall use funds available to carry
out this section only to supplement the amount of funds
that would, in the absence of funds under this part, be
made available from non-Federal sources for the school,
including funds needed to provide services that are
required by law for children with disabilities and
children with limited English proficiency.
``(3) Exemption from statutory and regulatory requirements.--
``(A) Exemption.--Except as provided in subsection
(c), the Secretary may, through publication of a notice
in the Federal Register, exempt schoolwide programs
under this section from statutory or regulatory
provisions of any other noncompetitive formula grant
program administered by the Secretary (other than
formula or discretionary grant programs under the
Individuals with Disabilities Education Act, except as
provided in section 613(a)(2)(D) of such Act), or any
discretionary grant program administered by the
Secretary, to support schoolwide programs if the intent
and purposes of such other programs are met.
``(B) Requirements.--A school that chooses to use
funds from such other programs shall not be relieved of
the requirements relating to health, safety, civil
rights, student and parental participation and
involvement, services to private school children,
maintenance of effort, uses of Federal funds to
supplement, not supplant non-Federal funds, or the
distribution of funds to State or local educational
agencies that apply to the receipt of funds from such
programs.
``(C) Records.--A school that consolidates funds from
different Federal programs under this section shall not
be required to maintain separate fiscal accounting
records, by program, that identify the specific
activities supported by those particular funds as long
as it maintains records that demonstrate that the
schoolwide program, considered as a whole addresses the
intent and purposes of each of the Federal programs
that were consolidated to support the schoolwide
program.
``(4) Professional development.--Each school receiving funds
under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (c)(1)(D) in accordance with section 1119A for such
fiscal year, except that a school may enter into a consortium
with another school to carry out such activities.
``(c) Components of a Schoolwide Program.--
``(1) In general.--A schoolwide program shall include the
following components:
``(A) A comprehensive needs assessment of the entire
school (including taking into account the needs of
migratory children as defined in section 1309(2)) that
is based on information which includes the performance
of children in relation to the State academic content
standards and the State student academic achievement
standards described in section 1111(b)(1).
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children
to meet the State's proficient and advanced
levels of student achievement described in
section 1111(b)(1)(D);
``(ii) use effective methods and
instructional strategies that are based upon
scientifically based research that--
``(I) strengthen the core academic
program in the school;
``(II) increase the amount and
quality of learning time, such as
providing an extended school year and
before- and after-school and summer
programs and opportunities, and help
provide an enriched and accelerated
curriculum; and
``(III) include strategies for
meeting the educational needs of
historically underserved populations;
``(iii)(I) address the needs of all children
in the school, but particularly the needs of
low-achieving children and those at risk of not
meeting the State student academic achievement
standards who are members of the target
population of any program that is included in
the schoolwide program; and
``(II) address how the school will determine
if such needs have been met; and
``(iv) are consistent with, and are designed
to implement, the State and local improvement
plans, if any.
``(C) Instruction by fully qualified (as defined in
section 8101) teachers.
``(D) In accordance with section 1119A and subsection
(b)(4), high quality and ongoing professional
development for teachers and paraprofessionals, and,
where appropriate, pupil services personnel, parents,
principals, and other staff to enable all children in
the school to meet the State's student academic
achievement standards.
``(E) Strategies to attract high quality teachers to
high need schools, such as differential pay systems or
performance based pay.
``(F) Strategies to increase parental involvement in
accordance with section 1118, such as family literary
services.
``(G) Plans for assisting preschool children in the
transition from early childhood programs, such as Head
Start, Even Start, Early Reading First, or a State-run
preschool program, to local elementary school programs.
``(H) Measures to include teachers in the decisions
regarding the use of academic assessments described in
section 1111(b)(4) in order to provide information on,
and to improve, the performance of individual students
and the overall instructional program.
``(I) Activities to ensure that students who
experience difficulty mastering the proficient or
advanced levels of academic achievement standards
required by section 1111(b) shall be provided with
effective, timely additional assistance which shall
include measures to ensure that students' difficulties
are identified on a timely basis and to provide
sufficient information on which to base effective
assistance.
``(2) Plan.--Any eligible school that desires to operate a
schoolwide program shall first develop (or amend a plan for
such a program that was in existence on the day before the
effective date of the No Child Left Behind Act of 2001), a
comprehensive plan for reforming the total instructional
program in the school that--
``(A) incorporates the components described in
paragraph (1);
``(B) describes how the school will use resources
under this part and from other sources to implement
those components; and
``(C) includes a list of State and local educational
agency programs and other Federal programs under
subsection (b)(3) that will be consolidated in the
schoolwide program.
``(3) Plan development.--The comprehensive plan shall be--
``(A) developed during a 1-year period, unless--
``(i) the local educational agency determines
that less time is needed to develop and
implement the schoolwide program; or
``(ii) the school operated a schoolwide
program on the day preceding the effective date
of the No Child Left Behind Act of 2001, in
which case such school may continue to operate
such program, but shall develop amendments to
its existing plan during the first year of
assistance after that date to reflect the
provisions of this section;
``(B) developed with the involvement of parents and
other members of the community to be served and
individuals who will carry out such plan, including
teachers, principals, and administrators (including
administrators of programs described in other parts of
this title), and, if appropriate, pupil services
personnel, technical assistance providers, school
staff, and, if the plan relates to a secondary school,
students from such school;
``(C) in effect for the duration of the school's
participation under this part and reviewed and revised,
as necessary, by the school;
``(D) available to the local educational agency,
parents, and the public, and the information contained
in such plan shall be provided in a format, and to the
extent practicable, in a language that they can
understand; and
``(E) if appropriate, developed in coordination with
programs under Reading First, Early Reading First, Even
Start, Carl D. Perkins Vocational and Technical
Education Act of 1998, and the Head Start Act.
``(d) Accountability.--A schoolwide program under this section shall
be subject to the school improvement provisions of section 1116.
``(e) Prekindergarten Program.--A school that is eligible for a
schoolwide program under this section may use funds made available
under this title to establish or enhance prekindergarten programs for
3-, 4-, and 5-year-old children, such as Even Start programs or Early
Reading First programs.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to receive funds under
section 1113(f) that are ineligible for a schoolwide program under
section 1114, or that choose not to operate such a schoolwide program,
a local educational agency may use funds received under this part only
for programs that provide services to eligible children under
subsection (b) identified as having the greatest need for special
assistance.
``(b) Eligible Children.--
``(1) Eligible population.--(A) The eligible population for
services under this section is--
``(i) children not older than age 21 who are entitled
to a free public education through grade 12; and
``(ii) children who are not yet at a grade level at
which the local educational agency provides a free
public education.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging student academic achievement standards on the basis
of academic assessments under this part, and, as appropriate,
on the basis of multiple, educationally related, objective
criteria established by the local educational agency and
supplemented by the school, except that children from preschool
through grade 2 may be selected solely on the basis of such
criteria as teacher judgment, interviews with parents, and
other appropriate measures.
``(2) Children included.--(A)(i) Children with disabilities,
migrant children, and children with limited English proficiency
are eligible for services under this part on the same basis as
other children.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be made
available to such children but may be used to coordinate or
supplement such services.
``(B) A child who, at any time in the 2 years preceding the
year for which the determination is made, participated in a
Head Start, Even Start, or Early Reading First program, or in
preschool services under this title, is eligible for services
under this part.
``(C)(i) A child who, at any time in the 2 years preceding
the year for which the determination is made, received services
under part C is eligible for services under this part.
``(ii) A child in a local institution for neglected or
delinquent children or attending a community day program for
such children is eligible for services under this part.
``(D) A child who is homeless and attending any school in the
local educational agency is eligible for services under this
part.
``(c) Components of a Targeted Assistance School Program.--
``(1) In general.--To assist targeted assistance schools and
local educational agencies to meet their responsibility to
provide for all their students served under this title the
opportunity to meet the State's challenging student academic
achievement standards in subjects as determined by the State,
each targeted assistance program under this section shall--
``(A) use such program's resources under this part to
help participating children meet such State's
challenging student academic achievement standards
expected for all children;
``(B) ensure that planning for students served under
this part is incorporated into existing school
planning;
``(C) use effective methods and instructional
strategies that are based upon scientifically based
research that strengthens the core academic program of
the school and that--
``(i) give primary consideration to providing
extended learning time such as an extended
school year, before- and after-school, and
summer programs and opportunities;
``(ii) help provide an accelerated, high-
quality curriculum, including applied learning;
and
``(iii) minimize removing children from the
regular classroom during regular school hours
for instruction provided under this part;
``(D) coordinate with and support the regular
education program, which may include services to assist
preschool children in the transition from early
childhood programs such as Head Start, Even Start,
Early Reading First or State-run preschool programs to
elementary school programs;
``(E) provide instruction by fully qualified teachers
as defined in section 8101;
``(F) in accordance with subsection (e)(3) and
section 1119A, provide opportunities for professional
development with resources provided under this part,
and, to the extent practicable, from other sources, for
teachers, principals, and administrators and other
school staff, including, if appropriate, pupil services
personnel, who work with participating children in
programs under this section or in the regular education
program; and
``(G) provide strategies to increase parental
involvement in accordance with section 1118, such as
family literacy services.
``(2) Requirements.--Each school conducting a program under
this section shall assist participating children selected in
accordance with subsection (b) to meet the State's proficient
and advanced levels of achievement by--
``(A) the coordination of resources provided under
this part with other resources; and
``(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted
assistance program, if necessary, to provide additional
assistance to enable such children to meet the State's
challenging student academic achievement standards,
such as an extended school year, before- and after-
school, and summer programs and opportunities, training
for teachers regarding how to identify students that
require additional assistance, and training for
teachers regarding how to implement student academic
achievement standards in the classroom.
``(d) Integration of Professional Development.--To promote the
integration of staff supported with funds under this part, public
school personnel who are paid with funds received under this part may
participate in general professional development and school planning
activities.
``(e) Special Rules.--
``(1) Simultaneous service.--Nothing in this section shall be
construed to prohibit a school from serving students served
under this section simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``(2) Comprehensive services.--If medical, nutrition, and
other social services are not otherwise available to eligible
children in a targeted assistance school and such school, if
appropriate, has engaged in a comprehensive needs assessment
and established a collaborative partnership with local service
providers, and if funds are not reasonably available from other
public or private sources to provide such services, then a
portion of the funds provided under this part may be used as a
last resort to provide such services, including--
``(A) the provision of basic medical equipment, such
as eyeglasses and hearing aids; and
``(B) professional development necessary to assist
teachers, pupil services personnel, other staff, and
parents in identifying and meeting the comprehensive
needs of eligible children.
``(3) Professional development.--Each school receiving funds
under this part for any fiscal year shall devote sufficient
resources to carry out effectively the professional development
activities described in subparagraph (F) of subsection (c)(1)
in accordance with section 1119A for such fiscal year, except
that a school may enter into a consortium with another school
to carry out such activities.''.
SEC. 105. SCHOOL CHOICE.
Section 1115A is amended to read as follows:
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use funds
under this part, in combination with State, local, and private funds,
to develop and implement public school choice programs, for children
eligible for assistance under this part, which permit parents to select
the public school that their child will attend.
``(b) Choice Plan.--A local educational agency that chooses to
implement a public school choice program shall first develop a plan
that includes a description of how the local educational agency will
use resources under this part and from other resources to implement the
plan, and assurances that--
``(1) all eligible students across grade levels served under
this part will have equal access to the program;
``(2) the plan will be developed with the involvement of
parents and others in the community to be served and
individuals who will carry out the plan, including
administrators, teachers, principals, and other staff;
``(3) parents of eligible students in the local educational
agency will be given prompt notice of the existence of the
public school choice program and its availability to them, and
a clear explanation of how the program will operate;
``(4) the program will include charter schools and any other
public school and shall not include a school that is or has
been identified as a school in school improvement or is or has
been in corrective action for the past 2 consecutive years; and
``(5) such local educational agency will comply with the
other requirements of this part.
``(c) Transportation.--Transportation services or the costs of
transportation may be provided by the local educational agency, except
that such agency may not use more than a total of 15 percent of its
allocation under this part for such purposes.''.
SEC. 106. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
The section heading and subsections (a) through (d) of section 1116
are amended to read as follows:
``SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND
SCHOOL IMPROVEMENT.
``(a) Local Review.--Each local educational agency receiving funds
under this part shall--
``(1) use the State academic assessments described in the
State plan to review annually the progress of each school
served under this part to determine whether the school is
making adequate yearly progress as defined in section
1111(b)(2)(B);
``(2) publicize and disseminate to teachers and other staff,
parents, students, and the community, the results of the annual
review under paragraph (2);
``(3) review the effectiveness of the actions and activities
the schools are carrying out under this part with respect to
parental involvement assisted under this Act.
``(b) School Improvement.--
``(1) In general.--
``(A) Identification.--A local educational agency
shall identify for school improvement any elementary or
secondary school served under this part that--
``(i) fails, for any year, to make adequate
yearly progress as defined in the State's plan
under section 1111(b)(2); or
``(ii) was in school improvement status under
this section immediately before the effective
date of the No Child Left Behind Act of 2001.
``(B) Deadline.--The identification described in
subparagraph (A) shall take place not later than the
first day of the school year following such failure to
make adequate yearly progress.
``(C) Application.--This paragraph does not apply to
a school if almost every student in the school is
meeting the State's advanced level of performance.
``(D) Review.--To determine if an elementary school
or a secondary school that is conducting a targeted
assistance program under section 1115 should be
identified for school improvement under this
subsection, a local educational agency may choose to
review the progress of only the students in the school
who are served, or are eligible for services, under
this part.
``(E) Public school choice.--In the case of a school
identified for school improvement under subparagraph
(A), the local educational agency shall, not later than
the first day of the school year following
identification, provide all students enrolled in the
school with the option to transfer to another public
school within the local educational agency, including a
public charter school, that has not been identified for
school improvement under subparagraph (A), unless such
an option is prohibited by State law.
``(F) Transfer.--Students who use the option to
transfer under subparagraph (E) shall be enrolled in
classes and other activities in the public school to
which they transfer in the same manner as all other
children at the public school.
``(2) Opportunity to review and present evidence; time
limit.--
``(A) Before identifying an elementary school or a
secondary school for school improvement under paragraph
(1), for corrective action under paragraph (6), or for
restructuring under paragraph (7), the local
educational agency shall provide the school with an
opportunity to review the school-level data, including
academic assessment data, on which the proposed
identification is based.
``(B) Evidence.--If the principal of a school
proposed for identification under paragraph (1), (6),
or (7) believes, or a majority of the parents of the
students enrolled in such school believe, that the
proposed identification is in error for statistical or
other substantive reasons, the principal may provide
supporting evidence to the local educational agency,
which shall consider that evidence before making a
final determination.
``(C) Final determination.--Not later than 30 days
after a local educational agency provides the school
with the opportunity to review such school level data,
the local educational agency shall make public a final
determination on the status of the school.
``(3) School plan.--
``(A) Revised plan.--After the resolution of a review
under paragraph (2), each school identified under
paragraph (1) for school improvement shall, not later
than 3 months after being so identified, develop or
revise a school plan, in consultation with parents,
school staff, the local educational agency serving the
school, the local school board, and other outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and--
``(i) incorporate scientifically based
research strategies that strengthen the core
academic subjects in the school and address the
specific academic issues that caused the school
to be identified for school improvement;
``(ii) adopt policies and practices
concerning the school's core academic subjects
that have the greatest likelihood of ensuring
that all groups of students specified in
section 1111(b)(2)(C)(iii)(I) and (II) and
enrolled in the school will meet the State's
proficient level of achievement on the State
academic assessment described in section
1111(b)(4) not later than 10 years after the
date of enactment of the No Child Left Behind
Act of 2001;
``(iii) provide an assurance that the school
shall reserve not less than 10 percent of the
funds made available to the school under this
part for each fiscal year that the school is in
school improvement status, for the purpose of
providing to the school's teachers and
principal high-quality professional development
that--
``(I) directly addresses the academic
performance problem that caused the
school to be identified for school
improvement;
``(II) meets the requirements for
professional development activities
under section 1119A; and
``(III) is provided in a manner that
affords greater opportunity for
participating in such professional
development;
``(iv) specify how the funds described in
clause (iii) will be used to remove the school
from school improvement status;
``(v) establish specific annual, measurable
goals for continuous and significant progress
by each group of students specified in section
1111(b)(2)(C)(iii)(I) and (II) and enrolled in
the school that will ensure that all such
groups of students shall meet the State's
proficient level of achievement on the State
academic assessment described in section
1111(b)(4) not later than 10 years after the
date of enactment of the No Child Left Behind
Act of 2001;
``(vi) identify how the school will provide
written notification about the identification
to parents of each student enrolled in such
school, in a format and, to the extent
practicable, in a language the parents can
understand;
``(vii) specify the responsibilities of the
school, the local educational agency, and the
State educational agency serving the school
under the plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4); and
``(viii) incorporate, as appropriate,
extended learning time for students, such as
before school, after school, during the summer
and extension of the school year.
``(B) Conditional approval.--The local educational
agency may condition approval of a school plan on--
``(i) inclusion of 1 or more of the
corrective actions specified in paragraph
(6)(D)(ii); or
``(ii) feedback on the school improvement
plan from parents and community leaders.
``(C) Plan implementation.--Except as provided in
subparagraph (D), a school shall implement the school
plan (including a revised plan) expeditiously, but not
later than the beginning of the school year following
the school year in which the failure to make adequate
yearly progress took place.
``(D) Notwithstanding subparagraph (C), in a case in
which a plan is not approved prior to the beginning of
a school year, such plan shall be implemented
immediately upon approval.
``(E) Local educational agency approval.--The local
educational agency shall--
``(i) establish a peer-review process to
assist with review of a school plan prepared by
a school served by the local educational
agency; and
``(ii) promptly review the school plan, work
with the school as necessary, and approve the
school plan if it meets the requirements of
this paragraph.
``(4) Technical assistance.--
``(A) In general.--For each school identified for
school improvement under paragraph (1), the local
educational agency serving the school shall provide
technical assistance as the school develops and
implements the school plan throughout the duration of
such plan.
``(B) Specific assistance.--Such technical
assistance--
``(i) shall include assistance in analyzing
data from the academic assessments required
under section 1111(b)(4), and other samples of
student work, to identify and address
instructional problems and solutions;
``(ii) shall include assistance in
identifying and implementing professional
development, instructional strategies, and
methods of instruction that are based upon
scientifically based research and that have
proven effective in addressing the specific
instructional issues that caused the school to
be identified for school improvement;
``(iii) shall include assistance in analyzing
and revising the school's budget so that the
school resources are more effectively allocated
for the activities most likely to increase
student achievement and to remove the school
from school improvement status; and
``(iv) may be provided--
``(I) by the local educational
agency, through mechanisms authorized
under section 1117; or
``(II) by the State educational
agency, an institution of higher
education (in full compliance with all
the reporting provisions of title II of
the Higher Education Act of 1965), a
private not-for-profit organization or
for-profit organization, an educational
service agency, or another entity with
experience in helping schools improve
performance.
``(C) Scientifically based research.--Technical
assistance provided under this section by a local
educational agency or an entity approved by that agency
shall be based on scientifically based research.
``(5) Notification to parents.--A local educational agency
shall promptly provide parents (in a format and, to the extent
practicable, in a language they can understand) of each student
in an elementary school or a secondary school identified for
school improvement--
``(A) an explanation of what the school improvement
identification means, and how the school identified for
school improvement compares in terms of academic
achievement to other elementary schools or secondary
schools served by the local educational agency and the
State educational agency involved;
``(B) the reasons for the identification;
``(C) an explanation of what the school identified
for school improvement is doing to address the problem
of low achievement;
``(D) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the achievement problem;
``(E) an explanation of how parents described in this
paragraph can become involved in addressing the
academic issues that caused the school to be identified
for school improvement; and
``(F) an explanation regarding the option of their
child to transfer to another public school, including a
public charter school.
``(6) Corrective action.--
``(A) In general.--In this subsection, the term
`corrective action' means action, consistent with State
law, that--
``(i) substantially and directly responds
to--
``(I) the consistent academic failure
of a school that caused the local
educational agency to take such action;
and
``(II) any underlying staffing,
curriculum, or other problems in the
school; and
``(ii) is designed to increase substantially
the likelihood that students enrolled in the
school identified for corrective action will
perform at the State's proficient and advanced
levels of achievement on the State academic
assessment described in section 1111(b)(4).
``(B) System.--In order to help students served under
this part meet challenging State academic standards,
each local educational agency shall implement a system
of corrective action in accordance with subparagraphs
(C) through (F) and paragraphs (7) through (9).
``(C) Role of local educational agency.--The local
educational agency--
``(i) after providing public school choice
under paragraph (1)(E) and technical assistance
under paragraph (4), shall identify for
corrective action and take corrective action
with respect to any school served by the local
educational agency under this part that--
``(I) fails to make adequate yearly
progress, as defined by the State under
section 1111(b)(2), at the end of the
first full school year following
identification under paragraph (1); or
``(II) was in school-improvement
status for 2 years or in corrective-
action status under this subsection
immediately before the effective date
of the No Child Left Behind Act of
2001; and
``(ii) shall continue to provide technical
assistance consistent with paragraph (4) while
instituting any corrective action under clause
(i); and
``(D) Requirements.--In the case of a school
described in subparagraph (C)(i), the local educational
agency shall both--
``(i) continue to provide all students
enrolled in the school with the option to
transfer to another public school within the
local educational agency, including a public
charter school, that has not been identified
for school improvement under paragraph (1),
unless such an option is prohibited by State
law; and
``(ii) take at least 1 of the following
corrective actions:
``(I) Replace the school staff which
are relevant to the failure to make
adequate yearly progress.
``(II) Institute and fully implement
a new curriculum, including providing
appropriate professional development
for all relevant staff, that is based
on scientifically based research and
offers substantial promise of improving
educational performance for low-
performing students and the school
meeting adequate yearly progress.
``(III) Significantly decrease
management authority at the school
level.
``(IV) Appoint an outside expert to
advise the school on its progress
toward meeting adequate yearly
progress, based on its school plan
under this subsection.
``(V) Extend the school year or
school day.
``(VI) Restructure the internal
organizational structure of the school.
``(E) Delay.--A local educational agency may delay,
for a period not to exceed 1 year, implementation of
corrective action only if the school's failure to make
adequate yearly progress was justified due to
exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen
decline in the financial resources of the local
educational agency or school.
``(F) Publication and dissemination.--The local
educational agency shall publish and disseminate
information regarding any corrective action the local
educational agency takes under this paragraph at a
school--
``(i) to the public and to the parents of
each student enrolled in the school subject to
corrective action;
``(ii) in a format and, to the extent
practicable, in a language that the parents can
understand; and
``(iii) through such means as the Internet,
the media, and public agencies.
``(7) Restructuring.--
``(A) Failure to make adequate yearly progress.--If--
``(i) a school is subject to corrective
action under paragraph (6) for one full school
year, and at the end of such year continues to
fail to make adequate yearly progress and
students in the school who are from
economically disadvantaged families are not
making statistically significant progress in
the subjects included in the State's definition
of adequate yearly progress; or
``(ii) for 2 additional years a school
subject to corrective action under paragraph
(6) fails to make adequate yearly progress, the
local educational agency shall--
``(I) provide all students enrolled
in the school with the option to
transfer to another public school
within the local educational agency,
including a public charter school, that
has not been identified for school
improvement under paragraph (1), unless
prohibited by State law;
``(II) make supplemental
instructional services available,
consistent with subsection (d)(1); and
``(III) prepare a plan and make
necessary arrangements to carry out
subparagraph (B).
``(B) Alternative governance.--Not later than the
beginning of the school year following the year in
which the local educational agency implements
subparagraph (A), the local educational agency shall
implement 1 of the following alternative governance
arrangements for the school consistent with State law:
``(i) Reopening the school as a public
charter school.
``(ii) Replacing the principal and all or
most of the school staff that are relevant to
the failure to make adequate yearly progress.
``(iii) Entering into a contract with an
entity, such as a private management company,
to operate the public school.
``(iv) Turning the operation of the school
over to the State, if permitted under State law
and agreed to by the State.
``(C) Available results.--The State educational
agency shall ensure that, for any school year in which
a school is subject to school improvement under this
subsection, the results of State academic assessments
for that school are available to the local educational
agency by the end of the school year in which the
academic assessments are administered.
``(D) Prompt notice.--The local educational agency
shall provide prompt notice to teachers and parents
whenever subparagraph (A) or (B) applies, shall provide
them adequate opportunity to comment before taking any
action under those subparagraphs and to participate in
developing any plan under subparagraph (A)(iii), and
shall provide parents an explanation of the options
under subparagraph (A)(i) and (ii).
``(8) Transportation.--In any case described in paragraph
(6)(D)(i) and (7)(A)(ii)(I) the local educational agency--
``(A) shall provide, or shall pay for the provision
of, transportation for the student to the public school
the child attends; and
``(B) may use not more than a total of 15 percent of
its allocation under this part for that purpose.
``(9) Cooperative agreement.--In any case described in
paragraph (6)(D)(i) or (7)(A)(ii)(I), if all public schools in
the local educational agency to which a child may transfer to,
are identified for school improvement, the agency shall, to the
extent practicable, establish a cooperative agreement with
other local educational agencies in the area for a transfer.
``(10) Duration.--If any school identified for corrective
action or restructuring--
``(A) makes adequate yearly progress for 2
consecutive years, the local educational agency need no
longer subject it to corrective action or restructuring
nor identify it as in need of improvement; or
``(B) fails to make adequate yearly progress, but
children from low-income families in the school make
statistically significant educational progress for 1
year, the local educational agency shall place or
continue as appropriate the school in corrective action
under paragraph (6).
``(11) State responsibilities.--The State shall--
``(A) make technical assistance under section 1117
available to all schools identified for school
improvement and restructuring under this subsection;
``(B) if it determines that a local educational
agency has failed to carry out its responsibilities
under this subsection, take such corrective actions as
the State finds appropriate and in compliance with
State law; and
``(C) ensure that academic assessment results under
this part are provided to schools within the same
school year in which the assessment was given.
``(c) State Review and Local Educational Agency Improvement.--
``(1) In general.--A State shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether schools receiving assistance under
this part are making adequate yearly progress as
defined in section 1111(b)(2) toward meeting the
State's student academic achievement standards; and
``(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students,
and the community the results of the State review
consistent with section 1111, including statistically
sound disaggregated results, as required by section
1111(b)(2).
``(2) Identification of local educational agency for
improvement.--A State shall identify for improvement any local
educational agency that--
``(A) for 2 consecutive years failed to make adequate
yearly progress as defined in the State's plan under
section 1111(b)(2); or
``(B) was in improvement status under this section as
this section was in effect on the day preceding the
date of the enactment of the No Child Left Behind Act
of 2001.
``(3) Transition.--The 2-year period described in paragraph
(2)(A) shall include any continuous period of time immediately
preceding the date of the enactment of the No Child Left Behind
Act of 2001, during which a local educational agency did not
make adequate yearly progress as defined in the State's plan,
as such plan was in effect on the day preceding the date of
such enactment.
``(4) Targeted assistance schools.--For purposes of targeted
assistance schools in a local educational agency, a State
educational agency may choose to review the progress of only
the students in such schools who are served or are eligible for
services under this part.
``(5) Opportunity to review and present evidence.--
``(A) Review.--Before identifying a local educational
agency for improvement under paragraph (2), a State
educational agency shall provide the local educational
agency with an opportunity to review the local
educational agency data, including academic assessment
data, on which that proposed identification is based.
``(B) Supporting evidence.--If the local educational
agency believes that the proposed identification is in
error for statistical or other substantive reasons, it
may provide supporting evidence to the State
educational agency, which such agency shall consider
before making a final determination not later than 30
days after the State educational agency provides the
local educational agency with the opportunity to review
such data under subparagraph (A).
``(6) Notification to parents.--The State educational agency
shall promptly notify parents in a format, and to the extent
practicable in a language they can understand, of each student
enrolled in a school in a local educational agency identified
for improvement, of the results of the review under paragraph
(1) and, if the agency is identified as in need of improvement,
the reasons for that identification and how parents can
participate in upgrading the quality of the local educational
agency.
``(7) Local educational agency revisions.--
``(A) Plan.--Each local educational agency identified
under paragraph (2) shall, not later than 3 months
after being so identified, develop or revise a local
educational agency plan, in consultation with parents,
school staff, and others. Such plan shall--
``(i) incorporate scientifically based
research strategies that strengthen the core
academic program in the local educational
agency;
``(ii) identify specific goals and objectives
the local educational agency will undertake to
make adequate yearly progress and which--
``(I) have the greatest likelihood of
improving the performance of
participating children in meeting the
State's student academic achievement
standards;
``(II) address the professional
development needs of staff; and
``(III) include specific measurable
achievement goals and targets for each
of the groups of students identified in
the disaggregated data pursuant to
section 1111(b)(2)(C)(iii)(I) and (II);
``(iii) incorporate, as appropriate, extended
learning time for students such as before
school, after school, during the summer, and
extension of the school year.
``(iv) identify how the local educational
agency will provide written notification to
parents in a format, and to the extent
practicable in a language, that they can
understand, pursuant to paragraph (6); and
``(v) specify the responsibilities of the
State educational agency and the local
educational agency under the plan.
``(B) Implementation.--The local educational agency
shall implement its plan or revised plan expeditiously,
but not later than the beginning of the school year
after which the school has been identified for
improvement.
``(8) State responsibility.--
``(A) In general.--For each local educational agency
identified under paragraph (2), the State shall provide
technical or other assistance, if requested, as
authorized under section 1117, to better enable the
local educational agency--
``(i) to develop and implement its revised
plan as approved by the State educational
agency consistent with the requirements of this
section; and
``(ii) to work with schools needing
improvement.
``(B) Technical assistance.--Technical assistance
provided under this section by the State educational
agency or an entity authorized by such agency shall be
based upon scientifically based research.
``(9) Corrective action.--In order to help students served
under this part meet challenging State academic standards, each
State shall implement a system of corrective action in
accordance with the following:
``(A) In general.--After providing technical
assistance under paragraph (8) and subject to
subparagraph (D), the State--
``(i) may take corrective action at any time
with respect to a local educational agency that
has been identified under paragraph (2);
``(ii) shall take corrective action with
respect to any local educational agency that
fails to make adequate yearly progress, as
defined by the State, after the end of the
second year following its identification under
paragraph (2); and
``(iii) shall continue to provide technical
assistance while instituting any corrective
action under clause (i) or (ii).
``(B) Definition.--As used in this paragraph, the
term `corrective action' means action, consistent with
State law, that--
``(i) substantially and directly responds to
the consistent academic failure that caused the
State to take such action and to any underlying
staffing, curricular, or other problems in the
school; and
``(ii) is designed to meet the goal of having
all students served under this part perform at
the proficient and advanced performance levels.
``(C) Certain local educational agencies.--In the
case of a local educational agency described in this
paragraph, the State educational agency shall take not
less than 1 of the following corrective actions:
``(i) Withhold funds from the local
educational agency.
``(ii) Replace the school district personnel
who are relevant to the failure to make
adequate year progress.
``(iii) Remove particular schools from the
jurisdiction of the local educational agency
and establish alternative arrangements for
public governance and supervision of such
schools.
``(iv) Appoint, through the State educational
agency, a receiver or trustee to administer the
affairs of the local educational agency in
place of the superintendent and school board.
``(v) Abolish or restructure the local
educational agency.
``(vi) Authorize students to transfer from a
school operated by a local educational agency
to a higher performing public school operated
by another local educational agency, or to a
public charter school and provide such students
transportation (or the costs of transportation
to such schools), in conjunction with not less
than 1 additional action described under this
paragraph.
``(D) Hearing.--Prior to implementing any corrective
action, the State educational agency shall provide due
process and a hearing to the affected local educational
agency, if State law provides for such process and
hearing.
``(E) Publication.--The State educational agency
shall publish, and disseminate to parents and the
public any corrective action it takes under this
paragraph through such means as the Internet, the
media, and public agencies.
``(F) Delay.--A local educational agency may delay,
for a period not to exceed 1 year, implementation of
corrective action if the failure to make adequate
yearly progress was justified due to exceptional or
uncontrollable circumstances such as a natural disaster
or a precipitous and unforeseen decline in the
financial resources of the local educational agency or
school.
``(10) Special rule.--A local educational agency, that, for
at least 2 of the 3 years following identification under
paragraph (2), makes adequate yearly progress shall no longer
be identified for improvement.
``(d) Parental Options.--
``(1) In any case described in subsection (b)(7)(A)(ii)(II),
the local educational agency shall permit the parents of each
eligible child to obtain supplemental educational services for
such child from a provider, as approved by the State
educational agency in accordance with reasonable criteria that
it shall adopt. Such criteria shall require a provider to
demonstrate a record of effectiveness, or the potential of
effectiveness, in providing supplemental instructional services
to children, consistent with the instructional program of the
local educational agency and the academic standards described
under section 1111.
``(2) Selection.--In obtaining services under this paragraph,
a parent shall select a provider that meets the criteria
described under paragraph (1). The local educational agency
shall provide assistance, upon request, to parents in the
selection of a provider to provide supplemental instructional
services.
``(3) Contract.--In the case of the selection of a provider
under paragraph (2) by a parent, the local educational agency
shall enter into a contract with such provider. Such contract
shall--
``(A) require the local educational agency to
develop, with parents (and the provider they have
chosen), a statement of specific performance goals for
the student, how the student's progress will be
measured, and a timetable for improving achievement;
``(B) provide for the termination of such contract
with a provider that is unable to meet such goals and
timetables; and
``(C) contain provisions with respect to the making
of payments to the provider by the local educational
agency.
``(4) Additional local educational agency responsibilities.--
Each local educational agency subject to this paragraph shall
provide annual notice to parents (if feasible, in the parents'
language) of the availability of services under this paragraph
and the eligible providers of those services.
``(5) State educational agency responsibilities.--Each State
educational agency shall--
``(A) consult with local educational agencies and
promote maximum participation by providers to ensure,
to the extent practicable, that parents have as many
choices of those providers as possible;
``(B) develop criteria consistent with paragraph (6)
and apply such criteria to potential providers to
determine which, based on the quality and effectiveness
of their services, are eligible to participate;
``(C) maintain an updated list of approved providers
across the State, from which parents may select;
``(D) develop and implement standards and techniques
for monitoring the quality and effectiveness of the
services offered by providers, and withdraw approval
from those that fail to meet those standards for two
consecutive years;
``(E) provide annual notice to potential providers of
supplemental services of the opportunity to provide
services under this paragraph and of the applicable
procedures for obtaining approval from the State
educational agency to be a provider of those services.
``(6) Criteria for providers.--In order for a provider to be
included on the State list under paragraph (5)(c), a provider
shall agree to the following:
``(A) Provide parents of children receiving
supplemental instructional services under this
paragraph and the appropriate local educational agency
with information on the progress of their children in
increasing achievement, in a format and, to the extent
practicable, a language such parents can understand.
``(B) Ensure that instruction and content used by the
provider is consistent with the instruction and content
used by the local educational agency and State.
``(C) Require a provider to meet all applicable
Federal, State, and local health, safety and civil
rights laws.
``(D) Ensure that all instruction and content under
this paragraph shall be secular, neutral, and
nonideological.
``(7) Costs.--
``(A) The costs of administration of this paragraph
and the costs of providing such supplemental
instructional services shall be limited to the total of
40 percent of the per child allocation under subpart 2
of each school identified under subsection
(b)(7)(A)(ii)(II);
``(B) Additional funds.--If the allocation under
subparagraph (A) is insufficient to provide services
for all eligible students that have selected a
provider, a local educational agency may use funds
under subpart 1 of part A of title IV to pay for
additional costs;
``(C) Transportation costs.--A local educational
agency may use up to 15 percent of its allocation under
subpart 2 for transportation costs.
``(8) Funds provided by state educational agency.--Each State
educational agency may use funds that it reserves under this
part, and subpart 1 of part A of title IV to provide local
educational agencies that do not have sufficient funds to
provide services under this paragraph for all eligible students
requesting such services.
``(9) Duration.--The local educational agency shall continue
to provide supplemental instructional services to enrolled
children receiving such services under this paragraph until the
child completes the grade corresponding to the highest grade
offered at the public school which was identified for
restructuring under subsection (b)(7), or until such school, so
long as the child attends such school, is not identified under
subsection (b)(1), (b)(6), or (b)(7), whichever comes earlier.
``(10) Definitions.--As used in this subsection, the term--
``(A) `eligible child' means a child from a low-
income family, as determined by the local educational
agency for purposes of allocating funds to schools
under section 1113(c)(1);
``(B) `supplemental instructional services' means
tutoring and other supplemental academic enrichment
services that are in addition to instruction provided
during the school day and are specifically designed to
increase the academic achievement of eligible children
on the academic assessments required under section
1111; and
``(C) `provider' means a non-profit or a for-profit
entity which has a demonstrated record of effectiveness
or the potential of effectiveness--
``(i) in providing supplemental instructional
services that are consistent with the
instructional program of the local educational
agency and the academic standards described
under section 1111; and
``(ii) in sound fiscal management;
``(D) `per child allocation' means an amount that is
equal to at least--
``(i) the amount of the school's allocation
under subpart 2; divided by
``(ii) the number of children from low-income
families enrolled in the school.
``(11) Prohibition.--Nothing contained in this paragraph
shall permit the making of any payment under this paragraph for
religious worship or instruction.''.
SEC. 107. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
Section 1117 is amended to read as follows:
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
``(a) System for Support.--Each State shall establish a statewide
system of intensive and sustained support and improvement for local
educational agencies and schools receiving funds under this part, in
order to increase the opportunity for all students in those agencies
and schools to meet the State's academic content standards and student
academic achievement standards.
``(b) Priorities.--In carrying out this section, a State shall--
``(1) first, provide support and assistance to local
educational agencies subject to corrective action under section
1116 and assist schools, in accordance with section
1116(b)(10), for which a local educational agency has failed to
carry out its responsibilities under paragraphs (6) and (7) of
section 1116(b);
``(2) second, provide support and assistance to other local
educational agencies identified as in need of improvement under
section 1116(b); and
``(3) third, provide support and assistance to other local
educational agencies and schools participating under this part
that need that support and assistance in order to achieve the
purpose of this part.
``(c) Approaches.--In order to achieve the purpose described in
subsection (a), each such system shall provide technical assistance and
support through such approaches as--
``(1) school support teams, composed of individuals who are
knowledgeable about scientifically based research and practice
on teaching and learning, particularly about strategies for
improving educational results for low-achieving children; and
``(2) the designation and use of ``Distinguished Educators'',
chosen from schools served under this part that have been
especially successful in improving academic achievement.
``(d) Funds.--Each State--
``(1) shall use funds reserved under section 1003(a); and
``(2) may use State administrative funds authorized under
section 1002(i) for such purpose to establish a Statewide
system of support.
``(e) Alternatives.--The State may devise additional approaches to
providing the assistance described in paragraphs (1) and (2) of
subsection (c), such as providing assistance through institutions of
higher education and educational service agencies or other local
consortia, and private providers of scientifically based technical
assistance and the State may seek approval from the Secretary to use
funds made available under section 1002(j) for such approaches as part
of the State plan.''.
SEC. 108. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
Sections 1118 through 1127 are amended to read as follows:
``SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
``(a) Establishment of Academic Achievement Awards Program.--
``(1) In general.--Each State receiving a grant under this
part may establish a program for making academic achievement
awards to recognize and financially reward schools served under
this part that have--
``(A) significantly closed the achievement gap
between the groups of students defined in section
1111(b)(2); or
``(B) exceeded their adequate yearly progress goals,
consistent with section 1111(b)(2), for 2 or more
consecutive years.
``(2) Awards to teachers.--A State program under paragraph
(1) may also recognize and provide financial awards to teachers
teaching in a school described in such paragraph whose students
consistently make significant gains in academic achievement in
the areas in which the teacher provides instruction.
``(b) Funding.--
``(1) Reservation of funds by state.--For the purpose of
carrying out this section, each State receiving a grant under
this part may reserve, from the amount (if any) by which the
funds received by the State under this part for a fiscal year
exceed the amount received by the State under this part for the
preceding fiscal year, not more than 30 percent of such excess
amount.
``(2) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under paragraph (1) by a
State for each fiscal year shall remain available to the State
until expended for a period not exceeding 3 years.
``(3) Special allocation rule for schools in high-poverty
areas.--
``(A) In general.--Each State receiving a grant under
this part shall distribute at least 75 percent of the
amount reserved under paragraph (1) for each fiscal
year to schools described in subparagraph (B), or to
teachers teaching in such schools.
``(B) School described.--A school described in
subparagraph (A) is a school whose student population
is in the highest quartile of schools statewide in
terms of the percentage of children from low income
families.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) Local Educational Agency Policy.--
``(1) In general.--A local educational agency may receive
funds under this part only if such agency implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this part consistent with the
provisions of this section. Such activities shall be planned
and implemented with meaningful consultation with parents of
participating children.
``(2) Written policy.--Each local educational agency that
receives funds under this part shall develop jointly with,
agree upon with, and distribute to, parents of participating
children a written parent involvement policy that is
incorporated into the local educational agency's plan developed
under section 1112, establishes the expectations for parent
involvement, and describes how the local educational agency
will--
``(A) involve parents in the joint development of the
plan under section 1112, and the process of school
review and improvement under section 1116;
``(B) provide the coordination, technical assistance,
and other support necessary to assist participating
schools in planning and implementing effective parent
involvement;
``(C) build the schools' and parents' capacity for
strong parent involvement as described in subsection
(e);
``(D) coordinate and integrate parental involvement
strategies under this part with parental involvement
strategies under other programs, such as Head Start,
Early Reading First, Reading First, Even Start, the
Parents as Teachers Program, the Home Instruction
Program for Preschool Youngsters, and State-run
preschool programs;
``(E) conduct, with the involvement of parents, an
annual evaluation of the content and effectiveness of
the parental involvement policy in improving the
academic quality of the schools served under this part;
and
``(F) involve parents in the activities of the
schools served under this part.
``(3) Reservation.--
``(A) In general.--Each local educational agency
shall reserve not less than 1 percent of such agency's
allocation under this part to carry out this section,
including family literacy and parenting skills, except
that this paragraph shall not apply if 1 percent of
such agency's allocation under this part (other than
funds allocated under section 1002(g) for the fiscal
year for which the determination is made is $5,000 or
less.
``(B) Parental input.--Parents of children receiving
services under this part shall be involved in the
decisions regarding how funds reserved under
subparagraph (A) are allotted for parental involvement
activities.
``(C) Distribution of funds.--Not less than 95
percent of the funds reserved under subparagraph (A)
shall be distributed to schools served under this part.
``(b) School Parental Involvement Policy.--
``(1) In general.--Each school served under this part shall
jointly develop with, and distribute to, parents of
participating children a written parental involvement policy,
agreed upon by such parents, that shall describe the means for
carrying out the requirements of subsections (c) through (f).
Parents shall be notified of the policy in a format, and to the
extent practicable in a language they can understand. Such
policy shall be updated periodically to meet the changing needs
of parents and the school.
``(2) Special rule.--If the school has a parental involvement
policy that applies to all parents, such school may amend that
policy, if necessary, to meet the requirements of this
subsection.
``(3) Amendment.--If the local educational agency has a
school district-level parental involvement policy that applies
to all parents, such agency may amend that policy, if
necessary, to meet the requirements of this subsection.
``(4) Parental comments.--If the plan under section 1112 is
not satisfactory to the parents of participating children, the
local educational agency shall submit any parent comments with
such plan when such local educational agency submits the plan
to the State.
``(c) Policy Involvement.--Each school served under this part shall--
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school's
participation under this part and to explain this part, its
requirements, and their right to be involved;
``(2) offer a flexible number of meetings, such as meetings
in the morning or evening, and may provide, with funds provided
under this part, transportation, child care, or home visits, as
such services relate to parental involvement;
``(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs under
this part, including the school parental involvement policy and
the joint development of the schoolwide program plan under
section 1114(c)(2) and (c)(3), except that if a school has in
place a process for involving parents in the joint planning and
design of its programs, the school may use that process, if
such process includes an adequate representation of parents of
participating children;
``(4) provide parents of participating children--
``(A) timely information about programs under this
part;
``(B) a description and explanation of the curriculum
in use at the school, the forms of academic assessment
used to measure student progress, and the proficiency
levels students are expected to meet; and
``(5) if the schoolwide program plan under section 1114(c)(2)
and (c)(3) is not satisfactory to the parents of participating
children, submit any parent comments on the plan when the
school makes the plan available to the local educational
agency.
``(d) Shared Responsibilities for High Student Performance.--As a
component of the school-level parental involvement policy developed
under subsection (b), each school served under this part shall agree
with parents of children served under this part regarding how parents,
the entire school staff, and students will share the responsibility for
improved student achievement and the means by which the school and
parents will build and develop a partnership to help children achieve
the State's high academic standards.
``(e) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the school,
parents, and the community to improve student achievement, each school
and local educational agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the State's academic content
standards and State student academic achievement standards,
State and local academic assessments, the requirements of this
part, and how to monitor a child's progress and work with
educators to improve the performance of their children;
``(2) shall provide materials and training to help parents to
work with their children to improve their children's
achievement;
``(3) shall educate teachers, pupil services personnel,
principals and other staff, with the assistance of parents, in
the value and utility of contributions of parents, and in how
to reach out to, communicate with, and work with parents as
equal partners, implement and coordinate parent programs, and
build ties between parents and the school;
``(4) shall coordinate and integrate parent involvement
programs and activities with Head Start, Reading First, Early
Reading First, Even Start, the Home Instruction Programs for
Preschool Youngsters, the Parents as Teachers Program, and
public preschool programs and other programs, to the extent
feasible and appropriate;
``(5) shall ensure, to the extent possible, that information
related to school and parent programs, meetings, and other
activities is sent to the parents of participating children in
the language used by such parents;
``(6) may involve parents in the development of training for
teachers, principals, and other educators to improve the
effectiveness of such training in improving instruction and
services to the children of such parents in a format, and to
the extent practicable, in a language the parent can
understand;
``(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding for
such activities;
``(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs, to enable parents to
participate in school-related meetings and training sessions;
``(9) may train parents to enhance the involvement of other
parents;
``(10) may arrange for teachers or other educators, who work
directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school;
``(11) may adopt and implement model approaches to improving
parental involvement;
``(12) may establish a districtwide parent advisory council
to provide advice on all matters related to parental
involvement in programs supported under this part;
``(13) may develop appropriate roles for community-based
organizations and businesses in parent involvement activities;
and
``(14) may arrange for teachers or other educators, who work
directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school.
``(f) Accessibility.--In carrying out the parental involvement
requirements of this part, local educational agencies and schools, to
the extent practicable, shall provide full opportunities for the
participation of parents with limited English proficiency or with
disabilities and parents of migratory children, including providing
information and school reports required under section 1111 in a format,
and to the extent practicable, in a language such parents understand.
``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
``(a) Teachers.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that all teachers hired
on or after the effective date of the No Child Left Behind Act
of 2001 and teaching in a program supported with funds under
this part are fully qualified.
``(2) Plan.--Each State receiving assistance under this part
shall develop and submit to the Secretary a plan to ensure that
all teachers teaching within the State are fully qualified not
later than December 31, 2005. Such plan shall include an
assurance that the State will require each local educational
agency and school receiving funds under this part publicly to
report their annual progress on the agency's and the school's
performance in increasing the percentage of classes in core
academic areas taught by fully qualified teachers.
``(b) New Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that all
paraprofessionals hired 1 year or more after the effective date
of the No Child Left Behind Act of 2001 and working in a
program supported with funds under this part shall--
``(A) have completed at least 2 years of study at an
institution of higher education;
``(B) have obtained an associate's (or higher)
degree; or
``(C) have met a rigorous standard of quality that
demonstrates, through a formal academic assessment--
``(i) knowledge of, and the ability to assist
in instructing reading, writing, and math; or
``(ii) knowledge of, and the ability to
assist in instructing reading readiness,
writing readiness, and math readiness, as
appropriate.
``(2) Clarification.--For purposes of paragraph (1)(C), the
receipt of a high school diploma (or its recognized equivalent)
shall be necessary but not by itself sufficient to satisfy the
requirements of such paragraph.
``(c) Existing Paraprofessionals.--Each local educational agency
receiving assistance under this part shall ensure that all
paraprofessionals hired before the date that is 1 year after the
effective date of the No Child Left Behind Act of 2001 and working in a
program supported with funds under this part shall, not later than 3
years after such effective date, satisfy the requirements of subsection
(b).
``(d) Exceptions for Translation and Parental Involvement
Activities.--Subsections (b) and (c) shall not apply to a
paraprofessional--
``(1) who is proficient in English and a language other than
English and who provides services primarily to enhance the
participation of children in programs under this part by acting
as a translator; or
``(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118.
``(e) General Requirement for All Paraprofessionals.--Each local
educational agency receiving assistance under this part shall ensure
that all paraprofessionals working in a program supported with funds
under this part, regardless of the paraprofessional's hiring date,
possess a high school diploma or its recognized equivalent.
``(f) Duties of Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that a paraprofessional
working in a program supported with funds under this part is
not assigned a duty inconsistent with this subsection.
``(2) Responsibilities paraprofessionals may be assigned.--A
paraprofessional described in paragraph (1) may only be
assigned--
``(A) to provide one-on-one tutoring for eligible
students, if the tutoring is scheduled at a time when a
student would not otherwise receive instruction from a
teacher;
``(B) to assist with classroom management, such as
organizing instructional and other materials;
``(C) to provide assistance in a computer laboratory;
``(D) to conduct parental involvement activities;
``(E) to provide support in a library or media
center;
``(F) to act as a translator; or
``(G) to provide instructional services to students.
``(3) Additional limitations.--A paraprofessional described
in paragraph (1)--
``(A) may not provide any instructional service to a
student unless the paraprofessional is working under
the direct supervision of a fully qualified teacher;
and
``(B) may not provide instructional services to
students in the area of reading, writing, or math
unless the paraprofessional has demonstrated, through a
State or local academic assessment, the ability to
effectively carry out reading, writing, or math
instruction.
``(g) Use of Funds.--
``(1) Professional development.--A local educational agency
receiving funds under this part may use such funds to support
ongoing training and professional development to assist
teachers and paraprofessionals in satisfying the requirements
of this section.
``(2) Limitation on use of funds for paraprofessionals.--
``(A) In general.--Beginning on and after the
effective date of the No Child Left Behind Act of 2001,
a local educational agency may not use funds received
under this part to fund any paraprofessional hired
after such date unless the hiring is to fill a vacancy
created by the departure of another paraprofessional
funded under this part and such new paraprofessional
satisfies the requirements of subsection (b), except as
provided in subsection (d).
``(B) Exception.--Subparagraph (A) shall not apply
for a fiscal year to a local educational agency that
can demonstrate to the State that all teachers under
the jurisdiction of the agency are fully qualified.
``(h) Verification of Compliance.--
``(1) In general.--In verifying compliance with this section,
each local educational agency at a minimum shall require that
the principal of each school operating a program under section
1114 or 1115 annually attest in writing as to whether such
school is in compliance with the requirements of this section.
``(2) Availability of information.--Copies of attestations
under paragraph (1)--
``(A) shall be maintained at each school operating a
program under section 1114 or 1115 and at the main
office of the local educational agency; and
``(B) shall be available to any member of the general
public upon request.
``SEC. 1119A. PROFESSIONAL DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to assist each local
educational agency receiving assistance under this part in increasing
the academic achievement of children served under this part through
improved teacher quality.
``(b) Professional Development Activities.--Professional development
activities under this section shall--
``(1) give teachers, principals, and administrators the
knowledge and skills to provide students with the opportunity
to meet challenging State or local academic content standards
and student academic achievement standards;
``(2) support the recruiting, hiring, and training of fully
qualified teachers, including teachers fully qualified through
State and local alternative routes;
``(3) advance teacher understanding of effective
instructional strategies based on scientifically based research
for improving student achievement, at a minimum, in reading or
language arts and mathematics;
``(4) be directly related to the curriculum and content areas
in which the teacher provides instruction, except this
requirement does not apply to activities that instruct in
methods of improving student behavior;
``(5) be designed to enhance the ability of a teacher to
understand and use the State's academic standards for the
subject area in which the teacher provides instruction;
``(6) be tied to scientifically based research demonstrating
the effectiveness of such professional development activities
or programs in increasing student achievement or substantially
increasing the knowledge and teaching skills of teachers;
``(7) be of sufficient intensity and duration (not to include
1-day or short-term workshops and conferences) to have a
positive and lasting impact on the teacher's performance in the
classroom;
``(8) be developed with extensive participation of teachers,
principals, parents, and administrators of schools to be served
under this part;
``(9) be designed to give teachers of limited English
proficient children, other teachers, and instructional staff
the knowledge and skills to provide instruction and appropriate
language and academic support services to such children,
including the appropriate use of curriculum and academic
assessments;
``(10) to the extent appropriate, provide training for
teachers in the use of technology so that technology and its
applications are effectively used in the classroom to improve
teaching and learning in the curriculum and academic content
areas in which the teachers provide instruction; and
``(11) as a whole, be regularly evaluated for their impact on
increased teacher effectiveness and improved student
achievement, with the findings of such evaluations used to
improve the quality of professional development.
``(c) Additional Professional Development Activities.--Such
professional development activities may include--
``(1) instruction in the use of data and academic assessments
to inform and instruct classroom practice;
``(2) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work more
effectively with parents;
``(3) the forming of partnerships with institutions of higher
education to establish school-based teacher training programs
that provide prospective teachers and novice teachers with an
opportunity to work under the guidance of experienced teachers
and college faculty;
``(4) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for such paraprofessionals to
become licensed and certified teachers; and
``(5) instruction in ways to teach special needs children.
``(d) Program Participation.--Each local educational agency receiving
assistance under this part may design professional development programs
so that--
``(1) all school staff in schools participating in a
schoolwide program under section 1114 can participate in
professional development activities; and
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(e) Parental Participation.--Parents may participate in
professional development activities under this part if the school
determines that parental participation is appropriate.
``(f) Consortia.--In carrying out such professional development
programs, local educational agencies may provide services through
consortia arrangements with other local educational agencies,
educational service agencies or other local consortia, institutions of
higher education, or other public or private institutions or
organizations.
``(g) Consolidation of Funds.--Funds provided under this part that
are used for professional development purposes may be consolidated with
funds provided under title II of this Act and other sources.
``(h) Special Rule.--No State educational agency shall require a
school or a local educational agency to expend a specific amount of
funds for professional development activities under this part, except
that this paragraph shall not apply with respect to requirements under
section 1116(b)(3)(A)(iii).
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in a
local educational agency who are enrolled in private elementary
and secondary schools, a local educational agency shall, after
timely and meaningful consultation with appropriate private
school officials, provide such children, on an equitable basis,
special educational services or other benefits under this part
(such as dual enrollment, educational radio and television,
computer equipment and materials, other technology, and mobile
educational services and equipment) that address their needs,
and shall ensure that teachers and families of these students
participate, on an equitable basis, in services and activities
developed pursuant to sections 1118 and 1119A.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and equipment,
shall be secular, neutral, and nonideological.
``(3) Equity.--Educational services and other benefits for
such private school children shall be equitable in comparison
to services and other benefits for public school children
participating under this part, and shall be provided in a
timely manner.
``(4) Expenditures.--Expenditures for educational services
and other benefits to eligible private school children shall be
equal to the proportion of funds allocated to participating
school attendance areas based on the number of children from
low-income families who attend private schools, which the local
educational agency may determine each year or every 2 years.
``(5) Provision of services.--The local educational agency
shall provide services under this section directly or through
contracts with public and private agencies, organizations, and
institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials during the design and
development of such agency's programs under this part, on
issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically assessed
and how the results of that assessment will be used to
improve those services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
and the amount of funds generated by low-income private
school children in each participating attendance area;
``(F) the method or sources of data that are used
under subsection (a)(4) and section 1113(c)(2) to
determine the number of children from low-income
families in participating school attendance areas who
attend private schools; and
``(G) how and when the agency will make decisions
about the delivery of services to such children,
including a thorough consideration and analysis of the
views of the private school officials on the provision
of contract services through potential third party
providers.
If the local educational agency disagrees with the views of the
private school officials on the provision of services, through
a contract, the local educational agency shall provide in
writing to such private school officials, an analysis of the
reasons why the local educational agency has chosen not to use
a contractor.
``(2) Timing.--Such consultation shall include meetings of
agency and private school officials and shall occur before the
local educational agency makes any decision that affects the
opportunities of eligible private school children to
participate in programs under this part. Such meetings shall
continue throughout implementation and assessment of services
provided under this section.
``(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(4) Documentation.--Each local educational agency shall
maintain in its records and provide to the State educational
agency a written affirmation signed by officials of each
participating private school that the consultation required by
this section has occurred.
``(5) Compliance.--Private school officials shall have the
right to appeal to the State as to whether the consultation
provided for in this section was meaningful and timely, and
that due consideration was given to the views of private school
officials. If the private school wishes to appeal, the basis of
the claim of noncompliance with this section by a local
educational agency shall be provided to the State, and the
local educational agency shall forward the documentation
provided in subsection (b)(4) to the State.
``(c) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
part, and title to materials, equipment, and property purchased
with such funds, shall be in a public agency, and a public
agency shall administer such funds and property.
``(2) Provision of services.--(A) The provision of services
under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(d) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation on an equitable
basis of eligible children enrolled in private elementary and secondary
schools or if the Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section and sections 8505 and 8506; and
``(3) in making the determination, consider 1 or more
factors, including the quality, size, scope, and location of
the program and the opportunity of eligible children to
participate.
``(e) Capital Expenses.--
``(1) In general.--(A) From the amount appropriated for this
subsection under section 1002(g) for any fiscal year, each
State is eligible to receive an amount that bears the same
ratio to the amount so appropriated as the number of private
school children who received services under this part in the
State in the most recent year for which data satisfactory to
the Secretary are available bears to the number of such
children in all States in that same year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2) Capital expenses.--(A) A local educational agency may
apply to the State educational agency for payments for capital
expenses consistent with this subsection.
``(B) State educational agencies shall distribute such funds
under this subsection to local educational agencies based on
the degree of need set forth in their respective applications
for assistance under this subsection.
``(3) Uses of funds.--Any funds appropriated to carry out
this subsection shall be used only for capital expenses
incurred to provide equitable services for private school
children under this section.
``SEC. 1120A. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency may receive
funds under this part for any fiscal year only if the State educational
agency finds that the local educational agency has maintained its
fiscal effort in accordance with section 8501 of this Act.
``(b) Federal Funds To Supplement, Not Supplant, Non-Federal Funds.--
``(1) In general.--A State or local educational agency shall
use funds received under this part only to supplement the
amount of funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for the
education of pupils participating in programs assisted under
this part, and not to supplant such funds.
``(2) Special rule.--No local educational agency shall be
required to provide services under this part through a
particular instructional method or in a particular
instructional setting in order to demonstrate such agency's
compliance with paragraph (1).
``(c) Comparability of Services.--
``(1) In general.--(A) Except as provided in paragraphs (4)
and (5), a local educational agency may receive funds under
this part only if State and local funds will be used in schools
served under this part to provide services that, taken as a
whole, are at least comparable to services in schools that are
not receiving funds under this part.
``(B) If the local educational agency is serving all of such
agency's schools under this part, such agency may receive funds
under this part only if such agency will use State and local
funds to provide services that, taken as a whole, are
substantially comparable in each school.
``(C) A local educational agency may meet the requirements of
subparagraphs (A) and (B) on a grade-span by grade-span basis
or a school-by-school basis.
``(2) Written assurance.--(A) A local educational agency
shall be considered to have met the requirements of paragraph
(1) if such agency has filed with the State educational agency
a written assurance that such agency has established and
implemented--
``(i) a local educational agency-wide salary
schedule;
``(ii) a policy to ensure equivalence among schools
in teachers, administrators, and other staff; and
``(iii) a policy to ensure equivalence among schools
in the provision of curriculum materials and
instructional supplies.
``(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and local
funds, or instructional salaries per pupil from State and local
funds, staff salary differentials for years of employment shall
not be included in such determinations.
``(C) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year in
determining comparability of services under this subsection.
``(3) Procedures and records.--Each local educational agency
assisted under this part shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting such agency's compliance with this
subsection.
``(4) Inapplicability.--This subsection shall not apply to a
local educational agency that does not have more than 1
building for each grade span.
``(5) Compliance.--For the purpose of determining compliance
with paragraph (1), a local educational agency may exclude
State and local funds expended for--
``(A) English language instruction for children of
limited English proficiency; and
``(B) excess costs of providing services to children
with disabilities as determined by the local
educational agency.
``(d) Exclusion of Funds.--For the purpose of complying with
subsections (b) and (c), a State or local educational agency
may exclude supplemental State or local funds expended in any
school attendance area or school for programs that meet the
intent and purposes of this part.
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving assistance
under this part shall carry out the activities described in subsection
(b) with Head Start Agencies, and if feasible, other early childhood
development programs such as Early Reading First.
``(b) Activities.--The activities referred to in subsection (a) are
activities that increase coordination between the local educational
agency and a Head Start agency, and, if feasible, other early childhood
development programs, such as Early Reading First serving children who
will attend the schools of such agency, including--
``(1) developing and implementing a systematic procedure for
receiving records regarding such children transferred with
parental consent from a Head Start program or, where
applicable, other early childhood development programs such as
Early Reading First;
``(2) establishing channels of communication between school
staff and their counterparts in such Head Start agencies
(including teachers, social workers, and health staff) or other
early childhood development programs such as Early Reading
First, as appropriate, to facilitate coordination of programs;
``(3) conducting meetings involving parents, kindergarten or
elementary school teachers, and Head Start teachers or, if
appropriate, teachers from other early childhood development
programs such as Early Reading First, to discuss the
developmental and other needs of individual children;
``(4) organizing and participating in joint transition
related training of school staff, Head Start staff, Early
Reading First staff and, where appropriate, other early
childhood staff; and
``(5) linking the educational services provided in such local
educational agency with the services provided in local Head
Start agencies and Early Reading First programs.
``(c) Coordination of Regulations.--The Secretary shall work with the
Secretary of Health and Human Services to coordinate regulations
promulgated under this part with regulations promulgated under the Head
Start Act.
``Subpart 2--Allocations
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a), the
Secretary shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas in the amount determined in
accordance with subsection (b); and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (d).
``(b) Assistance to Outlying Areas.--
``(1) Funds reserved.--From the amount made available for any
fiscal year under subsection (a), the Secretary shall award
grants to the outlying areas.
``(2) Competitive grants.--For each of fiscal years 2002 and
2003, the Secretary shall carry out the competition described
in paragraph (3), except that the amount reserved to carry out
such competition shall not exceed the amount reserved under
this section for the freely associated states for fiscal year
1999.
``(3) Limitation for competitive grants.--
``(A) Competitive grants.--The Secretary shall use
funds described in paragraph (2) to award grants, on a
competitive basis, to the outlying areas and freely
associated States to carry out the purposes of this
part.
``(B) Award basis.--The Secretary shall award grants
under subparagraph (A) on a competitive basis, pursuant
to the recommendations of the Pacific Region
Educational Laboratory in Honolulu, Hawaii.
``(C) Administrative costs.--The Secretary may
provide not more than 5 percent of the amount reserved
for grants under this paragraph to pay the
administrative costs of the Pacific Region Educational
Laboratory under subparagraph (B).
``(4) Special rule.--The provisions of Public Law 95-134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to the freely associated
States under this section.
``(c) Definitions.--For the purposes of subsections (a) and (b)--
``(1) the term `freely associated States' means the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau; and
``(2) the term `outlying area' means the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(d) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for any
fiscal year shall be, as determined pursuant to criteria
established by the Secretary, the amount necessary to meet the
special educational needs of--
``(A) Indian children on reservations served by
elementary and secondary schools for Indian children
operated or supported by the Department of the
Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under
special contracts with the Department of the Interior.
``(2) Payments.--From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary
determines will best carry out the purposes of this part, with
respect to out-of-State Indian children described in paragraph
(1). The amount of such payment may not exceed, for each such
child, the greater of--
``(A) 40 percent of the average per-pupil expenditure
in the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United
States.
``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND
TARGETED GRANTS.
``(a) Allocation Formula.--Of the amount appropriated to carry out
this part for each of fiscal years 2002 through 2006 (referred to in
this subsection as the current fiscal year)--
``(1) an amount equal to the amount appropriated to carry out
section 1124 for fiscal year 2001 shall be allocated in
accordance with section 1124;
``(2) an amount equal to the amount appropriated to carry out
section 1124A for fiscal year 2001 shall be allocated in
accordance with section 1124A; and
``(3) an amount equal to 100 percent of the amount, if any,
by which the amount appropriated under section 1002(a) for the
current fiscal year exceeds the amount appropriated under such
section for fiscal year 2001 shall be allocated in accordance
with section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this part for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in States are eligible to
receive under sections 1124, 1124A, and 1125 for such year, the
Secretary shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of
this section.
``(2) Additional funds.--If additional funds become available
for making payments under sections 1124, 1124A, and 1125 for
such fiscal year, allocations that were reduced under paragraph
(1) shall be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--
``(1) Amounts for sections 1124 and 1125.--For each fiscal
year, the amount made available to each local educational
agency under each of sections 1124 and 1125 shall be--
``(A) not less than 95 percent of the amount made
available in the preceding fiscal year if the number of
children counted for grants under section 1124 is not
less than 30 percent of the total number of children
aged 5 to 17 years, inclusive, in the local educational
agency;
``(B) not less than 90 percent of the amount made
available in the preceding fiscal year if the
percentage described in subparagraph (A) is between 15
percent and 30 percent; and
``(C) not less than 85 percent of the amount made
available in the preceding fiscal year if the
percentage described in subparagraph (A) is below 15
percent.
``(2) Amount for section 1124a.--The amount made available to
each local educational agency under section 1124A shall be not
less than 85 percent of the amount made available in the
preceding fiscal year.
``(3) Payments.--If sufficient funds are appropriated, the
amounts described in paragraph (2) shall be paid to all local
educational agencies that received grants under section 1124A
for the preceding fiscal year, regardless of whether the local
educational agency meets the minimum eligibility criteria for
that fiscal year provided in section 1124A(a)(1)(A) except that
a local educational agency that does not meet such minimum
eligibility criteria for 4 consecutive years shall no longer be
eligible to receive a hold harmless amount referred to in
paragraph (2).
``(4) Population data.--In any fiscal year for which the
Secretary calculates grants on the basis of population data for
counties, the Secretary shall apply the hold harmless
percentages in paragraphs (1) and (2) to counties, and if the
Secretary's allocation for a county is not sufficient to meet
the hold-harmless requirements of this subsection for every
local educational agency within that county, the State
educational agency shall reallocate funds proportionately from
all other local educational agencies in the State that are
receiving funds in excess of the hold harmless amounts
specified in this subsection.
``(d) Ratable Reductions.--
``(1) In general.--If the sums made available under this part
for any fiscal year are insufficient to pay the full amounts
that all States are eligible to receive under subsection (c)
for such year, the Secretary shall ratably reduce such amounts
for such year.
``(2) Additional funds.--If additional funds become available
for making payments under subsection (c) for such fiscal year,
amounts that were reduced under paragraph (1) shall be
increased on the same basis as such amounts were reduced.
``(e) Definition.--For the purpose of this section and sections 1124,
1124A, and 1125, the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (4) and in section 1126,
the grant that a local educational agency is eligible to
receive under this section for a fiscal year is the amount
determined by multiplying--
``(A) the number of children counted under subsection
(c); and
``(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this subparagraph shall not be less than 32 percent or
more than 48 percent, of the average per-pupil
expenditure in the United States.
``(2) Calculation of grants.--
``(A) Allocations to local educational agencies.--The
Secretary shall calculate grants under this section on
the basis of the number of children counted under
subsection (c) for local educational agencies, unless
the Secretary and the Secretary of Commerce determine
that some or all of those data are unreliable or that
their use would be otherwise inappropriate, in which
case--
``(i) the 2 Secretaries shall publicly
disclose the reasons for their determination in
detail; and
``(ii) paragraph (3) shall apply.
``(B) Allocations to large and small local
educational agencies.--(i) For any fiscal year in which
this paragraph applies, the Secretary shall calculate
grants under this section for each local educational
agency.
``(ii) The amount of a grant under this section for
each large local educational agency shall be the amount
determined under clause (i).
``(iii) For small local educational agencies, the
State educational agency may either--
``(I) distribute grants under this section in
amounts determined by the Secretary under
clause (i); or
``(II) use an alternative method approved by
the Secretary to distribute the portion of the
State's total grants under this section that is
based on those small agencies.
``(iv) An alternative method under clause (iii)(II)
shall be based on population data that the State
educational agency determines best reflect the current
distribution of children in poor families among the
State's small local educational agencies that meet the
eligibility criteria of subsection (b).
``(v) If a small local educational agency is
dissatisfied with the determination of its grant by the
State educational agency under clause (iii)(II), it may
appeal that determination to the Secretary, who shall
respond not later than 45 days after receipt of such
appeal.
``(vi) As used in this subparagraph--
``(I) the term `large local educational
agency' means a local educational agency
serving an area with a total population of
20,000 or more; and
``(II) the term `small local educational
agency' means a local educational agency
serving an area with a total population of less
than 20,000.
``(3) Allocations to counties.--
``(A) Calculation.--For any fiscal year to which this
paragraph applies, the Secretary shall calculate grants
under this section on the basis of the number of
children counted under section 1124(c) for counties,
and State educational agencies shall suballocate county
amounts to local educational agencies, in accordance
with regulations issued by the Secretary.
``(B) Direct allocations.--In any State in which a
large number of local educational agencies overlap
county boundaries, or for which the State believes it
has data that would better target funds than allocating
them by county, the State educational agency may apply
to the Secretary for authority to make the allocations
under this part for a particular fiscal year directly
to local educational agencies without regard to
counties.
``(C) Assurances.--If the Secretary approves the
State educational agency's application under
subparagraph (B), the State educational agency shall
provide the Secretary an assurance that such
allocations shall be made--
``(i) using precisely the same factors for
determining a grant as are used under this
part; or
``(ii) using data that the State educational
agency submits to the Secretary for approval
that more accurately target poverty.
``(D) Appeal.--The State educational agency shall
provide the Secretary an assurance that it shall
establish a procedure through which a local educational
agency that is dissatisfied with its determinations
under subparagraph (B) may appeal directly to the
Secretary for a final determination.
``(4) Puerto rico.--
``(A) In general.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible
to receive under this section shall be the amount
determined by multiplying the number of children
counted under subsection (c) for the Commonwealth of
Puerto Rico by the product of--
``(i) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
``(ii) 32 percent of the average per-pupil
expenditure in the United States.
``(B) Minimum percentage.--The percentage in
subparagraph (A)(i) shall not be less than--
``(i) for fiscal year 2002, 77.5 percent;
``(ii) for fiscal year 2003, 80.0 percent;
``(iii) for fiscal year 2004, 82.5 percent;
and
``(iv) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
``(C) Limitation.--If the application of subparagraph
(B) would result in any of the 50 States or the
District of Columbia receiving less under this part
than it received under this part for the preceding
fiscal year, the percentage in subparagraph (A) shall
be the greater of the percentage in subparagraph (A)(i)
or the percentage used for the preceding fiscal year.
``(5) Definition.--For purposes of this subsection, the term
`State' does not include Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands.
``(b) Minimum Number of Children To Qualify.--A local educational
agency is eligible for a basic grant under this section for any fiscal
year only if the number of children counted under subsection (c) for
that agency is both--
``(1) 10 or more; and
``(2) more than 2 percent of the total school-age population
in the agency's jurisdiction.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive,
in the school district of the local educational agency
from families below the poverty level as determined
under paragraph (2);
``(B) the number of children (determined under
paragraph (4) for either the preceding year as
described in that paragraph, or for the second
preceding year, as the Secretary finds appropriate)
aged 5 to 17, inclusive, in the school district of such
agency in institutions for neglected and delinquent
children (other than such institutions operated by the
United States), but not counted pursuant to subpart 1
of part D for the purposes of a grant to a State
agency, or being supported in foster homes with public
funds; and
``(C) the number of children aged 5 to 17, inclusive,
in the school district of such agency from families
above the poverty level as determined under paragraph
(4).
``(2) Determination of number of children.--For the purposes
of this section, the Secretary shall determine the number of
children aged 5 to 17, inclusive, from families below the
poverty level on the basis of the most recent satisfactory
data, described in paragraph (3), available from the Department
of Commerce. The District of Columbia and the Commonwealth of
Puerto Rico shall be treated as individual local educational
agencies. If a local educational agency contains 2 or more
counties in their entirety, then each county will be treated as
if such county were a separate local educational agency for
purposes of calculating grants under this part. The total of
grants for such counties shall be allocated to such a local
educational agency, which local educational agency shall
distribute to schools in each county within such agency a share
of the local educational agency's total grant that is no less
than the county's share of the population counts used to
calculate the local educational agency's grant.
``(3) Population updates.--In fiscal year 2001 and every 2
years thereafter, the Secretary shall use updated data on the
number of children, aged 5 to 17, inclusive, from families
below the poverty level for local educational agencies or
counties, published by the Department of Commerce, unless the
Secretary and the Secretary of Commerce determine that use of
the updated population data would be inappropriate or
unreliable. If the Secretary and the Secretary of Commerce
determine that some or all of the data referred to in this
paragraph are inappropriate or unreliable, they shall publicly
disclose their reasons. In determining the families which are
below the poverty level, the Secretary shall utilize the
criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census, in such form as
those criteria have been updated by increases in the Consumer
Price Index for all urban consumers, published by the Bureau of
Labor Statistics.
``(4) Other children to be counted.--For the purposes of this
section, the Secretary shall determine the number of children
aged 5 to 17, inclusive, from families above the poverty level
on the basis of the number of such children from families
receiving an annual income, in excess of the current criteria
of poverty, from payments under a State program funded under
part A of title IV of the Social Security Act; and in making
such determinations the Secretary shall utilize the criteria of
poverty used by the Bureau of the Census in compiling the most
recent decennial census for a family of 4 in such form as those
criteria have been updated by increases in the Consumer Price
Index for all urban consumers, published by the Bureau of Labor
Statistics. The Secretary shall determine the number of such
children and the number of children aged 5 through 17 living in
institutions for neglected or delinquent children, or being
supported in foster homes with public funds, on the basis of
the caseload data for the month of October of the preceding
fiscal year (using, in the case of children described in the
preceding sentence, the criteria of poverty and the form of
such criteria required by such sentence which were determined
for the calendar year preceding such month of October) or, to
the extent that such data are not available to the Secretary
before January of the calendar year in which the Secretary's
determination is made, then on the basis of the most recent
reliable data available to the Secretary at the time of such
determination. The Secretary of Health and Human Services shall
collect and transmit the information required by this
subparagraph to the Secretary not later than January 1 of each
year. For the purpose of this section, the Secretary shall
consider all children who are in correctional institutions to
be living in institutions for delinquent children.
``(5) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated estimate of
the number of children of such ages who are from families below
the poverty level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary is
authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a State
for the collection of additional census information.
``(d) State Minimum.--Notwithstanding section 1122, the aggregate
amount allotted for all local educational agencies within a State may
not be less than the lesser of--
``(1) 0.25 percent of total grants under this section; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available for such fiscal year under this section; and
``(B) the number of children in such State counted
under subsection (c) in the fiscal year multiplied by
150 percent of the national average per-pupil payment
made with funds available under this section for that
year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1) In general.--(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State other than
Guam, American Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, which is eligible for a grant
under section 1124 for any fiscal year is eligible for an
additional grant under this section for that fiscal year if the
number of children counted under section 1124(c) in the agency
exceeds either--
``(i) 6,500; or
``(ii) 15 percent of the total number of children
aged 5 through 17 in the agency.
``(B) Notwithstanding section 1122, no State described in
subparagraph (A) shall receive less than the lesser of--
``(i) 0.25 percent of total grants; or
``(ii) the average of--
``(I) one-quarter of 1 percent of the sums
available to carry out this section for such
fiscal year; and
``(II) the greater of--
``(aa) $340,000; or
``(bb) the number of children in such
State counted for purposes of this
section in that fiscal year multiplied
by 150 percent of the national average
per-pupil payment made with funds
available under this section for that
year.
``(2) Special rule.--For each county or local educational
agency eligible to receive an additional grant under this
section for any fiscal year the Secretary shall determine the
product of--
``(A) the number of children counted under section
1124(c) for that fiscal year; and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section
1124(a)(1) for the fiscal year for which the
determination is being made divided by the total number
of children counted under section 1124(c) for that
agency for that fiscal year.
``(3) Amount.--The amount of the additional grant for which
an eligible local educational agency or county is eligible
under this section for any fiscal year shall be an amount which
bears the same ratio to the amount available to carry out this
section for that fiscal year as the product determined under
paragraph (2) for such local educational agency for that fiscal
year bears to the sum of such products for all local
educational agencies in the United States for that fiscal year.
``(4) Local allocations.--(A) Grant amounts under this
section shall be determined in accordance with section
1124(a)(2) and (3).
``(B) For any fiscal year for which the Secretary allocates
funds under this section on the basis of counties, a State may
reserve not more than 2 percent of its allocation under this
section to make grants to local educational agencies that meet
the criteria of paragraph (1)(A)(i) or (ii) and are in
ineligible counties that do not meet these criteria.
``(b) States Receiving Minimum Grants.--In States that receive the
minimum grant under subsection (a)(1)(B), the State educational agency
shall allocate such funds among the local educational agencies in each
State either--
``(1) in accordance with paragraphs (2) and (4) of subsection
(a); or
``(2) based on their respective concentrations and numbers of
children counted under section 1124(c), except that only those
local educational agencies with concentrations or numbers of
children counted under section 1124(c) that exceed the
statewide average percentage of such children or the statewide
average number of such children shall receive any funds on the
basis of this paragraph.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local educational
agency in a State is eligible to receive a targeted grant under this
section for any fiscal year if the number of children in the local
educational agency counted under subsection 1124(c), before application
of the weighting factor described in subsection (c), is at least 10,
and if the number of children counted for grants under section 1124 is
at least 5 percent of the total population aged 5 to 17 years,
inclusive, in the local educational agency. For each fiscal year for
which the Secretary uses county population data to calculate grants,
funds made available as a result of applying this subsection shall be
reallocated by the State educational agency to other eligible local
educational agencies in the State in proportion to the distribution of
other funds under this section.
``(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--
``(1) In general.--The amount of the grant that a local
educational agency in a State or that the District of Columbia
is eligible to receive under this section for any fiscal year
shall be the product of--
``(A) the weighted child count determined under
subsection (c); and
``(B) the amount in paragraph 1124(a)(1)(B).
``(2) Puerto rico.--For each fiscal year, the amount of the
grant for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to the number of children
counted under subsection (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(4).
``(c) Weighted Child Count.--
``(1) Weights for allocations to counties.--
``(A) In general.--For each fiscal year for which the
Secretary uses county population data to calculate
grants, the weighted child count used to determine a
county's allocation under this section is the larger of
the 2 amounts determined under clause (i) or (ii), as
follows:
``(i) By percentage of children.--This amount
is determined by adding--
``(I) the number of children
determined under section 1124(c) for
that county constituting up to 15
percent, inclusive, of the county's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
``(II) the number of such children
constituting more than 15 percent, but
not more than 19 percent, of such
population, multiplied by 1.75;
``(III) the number of such children
constituting more than 19 percent, but
not more than 24.20 percent, of such
population, multiplied by 2.5;
``(IV) the number of such children
constituting more than 24.20 percent,
but not more than 29.20 percent, of
such population, multiplied by 3.25;
and
``(V) the number of such children
constituting more than 29.20 percent of
such population, multiplied by 4.0.
``(ii) By number of children.--This amount is
determined by adding--
``(I) the number of children
determined under section 1124(c)
constituting up to 2,311, inclusive, of
the county's total population aged 5 to
17, inclusive, multiplied by 1.0;
``(II) the number of such children
between 2,312 and 7,913, inclusive, in
such population, multiplied by 1.5;
``(III) the number of such children
between 7,914 and 23,917, inclusive, in
such population, multiplied by 2.0;
``(IV) the number of such children
between 23,918 and 93,810, inclusive,
in such population, multiplied by 2.5;
and
``(V) the number of such children in
excess of 93,811 in such population,
multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A),
the weighted child count for Puerto Rico under this
paragraph shall not be greater than the total number of
children counted under subsection 1124(c) multiplied by
1.72.
``(2) Weights for allocations to local educational
agencies.--
``(A) In general.--For each fiscal year for which the
Secretary uses local educational agency data, the
weighted child count used to determine a local
educational agency's grant under this section is the
larger of the 2 amounts determined under clauses (i)
and (ii), as follows:
``(i) By percentage of children.--This amount
is determined by adding--
``(I) the number of children
determined under section 1124(c) for
that local educational agency
constituting up to 15.233 percent,
inclusive, of the agency's total
population aged 5 to 17, inclusive,
multiplied by 1.0;
``(II) the number of such children
constituting more than 15.233 percent,
but not more than 22.706 percent, of
such population, multiplied by 1.75;
``(III) the number of such children
constituting more than 22.706 percent,
but not more than 32.213 percent, of
such population, multiplied by 2.5;
``(IV) the number of such children
constituting more than 32.213 percent,
but not more than 41.452 percent, of
such population, multiplied by 3.25;
and
``(V) the number of such children
constituting more than 41.452 percent
of such population, multiplied by 4.0.
``(ii) By number of children.--This amount is
determined by adding--
``(I) the number of children
determined under section 1124(c)
constituting up to 710, inclusive, of
the agency's total population aged 5 to
17, inclusive, multiplied by 1.0;
``(II) the number of such children
between 711 and 2,384, inclusive, in
such population, multiplied by 1.5;
``(III) the number of such children
between 2,385 and 9,645, inclusive, in
such population, multiplied by 2.0;
``(IV) the number of such children
between 9,646 and 54,600, inclusive, in
such population, multiplied by 2.5; and
``(V) the number of such children in
excess of 54,601 in such population,
multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A),
the weighted child count for Puerto Rico under this
paragraph shall not be greater than the total number of
children counted under section 1124(c) multiplied by
1.72.
``(d) Calculation of Grant Amounts.--Grants under this section shall
be calculated in accordance with section 1124(a)(2) and (3).
``(e) State Minimum.--Notwithstanding any other provision of this
section or section 1122, from the total amount available for any fiscal
year to carry out this section, each State shall be allotted at least
the lesser of--
``(1) 0.25 percent of total appropriations; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available to carry out this section; and
``(B) 150 percent of the national average grant under
this section per child described in section 1124(c),
without application of a weighting factor, multiplied
by the State's total number of children described in
section 1124(c), without application of a weighting
factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected Children.--
``(1) In general.--If a State educational agency determines
that a local educational agency in the State is unable or
unwilling to provide for the special educational needs of
children who are living in institutions for neglected children
as described in subparagraph (B) of section 1124(c)(1), the
State educational agency shall, if such agency assumes
responsibility for the special educational needs of such
children, receive the portion of such local educational
agency's allocation under sections 1124, 1124A, and 1125 that
is attributable to such children.
``(2) Special rule.--If the State educational agency does not
assume such responsibility, any other State or local public
agency that does assume such responsibility shall receive that
portion of the local educational agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The State
educational agency may allocate the amounts of grants under sections
1124, 1124A, and 1125 among the affected local educational agencies--
``(1) if 2 or more local educational agencies serve, in whole
or in part, the same geographical area;
``(2) if a local educational agency provides free public
education for children who reside in the school district of
another local educational agency; or
``(3) to reflect the merger, creation, or change of
boundaries of 1 or more local educational agencies.
``(c) Reallocation.--If a State educational agency determines that
the amount of a grant a local educational agency would receive under
sections 1124, 1124A, and 1125 is more than such local agency will use,
the State educational agency shall make the excess amount available to
other local educational agencies in the State that need additional
funds in accordance with criteria established by the State educational
agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 421 of the
General Education Provisions Act or any other provision of law, not
more than 15 percent of the funds allocated to a local educational
agency for any fiscal year under this subpart (but not including funds
received through any reallocation under this subpart) may remain
available for obligation by such agency for 1 additional fiscal year.
``(b) Waiver.--A State educational agency may, once every 3 years,
waive the percentage limitation in subsection (a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under subsection (a)
shall not apply to any local educational agency that receives less than
$50,000 under this subpart for any fiscal year.
``SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
``Any school that receives funds under this part shall ensure that
educational services or other benefits provided under this part,
including materials and equipment, shall be secular, neutral, and
nonideological.''.
PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
SEC. 111. READING FIRST; EARLY READING FIRST.
Part B of title I (20 U.S.C. 6361 et seq.) is amended--
(1) by striking the part heading and inserting the following:
``PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS'';
(2) by redesignating sections 1201 through 1212 as sections
1231 through 1242, respectively; and
(3) by inserting after the part heading the following:
``Subpart 1--Reading First
``SEC. 1201. FINDINGS.
``The Congress finds as follows:
``(1) The 2000 National Assessment of Educational Progress
found that 68 percent of fourth grade students in the United
States are reading below the proficient level.
``(2) According to the 2000 National Assessment of
Educational Progress report on reading, 63 percent of African
Americans, 58 percent of Hispanic Americans, 60 percent of
children living in poverty, and 47 percent of children in urban
schools scored `below basic' in reading.
``(3) More than \1/2\ of the students placed in special
education classes are identified as learning disabled and, for
as many as 80 percent of the students so identified, reading is
the primary difficulty.
``(4) It is estimated that, at a minimum, 10,000,000 children
have difficulty learning to read. 10 to 15 percent of those
children eventually drop out of high school, and only 2 percent
complete a 4-year program at an institution of higher
education.
``(5) It is estimated that the number of children who are
typically identified as poor readers can be significantly
reduced through the implementation of early identification and
prevention programs that are based on scientifically based
reading research.
``(6) The report issued by the National Reading Panel in 2000
found that the course of reading instruction that obtains
maximum benefits for students includes explicit and systematic
instruction in phonemic awareness, phonics, vocabulary
development, reading fluency, and reading comprehension
strategies.
``SEC. 1202. PURPOSES.
``The purposes of this subpart are as follows:
``(1) To provide assistance to States and local educational
agencies in establishing reading programs for students in
grades kindergarten through 3 that are based on scientifically
based reading research, in order to ensure that every student
can read at grade level or above not later than the end of the
third grade.
``(2) To provide assistance to States and local educational
agencies in preparing teachers, including special education
teachers, through professional development and other support,
so the teachers can identify specific reading barriers facing
their students and so the teachers have the tools to
effectively help their students learn to read.
``(3) To provide assistance to States and local educational
agencies in selecting and administering rigorous diagnostic
reading and screening assessment tools that are valid and
reliable, document the effectiveness of this subpart in
improving the reading skills of students, and improve classroom
instruction.
``(4) To provide assistance to States and local educational
agencies in selecting or developing effective classroom
instructional materials, programs, and strategies to implement
scientific research-based methods that have been proven to
prevent or remediate reading failure.
``(5) To strengthen coordination among schools and early
literacy programs in order to improve reading achievement for
all children.
``SEC. 1203. FORMULA GRANTS TO STATES.
``(a) In General.--
``(1) Authorization to make grants.--In the case of each
State that in accordance with section 1204 submits to the
Secretary an application for a 5-year period, the Secretary,
subject to the application's approval, shall make a grant to
the State for the uses specified in subsections (c) and (d).
For each fiscal year, the funds provided under the grant shall
equal the allotment determined for the State under subsection
(b).
``(2) Duration of grants.--
``(A) In general.--Subject to subparagraph (B), a
grant under this section shall be awarded for a period
of not more than 5 years.
``(B) Interim review.--
``(i) Progress report.--
``(I) Submission.--Not later than 60
days after the termination of the third
year of the grant period, each State
receiving a grant under this section
shall submit a progress report to the
Secretary.
``(II) Information included.--The
progress report shall include
information on the progress the State,
and local educational agencies within
the State, are making in reducing the
number of students served under this
subpart in the first and second grades
who are reading below grade level, as
demonstrated by such information as
teacher reports and school evaluations
of mastery of the essential components
of reading instruction. The report
shall also include evidence from the
State and its local educational
agencies that they have significantly
increased the number of students
reading at grade level or above,
significantly increased the percentages
of students in ethnic, racial, and low-
income populations who are reading at
grade level or above, and successfully
implemented this subpart.
``(ii) Peer review.--The progress report
described in clause (i) shall be reviewed by
the peer review panel convened under section
1204(c)(2).
``(iii) Consequences of insufficient
progress.--After the submission of the progress
report described in clause (i), if the
Secretary determines that the State is not
making significant progress in meeting the
purposes of this subpart, the Secretary may
withhold from the State, in whole or in part,
further payments under this section in
accordance with section 455 of the General
Education Provisions Act (20 U.S.C. 1234d) or
take such other action authorized by law as the
Secretary deems necessary, including providing
technical assistance upon request of the State.
``(b) Determination of Amount of Allotments.--
``(1) Reservations from appropriations.--From the total
amount made available under section 1002(b)(1) to carry out
this subpart for a fiscal year, the Secretary--
``(A) shall reserve \1/2\ of 1 percent for allotments
for the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, to be
distributed among these outlying areas on the basis of
their relative need, as determined by the Secretary in
accordance with the purposes of this subpart;
``(B) shall reserve \1/2\ of 1 percent for the
Secretary of the Interior for programs under this
subpart in schools operated or funded by the Bureau of
Indian Affairs;
``(C) shall reserve not more than 3 percent or
$30,000,000, whichever is less, to carry out section
1206;
``(D) may reserve not more than 1 percent to carry
out section 1207; and
``(E) shall reserve $5,000,000 to carry out section
1208.
``(2) State allotments.--From the total amount made available
under section 1002(b)(1) to carry out this subpart for a fiscal
year and not reserved under paragraph (1), the Secretary shall
allot 80 percent under this section among each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(3) Determination of state allotment amounts.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall allot the amount made available under
paragraph (2) for a fiscal year among the States
described in such paragraph in proportion to the number
of children, aged 5 to 17, who reside within the State
from families with incomes below the poverty line (as
defined by the Office of Management and Budget and
revised annually in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved
for the most recent fiscal year for which satisfactory
data are available, compared to the number of such
individuals who reside in all such States for that
fiscal year.
``(B) Exceptions.--
``(i) In general.--Subject to clause (ii), no
State receiving an allotment under subparagraph
(A) may receive less than \1/4\ of 1 percent of
the total amount allotted under such
subparagraph.
``(ii) Puerto rico.--The percentage of the
amount allotted under subparagraph (A) that is
allotted to the Commonwealth of Puerto Rico for
a fiscal year may not exceed the percentage
that was received by the Commonwealth of Puerto
Rico of the funds allocated to all States under
subpart 2 of part A for the preceding fiscal
year.
``(4) Reallotment.--If a State described in paragraph (2)
does not apply for an allotment under this section for any
fiscal year, or if the State's application is not approved, the
Secretary shall reallot such amount to the remaining States in
accordance with paragraph (3).
``(c) Subgrants to Local Educational Agencies.--
``(1) Distribution of subgrants.--The Secretary may make a
grant to a State under this section only if the State agrees to
expend at least 80 percent of the amount of the funds provided
under the grant for the purpose of making, in accordance with
this subsection, competitive subgrants to local educational
agencies.
``(2) Notice.--A State receiving a grant under this section
shall provide notice to all local educational agencies in the
State of the availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
``(3) Local applications.--To be eligible to receive a
subgrant under this subsection, a local educational agency
shall submit an application to the State at such time, in such
manner, and containing such information as the State may
reasonably require.
``(4) Limitation to certain local agencies.--A State
receiving a grant under this section may award subgrants under
this subsection only to local educational agencies--
``(A) that have the highest percentages of students
in grades kindergarten through 3 reading below grade
level; and
``(B) that--
``(i) have jurisdiction over--
``(I) a geographic area that includes
an area designated as an empowerment
zone, or an enterprise community, under
part I of subchapter U of chapter 1 of
the Internal Revenue Code of 1986; or
``(II) a significant number of
schools that are identified for school
improvement under section 1116(b); or
``(ii) are located in areas having the
greatest numbers or percentages of children
aged 5 through 17 from low-income families.
``(5) State requirement.--In distributing subgrant funds to
local educational agencies under this subsection, a State shall
provide funds in sufficient size and scope to enable local
educational agencies to improve reading instruction, as
determined by rigorous diagnostic reading and screening
assessment tools.
``(6) Limitation to certain schools.--In distributing
subgrant funds under this subsection, a local educational
agency may provide funds only to schools--
``(A) that have the highest percentages of students
in grades kindergarten through 3 reading below grade
level; and
``(B) that--
``(i) are identified for school improvement
under section 1116(b); or
``(ii) have the greatest numbers or
percentages of children aged 5 through 17 from
low-income families.
``(7) Local uses of funds.--
``(A) Required uses.--Subject to paragraph (8), a
local educational agency that receives a subgrant under
this subsection shall use the funds provided under the
subgrant to carry out the following activities:
``(i) Selecting and administering rigorous
diagnostic reading and screening assessment
tools.
``(ii) Selecting and implementing a program
or programs of classroom reading instruction
based on scientifically based reading research
that--
``(I) includes the essential
components of reading instruction; and
``(II) provides such instruction to
all children, including children who--
``(aa) may have reading
difficulties;
``(bb) are at risk of being
referred to special education
based on these difficulties;
``(cc) have been evaluated
under section 614 of the
Individuals with Disabilities
Education Act but, in
accordance with section
614(b)(5) of such Act, have not
been identified as being a
child with a disability (as
defined in section 602 of such
Act);
``(dd) are being served under
such Act primarily due to being
identified as being a child
with a specific learning
disability (as defined in
section 602 of such Act)
related to reading;
``(ee) are deficient in their
phonemic awareness, phonics
skills, vocabulary development,
oral reading fluency, or
comprehension strategies; or
``(ff) are identified as
having limited English
proficiency.
``(iii) Procuring classroom instructional
materials based on scientifically based reading
research.
``(iv) Providing professional development for
teachers of grades kindergarten through 3, and
special education teachers of grades
kindergarten through 12, that--
``(I) will prepare these teachers in
all of the essential components of
reading instruction;
``(II) shall include--
``(aa) information,
instructional materials,
programs, strategies, and
approaches based on
scientifically based reading
research, including early
intervention and classroom
reading materials and remedial
programs and approaches; and
``(bb) instruction in the use
of rigorous diagnostic reading
and screening assessment tools
and other procedures that
effectively identify students
who may be at risk for reading
failure or who are having
difficulty reading;
``(III) shall be provided by eligible
professional development providers; and
``(IV) will assist teachers in
becoming fully qualified in accordance
with the requirements of section 1119.
``(B) Optional uses.--Subject to paragraph (8), a
local educational agency that receives a subgrant under
this subsection may use the funds provided under the
subgrant to carry out the following activities:
``(i) Providing training to parents and other
individuals who volunteer to be reading tutors
in the essential components of reading
instruction.
``(ii) Providing family literacy services,
especially to parents enrolled in participating
schools, through the use of library materials
and reading programs, strategies, and
approaches that are based on scientifically
based reading research, to encourage reading
and support their children's reading
development.
``(8) Local planning and administration.--A local educational
agency that receives a subgrant under this subsection may use
not more than 2 percent of the funds provided under the
subgrant for planning and administration.
``(d) Other State Uses of Funds.--
``(1) Professional development.--
``(A) In general.--A State that receives a grant
under this section may expend not more than 15 percent
of the amount of the funds provided under the grant--
``(i) to develop and implement a program of
in-service professional development for
teachers of kindergarten through third grade,
and special education teachers of grades
kindergarten through 12, that--
``(I) will prepare these teachers in
all of the essential components of
reading instruction;
``(II) shall include--
``(aa) information on
interventions, instructional
materials, programs, and
approaches based on
scientifically based reading
research, including early
intervention and reading
remediation materials,
programs, and approaches; and
``(bb) instruction in the use
of rigorous diagnostic reading
and screening assessment tools
and other procedures to improve
instruction and effectively
identify students who may be at
risk for reading failure or who
are having difficulty reading;
and
``(III) shall be provided by eligible
professional development providers;
``(ii) to strengthen and enhance professional
development courses for students preparing, at
all public institutions of higher education in
the State, to teach kindergarten through third
grades by--
``(I) reviewing such courses to
determine whether their content is
consistent with the findings of the
most current scientifically based
reading research, including findings on
the essential components of reading
instruction;
``(II) following up such reviews with
recommendations to ensure that such
institutions offer courses that meet
the highest standards; and
``(III) preparing a report on the
results of such reviews, submitting it
to the reading and literacy partnership
for the State established under section
1204(d), and making it available for
public review via the Internet; and
``(iii) to make recommendations on how the
State's licensure and certification standards
in the area of reading might be improved.
``(B) Funds not used for professional development.--
Any portion of the funds described in subparagraph (A)
that a State does not expend in accordance with such
subparagraph shall be expended for the purpose of
making subgrants in accordance with subsection (c).
``(2) Other state-level activities.--A State that receives a
grant under this section may expend not more than 3 percent of
the amount of the funds provided under the grant for one or
more of the following authorized State activities:
``(A) Assisting local educational agencies in
accomplishing the tasks required to design and
implement a classroom reading program under this
subpart, including--
``(i) selecting and implementing a program or
programs of classroom reading instruction based
on scientifically based reading research;
``(ii) selecting rigorous diagnostic reading
and screening assessment tools; and
``(iii) identifying eligible professional
development providers to help prepare reading
teachers to teach students using the programs
and assessments described in clauses (i) and
(ii);
``(B) Providing to students in kindergarten through
third grades, through appropriate providers, reading
instruction that includes--
``(i) rigorous diagnostic reading and
screening assessment tools; and
``(ii) as need is indicated by such
assessments, instruction based on
scientifically based reading research that
includes the essential components of reading
instruction.
``(3) Planning, administration, and reporting.--
``(A) In general.--A State that receives a grant
under this section shall expend not more than 2 percent
of the amount of the funds provided under the grant for
the activities described in this paragraph.
``(B) Planning and administration.--A State that
receives a grant under this section may expend funds
described in subparagraph (A) for--
``(i) planning and administration relating to
the State uses of funds authorized under this
subpart, including administering the
distribution of competitive subgrants to local
educational agencies under this section and
section 1205; and
``(ii) assessing and evaluating, on a regular
basis, local educational agency activities
assisted under this subpart, with respect to
whether they have been effective in increasing
the number of children in first and second
grades served under this subpart who can read
at or above grade level.
``(C) Annual reporting.--
``(i) In general.--A State that receives a
grant under this section shall expend funds
provided under the grant to provide the
Secretary annually with a report on the
implementation of this subpart. The report
shall include evidence that the State is
fulfilling its obligations under this subpart.
The report shall include a specific
identification of those schools and local
educational agencies that report the largest
gains in reading achievement.
``(ii) Privacy protection.--Data in the
report shall be set forth in a manner that
protects the privacy of individuals.
``(iii) Contract.--To the extent practicable,
a State shall enter into a contract with an
entity that conducts scientifically based
reading research, under which contract the
entity will produce the reports required to be
submitted under this subparagraph.
``SEC. 1204. STATE FORMULA GRANT APPLICATIONS.
``(a) In General.--A State that desires to receive a grant under
section 1203 shall submit an application to the Secretary at such time
and in such form as the Secretary may require. The application shall
contain the information described in subsection (b).
``(b) Contents.--An application under this section shall contain the
following:
``(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has established
a reading and literacy partnership described in subsection (d),
and a description of how such partnership--
``(A) coordinated the development of the application;
and
``(B) will assist in the oversight and evaluation of
the State's activities under this subpart.
``(2) An assurance that the State will submit to the
Secretary, at such time and in such manner as the Secretary may
reasonably require, a State plan containing a description of a
process--
``(A) to evaluate programs carried out by local
educational agencies under this subpart;
``(B) to assist local educational agencies in
identifying rigorous diagnostic reading and screening
assessment tools; and
``(C) to assist local educational agencies in
identifying interventions, and instructional materials,
programs and approaches, based on scientifically based
reading research, including early intervention and
classroom reading materials and remedial programs and
approaches.
``(3) An assurance that the State, and local educational
agencies in the State, will participate in all national
evaluations under this subpart.
``(c) Approval of Applications.--
``(1) In general.--The Secretary, in consultation with the
peer review panel convened under paragraph (2), shall approve
an application of a State under this section if such
application meets the requirements of this section.
``(2) Peer review.--
``(A) In general.--The Secretary, in consultation
with the National Institute for Literacy, shall convene
a panel to evaluate applications under this section. At
a minimum, the panel shall include--
``(i) 3 individuals selected by the
Secretary;
``(ii) 3 individuals selected by the National
Institute for Literacy;
``(iii) 3 individuals selected by the
National Research Council of the National
Academy of Sciences; and
``(iv) 3 individuals selected by the National
Institute of Child Health and Human
Development.
``(B) Experts.--The panel shall include experts who
are competent, by virtue of their training, expertise,
or experience, to evaluate applications under this
section, and experts who provide professional
development to teachers of reading to children and
adults, and experts who provide professional
development to other instructional staff, based on
scientifically based reading research.
``(C) Recommendations.--The panel shall recommend
grant applications from States under this section to
the Secretary for funding or for disapproval.
``(d) Reading and Literacy Partnerships.--
``(1) In general.--In order for a State to receive a grant
under section 1203, the Governor of the State, in consultation
with the State educational agency, shall establish a reading
and literacy partnership.
``(2) Required participants.--The reading and literacy
partnership shall include the following participants:
``(A) The Governor of the State.
``(B) The chief State school officer.
``(C) The chairman and the ranking member of each
committee of the State legislature that is responsible
for education policy.
``(D) A representative, selected jointly by the
Governor and the chief State school officer, of at
least one local educational agency that is eligible to
receive a subgrant under section 1203.
``(E) A representative, selected jointly by the
Governor and the chief State school officer, of a
community-based organization working with children to
improve their reading skills, particularly a community-
based organization using tutors and scientifically
based reading research.
``(F) State directors of appropriate Federal or State
programs with a strong reading component.
``(G) A parent of a public or private school student
or a parent who educates their child or children in
their home, selected jointly by the Governor and the
chief State school officer.
``(H) A teacher, who may be a special education
teacher, who successfully teaches reading and an
instructional staff member, selected jointly by the
Governor and the chief State school officer.
``(I) A family literacy service provider selected
jointly by the Governor and the chief state school
officer.
``(3) Optional participants.--The reading and literacy
partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of--
``(A) an institution of higher education operating a
program of teacher preparation based on scientifically
based reading research in the State;
``(B) a local educational agency;
``(C) a private nonprofit or for-profit eligible
professional development provider providing instruction
based on scientifically based reading research;
``(D) an adult education provider;
``(E) a volunteer organization that is involved in
reading programs; or
``(F) a school library or a public library that
offers reading or literacy programs for children or
families.
``SEC. 1205. DISCRETIONARY GRANTS TO STATES.
``(a) In General.--In the case of a State that, in accordance with
sections 1203 and 1204, has received approval of an application for a
5-year formula grant, the Secretary may make additional 2-year
discretionary grants to the State for the use specified in (d). For
each fiscal year, the funds provided under the discretionary grant
shall equal the allotment determined for the State under subsection
(b).
``(b) Determination of Amount of Allotments.--From the total amount
made available under section 1002(b)(1) to carry out this subpart for a
fiscal year and not reserved under paragraph (1), the Secretary, upon
the recommendation of the peer review panel convened under section
1204(c)(2), shall allot 20 percent under this section among the States
described in subsection (a)--
``(1) for fiscal years 2002 and 2003, based upon a
determination of such States' relative likelihood of
effectively implementing a program under this subpart; and
``(2) for fiscal year 2004 and subsequent fiscal years, based
upon such States' applications under subsection (c).
``(c) State Discretionary Grant Applications.--
``(1) In general.--A State that desires to receive a grant
under this section for a grant period that includes any fiscal
year after fiscal year 2003 shall submit the information
described in paragraph (3) to the Secretary at such time and in
such form as the Secretary may require.
``(2) Peer review.--The peer review panel convened under
section 1204(c)(2) shall review the information submitted under
this subsection. The panel shall recommend such applications to
the Secretary for funding or for disapproval.
``(3) Information.--The information described in this
paragraph is the following:
``(A) An assurance that the State will award
competitive subgrants to local educational agencies
consistent with subsection (d)(4).
``(B) An assurance that the State will ensure that
local educational agencies that receive a subgrant
under subsection (d) use the funds provided under the
subgrant in accordance with subsection (d)(5).
``(C) Evidence that the State has increased
significantly the percentage of students reading at
grade level or above.
``(D) Evidence that the State has been successful in
increasing the percentage of students in ethnic,
racial, and low-income populations who are reading at
grade level or above.
``(E) Any additional evidence that demonstrates
success in the implementation of this subpart.
``(d) Subgrants to Local Educational Agencies.--
``(1) In general.--The Secretary may make a grant to a State
under this section only if the State agrees to expend 100
percent of the amount of the funds provided under the grant for
the purpose of making competitive subgrants in accordance with
this subsection to local educational agencies.
``(2) Notice.--A State receiving a grant under this section
shall provide notice to all local educational agencies in the
State of the availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
``(3) Application.--To be eligible to receive a subgrant
under this subsection, a local educational agency shall submit
an application to the State at such time, in such manner, and
containing such information as the State may reasonably
require.
``(4) Distribution.--
``(A) In general.--A State shall distribute subgrants
under this section through a competitive process based
on relative need and the evidence described in this
paragraph.
``(B) Evidence used in all years.--For all fiscal
years, a State shall distribute subgrants under this
section based on evidence that a local educational
agency--
``(i) satisfies the requirements of section
1203(c)(4);
``(ii) will carry out its obligations under
this subpart, particularly paragraph (5); and
``(iii) will work with other local
educational agencies in the State that have not
received a subgrant under this subsection to
assist such non-receiving agencies in
increasing the reading achievement of students.
``(C) Evidence used in fiscal years after 2003.--For
fiscal year 2004 and subsequent fiscal years, a State
shall distribute subgrants under this section based on
the evidence described in subparagraph (B) and, in
addition, evidence that a local educational agency--
``(i) has significantly increased the
percentage of all students reading at grade
level or above;
``(ii) has significantly increased the
percentage of students in ethnic, racial, and
low-income populations who are reading at grade
level or above; and
``(iii) has demonstrated success in the
implementation of this subpart.
``(5) Local uses of funds.--A local educational agency that
receives a subgrant under this subsection--
``(A) shall use the funds provided under the subgrant
to carry out the activities described in section
1203(c)(7)(A); and
``(B) may use such funds to carry out the activities
described in section 1203(c)(7)(B).
``(e) Definition.--For purposes of this section, the term `State'
means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``SEC. 1206. EXTERNAL EVALUATION.
``(a) In General.--From funds reserved under section 1203(b)(1)(C),
the Secretary shall contract with an independent outside organization
for a 5-year, rigorous, scientifically valid, quantitative evaluation
of this subpart.
``(b) Process.--Such evaluation shall be conducted by an organization
outside of the Department that is capable of designing and carrying out
an independent evaluation that identifies the effects of specific
activities carried out by States and local educational agencies under
this subpart on improving reading instruction. Such evaluation shall
use only data relating to students served under this subpart and shall
take into account factors influencing student performance that are not
controlled by teachers or education administrators.
``(c) Analysis.--Such evaluation shall include the following:
``(1) An analysis of the relationship between each of the
essential components of reading instruction and overall reading
proficiency.
``(2) An analysis of whether assessment tools used by States
and local educational agencies measure the essential components
of reading instruction.
``(3) An analysis of how State reading standards correlate
with the essential components of reading instruction.
``(4) An analysis of whether the receipt of a discretionary
grant under section 1205 results in an increase in the number
of children who read proficiently.
``(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
``(6) A measurement of the extent to which specific rigorous
diagnostic reading and screening assessment tools assist
teachers in identifying specific reading deficiencies.
``(7) A measurement of the extent to which professional
development programs implemented by States using funds received
under this subpart improve reading instruction.
``(8) A measurement of how well students preparing to enter
the teaching profession are prepared to teach the essential
components of reading instruction.
``(9) An analysis of changes in students' interest in reading
and time spent reading outside of school.
``(10) Any other analysis or measurement pertinent to this
subpart that is determined to be appropriate by the Secretary.
``(d) Program Improvement.--The findings of the evaluation conducted
under this section shall be provided to States and local educational
agencies on a periodic basis for use in program improvement.
``SEC. 1207. NATIONAL ACTIVITIES.
``From funds reserved under section 1203(b)(1)(D), the Secretary may
provide technical assistance in achieving the purposes of this subpart
to States, local educational agencies, and schools requesting such
assistance.
``SEC. 1208. INFORMATION DISSEMINATION.
``(a) In General.--From funds reserved under section 1203(b)(1)(E),
the National Institute for Literacy, in collaboration with the
Secretary of Education, the Secretary of Health and Human Services, and
the Director of the National Institute for Child Health and Human
Development--
``(1) shall disseminate information on scientifically based
reading research pertaining to children, youth, and adults;
``(2) shall identify and disseminate information about
schools, local educational agencies, and States that
effectively developed and implemented classroom reading
programs that meet the requirements of this subpart, including
those effective States, local educational agencies, and schools
identified through the evaluation and peer review provisions of
this subpart; and
``(3) shall support the continued identification and
dissemination of information on reading programs that contain
the essential components of reading instruction as supported by
scientifically based reading research, that can lead to
improved reading outcomes for children, youth, and adults.
``(b) Dissemination.--
``(1) In general.--At a minimum, the National Institute for
Literacy shall disseminate such information to--
``(A) recipients of Federal financial assistance
under part A of this title, part A of title III, the
Head Start Act, the Individuals with Disabilities
Education Act, and the Adult Education and Family
Literacy Act; and
``(B) each Bureau funded school (as defined in
section 1141(3) of the Education Amendments of 1978).
``(2) Use of existing networks.--In carrying out this
section, the National Institute for Literacy shall, to the
extent practicable, utilize existing information and
dissemination networks developed and maintained through other
public and private entities.
``SEC. 1209. DEFINITIONS.
``For purposes of this subpart:
``(1) Eligible professional development provider.--The term
`eligible professional development provider' means a provider
of professional development in reading instruction to teachers,
including special education teachers, that is based on
scientifically based reading research.
``(2) Essential components of reading instruction.--The term
`essential components of reading instruction' means explicit
and systematic instruction in--
``(A) phonemic awareness;
``(B) phonics;
``(C) vocabulary development;
``(D) oral reading fluency; and
``(E) reading comprehension strategies.
``(3) Instructional staff.--The term `instructional staff'--
``(A) means individuals who have responsibility for
teaching children to read; and
``(B) includes principals, teachers, supervisors of
instruction, librarians, library school media
specialists, teachers of academic subjects other than
reading, and other individuals who have responsibility
for assisting children to learn to read.
``(4) Reading.--The term `reading' means a complex system of
deriving meaning from print that requires all of the following:
``(A) The skills and knowledge to understand how
phonemes, or speech sounds, are connected to print.
``(B) The ability to decode unfamiliar words.
``(C) The ability to read fluently.
``(D) Sufficient background information and
vocabulary to foster reading comprehension.
``(E) The development of appropriate active
strategies to construct meaning from print.
``(F) The development and maintenance of a motivation
to read.
``(5) Rigorous diagnostic reading and screening assessment
tools.--The term `rigorous diagnostic reading and screening
assessment tools' means assessments that--
``(A) are valid, reliable, and based on
scientifically based reading research;
``(B) measure progress in developing phonemic
awareness and phonics skills, vocabulary, reading
fluency, and reading comprehension;
``(C) identify students who may be at risk for
reading failure or who are having difficulty reading;
and
``(D) are used to improve instruction.
``(6) Scientifically based reading research.--The term
`scientifically based reading research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to reading development, reading instruction,
and reading difficulties; and
``(B) shall include research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations; and
``(iv) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
``Subpart 2--Early Reading First
``SEC. 1221. PURPOSES.
``The purposes of this subpart are as follows:
``(1) To improve prereading skills in children aged 3 through
5, particularly children from low-income families, in high-
quality oral language and literature-rich environments.
``(2) To provide professional development for early childhood
teachers that prepares them with scientific research-based
knowledge of early reading development to assist in developing
the children's--
``(A) automatic recognition of the letters of the
alphabet;
``(B) understanding that spoken words are made up of
small segments of speech sounds and that certain
letters regularly represent such speech sounds;
``(C) spoken vocabulary and oral comprehension
abilities; and
``(D) understanding of semiotic concepts.
``(3) To use scientific research-based screening tools or
other appropriate measures to determine whether preschool
children are developing the skills identified in this section.
``(4) To identify and provide scientific research-based
prereading language and literacy activities and instructional
materials that can be used to assist in the development of
prereading skills in children.
``(5) To integrate such scientific research-based
instructional materials and literacy activities with existing
programs of preschools, child care agencies, and Head Start
centers, and with family literacy services.
``SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
``(a) Program Authorized.--From amounts appropriated under section
1002(b)(2), the Secretary shall make awards, on a competitive basis and
for periods of not more than 5 years, to eligible applicants to enable
such applicants to carry out activities that are consistent with the
purposes of this subpart.
``(b) Definition of Eligible Applicant.--In this subpart, the term
`eligible applicant' means--
``(1) a local educational agency;
``(2) one or more public or private organizations, acting on
behalf of one or more programs that serve children aged 3
through 5 (such as a program at a child care agency or Head
Start center or a family literacy program), which organizations
shall be located in a community served by a local educational
agency; or
``(3) one or more local educational agencies in collaboration
with one or more organizations described in paragraph (2).
``(c) Applications.--An eligible applicant that desires to receive a
grant under this subpart shall submit an application to the Secretary,
which shall include a description of--
``(1) the programs to be served by the proposed project,
including general demographic and socioeconomic information on
the communities in which the proposed project will be
administered;
``(2) how the proposed project will enhance the school
readiness of children aged 3 through 5 in high-quality oral
language and literature-rich environments;
``(3) how the proposed project will provide early childhood
teachers with scientific research-based knowledge of early
reading development and assist such teachers in developing the
children's prereading skills;
``(4) how the proposed project will provide services and
utilize instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development of
spoken vocabulary skills;
``(5) how the proposed project will integrate such
instructional materials and literacy activities with existing
preschool programs and family literacy services;
``(6) how the proposed project will help staff in the
programs to meet the diverse needs of children in the
community, including children with limited English proficiency
and children with learning disabilities;
``(7) how the proposed project will help children,
particularly children experiencing difficulty with spoken
language, prereading, and early reading skills, to make the
transition from preschool to formal classroom instruction in
school;
``(8) how the activities conducted under this subpart will be
coordinated with the eligible applicant's activities under
subpart 1, if the applicant has received a subgrant under such
subpart, at the kindergarten through third grade levels;
``(9) how the proposed project will evaluate the success of
the activities supported under this subpart in enhancing the
early language and reading development of children served by
the project; and
``(10) such other information as the Secretary may require.
``(d) Approval of Local Applications.--The Secretary shall select
applicants for funding under this subpart based on the quality of the
applications and the recommendations of the peer review panel convened
under section 1204(c)(2).
``(e) Local Uses of Funds.--
``(1) Required activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following activities:
``(A) Providing children aged 3 through 5 with high-
quality oral language and literature-rich environments
in which to acquire prereading skills.
``(B) Providing professional development for early
childhood teachers that prepares them with scientific
research-based knowledge of early reading development
to assist in developing the children's--
``(i) automatic recognition of the letters of
the alphabet;
``(ii) understanding that spoken words are
made up of small segments of speech sounds and
that certain letters regularly represent such
speech sounds;
``(iii) spoken vocabulary and oral
comprehension abilities; and
``(iv) understanding of semiotic concepts.
``(C) Identifying and providing scientific research-
based prereading language and literacy activities and
instructional materials for use in developing the
children's--
``(i) automatic recognition of the letters of
the alphabet;
``(ii) understanding that spoken words are
made up of small segments of speech sounds and
that certain letters regularly represent such
speech sounds;
``(iii) spoken vocabulary and oral
comprehension abilities; and
``(iv) understanding of semiotic concepts.
``(2) Optional activities.--An eligible applicant that
receives a grant under this subpart may use the funds provided
under the grant to carry out the following activities:
``(A) Using scientific research-based screening tools
or other appropriate measures to determine whether
preschool children are developing the skills identified
in this subsection.
``(B) Integrating such instructional materials and
literacy activities with programs of existing child
care agencies, preschools, and Head Start centers, and
with family literacy services.
``(f) Award Amounts.--The Secretary may establish a maximum award
amount, or ranges of award amounts, for grants under this subpart.
``SEC. 1223. FEDERAL ADMINISTRATION.
``The Secretary shall consult with the Secretary of Health and Human
Services in order to coordinate the activities undertaken under this
subpart with programs under the Head Start Act (42 U.S.C. 9831 et
seq.).
``SEC. 1224. REPORTING REQUIREMENTS.
``Each eligible applicant receiving a grant under this subpart shall
report annually to the Secretary regarding the eligible applicant's
progress in addressing the purposes of this subpart.
``SEC. 1225. EVALUATION.
``From the total amount made available under section 1002(b)(2) for
the period beginning October 1, 2002, and ending September 30, 2006,
the Secretary shall reserve not more than $1,000,000 to conduct an
independent evaluation of the effectiveness of this subpart.
``SEC. 1226. ADDITIONAL RESEARCH.
``From the amount made available under section 1002(b)(2) for each of
the fiscal years 2002 through 2006, the Secretary shall reserve not
more than $3,000,000 to conduct, in consultation with the National
Institute for Child Health and Human Development, the National
Institute for Literacy, and the Department of Health and Human
Services, additional research on language and literacy development for
children aged 3 through 5.''.
SEC. 112. AMENDMENTS TO EVEN START.
Part B of title I (20 U.S.C. 6361 et seq.), as amended by section
111, is further amended--
(1) by inserting before section 1231 (as so redesignated by
section 111) the following:
``Subpart 3--William F. Goodling Even Start Family Literacy Programs'';
(2) in each of sections 1231 through 1242 (as so redesignated
by section 111)--
(A) by striking ``this part'' each place such term
appears and inserting ``this subpart''; and
(B) by striking ``1002(b)'' each place such term
appears and inserting ``1002(b)(3)'';
(3) in section 1231(4), by striking ``2252)'' and inserting
``1209)'';
(4) in section 1232--
(A) in subsection (b)--
(i) in paragraph (1)(A), by striking
``1209;'' and inserting ``1239;''; and
(ii) in paragraph (2), by striking
``1211(b)'' each place such term appears and
inserting ``1241(b)''; and
(B) in subsection (c)--
(i) by amending paragraph (2)(C) to read as
follows:
``(C) Coordination with subpart 1.--The consortium
shall coordinate its activities with the activities of
the reading and literacy partnership for the State
established under section 1204(d), if the State
receives a grant under section 1203.''; and
(ii) in paragraph (3), by striking ``2252).''
and inserting ``1209).'';
(5) in section 1233--
(A) by striking ``1202(d)(1)'' each place such term
appears and inserting ``1232(d)(1)''; and
(B) by striking ``1210.'' and inserting ``1240.'';
(6) in section 1234--
(A) in subsection (b)--
(i) in paragraph (1)(A), by moving the
margins of clauses (v) and (vi) 2 ems to the
right; and
(ii) in paragraph (3), by striking
``1202(a)(1)(C)'' and inserting
``1232(a)(1)(C)''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``1203(a),'' and
inserting ``1233(a),''; and
(II) by striking ``1203(b)'' and
inserting ``1233(b)''; and
(ii) in paragraph (2), by striking ``1210.''
and inserting ``1240.'';
(7) in section 1235--
(A) in paragraph (10), by striking ``2252)'' and
inserting ``1209)'';
(B) in paragraph (12), by striking ``2252),'' and
inserting ``1209),''; and
(C) in paragraph (15), by striking ``program.'' and
inserting ``program to be used for program
improvement.'';
(8) in section 1237--
(A) in subsection (c)(1)--
(i) in subparagraph (B), by striking
``1205;'' and inserting ``1235;''; and
(ii) in subparagraph (F), by striking
``14306;'' and inserting ``8306;''; and
(B) in subsection (d), by striking ``14302.'' and
inserting ``8302.'';
(9) in section 1238--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(ii), by striking
``1205;'' and inserting ``1235;''; and
(ii) in subparagraph (F), by striking
``1204(b);'' and inserting ``1234(b);''; and
(B) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``1207(c)(1)(A)'' and
inserting ``1237(c)(1)(A)''; and
(II) by striking ``1210.'' and
inserting ``1240.'';
(ii) in paragraph (4), by striking ``1210,''
and inserting ``1240,''; and
(iii) in paragraph (5)(B), by striking
``1204(b).'' and inserting ``1234(b).'';
(10) in section 1239--
(A) by striking ``1202(b)(1),'' and inserting
``1232(b)(1),''; and
(B) by striking ``1205(10)'' and inserting
``1235(10)''; and
(11) in section 1241--
(A) in subsection (b)(1)--
(i) by striking ``1202(b)(2),'' and inserting
``1232(b)(2),''; and
(ii) by striking ``2252);'' and inserting
``1209);''; and
(B) in subsection (c), by striking ``2258,'' and
inserting ``1208,''.
SEC. 113. INEXPENSIVE BOOK DISTRIBUTION PROGRAM.
(a) Transfer and Redesignation.--Part E of title X (20 U.S.C. 8131)
is transferred and redesignated as subpart 4 of part B of title I.
Section 10501 is redesignated as section 1251.
(b) Purpose.--Section 1251 (as so redesignated) is amended--
(1) by striking subsection (e);
(2) by redesignating subsection (d) as subsection (g);
(3) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively; and
(4) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Purpose.--The purpose of this program is to establish and
implement a model partnership between a governmental entity and a
private entity, to help prepare young children for reading, and
motivate older children to read, through the distribution of
inexpensive books. Local reading motivation programs assisted under
this section shall use such assistance to provide books, training for
volunteers, motivational activities, and other essential literacy
resources, and shall assign the highest priority to serving the
youngest and neediest children in the United States.''.
(c) Authorization.--Section 1251(b) (as so redesignated) is amended
by striking ``books to students, that motivate children to read.'' and
inserting ``books to young and school-aged children that motivate them
to read.''.
(d) Requirements of Contract.--Section 1251(c) (as so redesignated)
is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (a)'' and inserting ``subsection (b)''; and
(2) in paragraph (4), by inserting ``training and'' before
``technical''.
(e) Special Rules for Certain Subcontractors; Multi-year Contracts.--
Section 1251 (as so redesignated) is amended by inserting after
subsection (d) the following:
``(e) Special Rules for Certain Subcontractors.--
``(1) Funds from other federal sources.--Subcontractors
operating programs under this section in low-income communities
with a substantial number or percentage of children with
special needs, as described in subsection (c)(3), may use funds
from other Federal sources to pay the non-Federal share of the
cost of the program, if those funds do not comprise more than
50 percent of the non-Federal share of the funds used for the
cost of acquiring and distributing books.
``(2) Waiver authority.--Notwithstanding subsection (c), the
contractor may waive, in whole or in part, the requirement in
subsection (c)(1) for a subcontractor, if the subcontractor
demonstrates that it would otherwise not be able to participate
in the program, and enters into an agreement with the
contractor with respect to the amount of the non-Federal share
to which the waiver will apply. In a case in which such a
waiver is granted, the requirement in subsection (c)(2) shall
not apply.
``(f) Multi-year Contracts.--The contractor may enter into a multi-
year subcontract under this section, if--
``(1) the contractor believes that such subcontract will
provide the subcontractor with additional leverage in seeking
local commitments; and
``(2) the subcontract does not undermine the finances of the
national program.''.
(f) Continuation of Awards.--Notwithstanding any other provision of
this Act, any person or agency that was awarded a contract under part E
of title X (20 U.S.C. 8131) prior to the date of the enactment of this
Act shall continue to receive funds in accordance with the terms of
such contract until the date on which the contract period terminates
under such terms.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 121. STATE ALLOCATIONS.
Section 1303 (20 U.S.C. 6393) is amended--
(1) by amending subsection (a) to read as follows:
``(a) State Allocations.--
``(1) Fiscal year 2002.--For fiscal year 2002, each State
(other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to--
``(A) the sum of the estimated number of migratory
children aged three through 21 who reside in the State
full time and the full-time equivalent of the estimated
number of migratory children aged three through 21 who
reside in the State part time, as determined in
accordance with subsection (d); multiplied by
``(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this paragraph shall not be less than 32 percent, nor
more than 48 percent, of the average expenditure per
pupil in the United States.
``(2) Subsequent years.--
``(A) Base amount.--
``(i) In general.--Except as provided in
subsection (b) and clause (ii), each State
(other than the Commonwealth of Puerto Rico) is
entitled to receive under this part, for fiscal
year 2003 and succeeding fiscal years, an
amount equal to--
``(I) the amount that such State
received under this part for fiscal
year 2002; plus
``(II) the amount allocated to the
State under subparagraph (B).
``(ii) Nonparticipating states.--In the case
of a State (other than the Commonwealth of
Puerto Rico) that did not receive any funds for
fiscal year 2002 under this part, the State
shall receive, for fiscal year 2003 and
succeeding fiscal years, an amount equal to--
``(I) the amount that such State
would have received under this part for
fiscal year 2002 if its application
under section 1304 for the year had
been approved; plus
``(II) the amount allocated to the
State under subparagraph (B).
``(B) Allocation of additional amount.--For fiscal
year 2003 and succeeding fiscal years, the amount (if
any) by which the funds appropriated to carry out this
part for the year exceed such funds for fiscal year
2002 shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State receives
an amount equal to--
``(i) the sum of--
``(I) the number of identified
eligible migratory children, aged 3
through 21, residing in the State
during the previous year; and
``(II) the number of identified
eligible migratory children, aged 3
through 21, who received services under
this part in summer or intersession
programs provided by the State during
such year; multiplied by
``(ii) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this clause may not be
less than 32 percent, or more than 48 percent,
of the average per-pupil expenditure in the
United States.'';
(2) by amending subsection (b) to read as follows:
``(b) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant which the
Commonwealth of Puerto Rico shall be eligible to receive under
this part shall be the amount determined by multiplying the
number of children counted under subsection (a)(1)(A) for the
Commonwealth of Puerto Rico by the product of--
``(A) the percentage which the average per pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per pupil expenditure of any of the
50 States; and
``(B) 32 percent of the average per pupil expenditure
in the United States.
``(2) Minimum percentage.--The percentage in paragraph (1)(A)
shall not be less than--
``(A) for fiscal year 2002, 77.5 percent;
``(B) for fiscal year 2003, 80.0 percent;
``(C) for fiscal year 2004, 82.5 percent; and
``(D) for fiscal year 2005 and succeeding fiscal
years, 85.0 percent.
``(3) Limitation.--If the application of paragraph (2) would
result in any of the 50 States or the District of Columbia
receiving less under this part than it received under this part
for the preceding fiscal year, the percentage in paragraph (1)
shall be the greater of the percentage in paragraph (1)(A) or
the percentage used for the preceding fiscal year.''; and
(3) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
SEC. 122. STATE APPLICATIONS; SERVICES.
(a) Program Information.--Section 1304(b) (20 U.S.C. 6394(b)) is
amended--
(1) in paragraph (1), by striking ``addressed through'' and
all that follows through the semicolon at the end and inserting
the following:
``addressed through--
``(A) the full range of services that are available
for migratory children from appropriate local, State,
and Federal educational programs;
``(B) joint planning among local, State, and Federal
educational programs serving migrant children,
including programs under part A of title III;
``(C) the integration of services available under
this part with services provided by those other
programs; and
``(D) measurable program goals and outcomes;''; and
(2) in paragraph (5), by striking ``the requirements of
paragraph (1);'' and inserting ``the numbers and needs of
migratory children, the requirements of subsection (d), and the
availability of funds from other Federal, State, and local
programs;''.
(b) Assurances.--Section 1304(c) (20 U.S.C. 6394(c)) is amended--
(1) in paragraph (1), by striking ``1306(b)(1);'' and
inserting ``1306(a);'';
(2) in paragraph (2), by striking ``part F;'' and inserting
``part H;''
(3) in paragraph (3)--
(A) by striking ``appropriate'';
(B) by striking ``out, to the extent feasible,'' and
inserting ``out''; and
(C) by striking ``1118;'' and inserting ``1118,
unless extraordinary circumstances make implementation
consistent with such section impractical;''; and
(4) in paragraph (7), by striking ``section 1303(e)'' and
inserting ``paragraphs (1)(A) and (2)(B)(i) of section
1303(a)''.
SEC. 123. AUTHORIZED ACTIVITIES.
Section 1306 (20 U.S.C. 6396) is amended to read as follows:
``SEC. 1306. AUTHORIZED ACTIVITIES.
``(a) In General.--
``(1) Flexibility.--Each State educational agency, through
its local educational agencies, shall have the flexibility to
determine the activities to be provided with funds made
available under this part, except that such funds shall first
be used to meet the identified needs of migratory children that
result from their migratory lifestyle, and to permit these
children to participate effectively in school.
``(2) Unaddressed needs.--Funds provided under this part
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under part A of this title may
receive those services through funds provided under that part,
or through funds under this part that remain after the agency
addresses the needs described in paragraph (1).
``(b) Construction.--Nothing in this part shall be construed to
prohibit a local educational agency from serving migratory children
simultaneously with students with similar educational needs in the same
educational settings, where appropriate.
``(c) Special Rule.--Notwithstanding section 1114, a school that
receives funds under this part shall continue to address the identified
needs described in subsection (a)(1).''.
SEC. 124. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
(a) Duration.--Section 1308(a)(2) (20 U.S.C. 6398(a)(2)) is amended
by striking ``subpart'' and inserting ``subsection''.
(b) Student Records.--Section 1308(b) (20 U.S.C. 6398(b)) is amended
to read as follows:
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing effective methods for the transfer of student
records and in determining the number of migratory children in
each State. The Secretary, in consultation with the States,
shall determine the minimum data elements that each State
receiving funds under this part shall collect and maintain. The
Secretary shall assist States to implement a system of linking
their student record transfer systems for the purpose of
electronic records maintenance and transfer for migrant
students.
``(2) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this part shall make student records available to another State
or local educational agency that requests the records at no
cost to the requesting agency, if the request is made in order
to meet the needs of a migratory child.''.
(c) Availability of Funds.--Section 1308(c) (20 U.S.C. 6398(c)) is
amended by striking ``$6,000,000'' and inserting ``$10,000,000''.
(d) Incentive Grants.--Section 1308(d) (20 U.S.C. 6398(d)) is amended
to read as follows:
``(d) Incentive Grants.--From the amounts made available to carry out
this section for any fiscal year, the Secretary may reserve not more
than $3,000,000 to award grants of not more than $250,000 on a
competitive basis to State educational agencies that propose a
consortium arrangement with another State or other appropriate entity
that the Secretary determines, pursuant to criteria that the Secretary
shall establish, will improve the delivery of services to migratory
children whose education is interrupted.''.
PART D--NEGLECTED OR DELINQUENT YOUTH
SEC. 131. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read as follows:
``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR NEGLECTED OR
DELINQUENT CHILDREN AND YOUTH''.
SEC. 132. FINDINGS.
Section 1401(a) (20 U.S.C. 6421(a)) is amended by striking paragraphs
(6) through (9) and inserting the following:
``(6) Youth returning from correctional facilities need to be
involved in programs that provide them with high-level skills
and other support to help them stay in school and complete
their education.
``(7) Pregnant and parenting teenagers are a high-at-risk
group for dropping out of school and should be targeted by
dropout prevention programs.''.
SEC. 133. ALLOCATION OF FUNDS.
Section 1412(b) (20 U.S.C. 6432(b)) is amended to read as follows:
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this part shall be the
amount determined by multiplying the number of children counted
under subparagraph (a)(1)(A) for the Commonwealth of Puerto
Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States; and
``(B) 32 percent of the average per-pupil expenditure
in the United States.
``(2) Minimum percentage.--The percentage in paragraph (1)(A)
shall not be less than--
``(A) for fiscal year 2002, 77.5 percent;
``(B) for fiscal year 2003, 80.0 percent;
``(C) for fiscal year 2004, 82.5 percent; and
``(D) for fiscal year 2005 and succeeding fiscal
years, 85.0 percent.
``(3) Limitation.--If the application of paragraph (2) would
result in any of the 50 States or the District of Columbia
receiving less under this part than it received under this part
for the preceding fiscal year, the percentage in paragraph (1)
shall be the greater of the percentage in paragraph (1)(A) or
the percentage used for the preceding fiscal year.''.
SEC. 134. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 (20 U.S.C. 6434) is amended to read as follows:
``SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that desires
to receive a grant under this part shall submit, for approval
by the Secretary, a plan for meeting the educational needs of
neglected and delinquent youth, for assisting in their
transition from institutions to locally operated programs, and
which is integrated with other programs under this Act or other
Acts, as appropriate, consistent with section 8306.
``(2) Contents.--Each such State plan shall--
``(A) describe the program goals, objectives, and
performance measures established by the State that will
be used to assess the effectiveness of the program in
improving academic and vocational and technical skills
of children in the program;
``(B) provide that, to the extent feasible, such
children will have the same opportunities to learn as
such children would have if such children were in the
schools of local educational agencies in the State; and
``(C) contain assurances that the State educational
agency will--
``(i) ensure that programs assisted under
this part will be carried out in accordance
with the State plan described in this
subsection;
``(ii) carry out the evaluation requirements
of section 1416;
``(iii) ensure that the State agencies
receiving subgrants under this subpart comply
with all applicable statutory and regulatory
requirements; and
``(iv) provide such other information as the
Secretary may reasonably require.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the
State's participation under this part; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this part.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve each
State plan that meets the requirements of this part.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this part shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the first
year of the program, with annual updates to be provided to the
State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan under this subpart;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1416 are of high
quality;
``(6) describes how the agency will carry out the evaluation
requirements of section 8651 and how the results of the most
recent evaluation are used to plan and improve the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 8501;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as job
training programs, vocational and technical education programs,
State and local dropout prevention programs, and special
education programs;
``(9) describes how States will encourage correctional
facilities receiving funds under this subpart to coordinate
with local educational agencies or alternative education
programs attended by incarcerated youth prior to their
incarceration to ensure that student assessments and
appropriate academic records are shared jointly between the
correctional facility and the local educational agency or
alternative education program;
``(10) describes how appropriate professional development
will be provided to teachers and other staff;
``(11) designates an individual in each affected institution
to be responsible for issues relating to the transition of
children and youth from the institution to locally operated
programs;
``(12) describes how the agency will endeavor to coordinate
with businesses for training and mentoring for participating
youth;
``(13) provides assurances that the agency will assist in
locating alternative programs through which students can
continue their education if students are not returning to
school after leaving the correctional facility;
``(14) provides assurances that the agency will work with
parents to secure parents' assistance in improving the
educational achievement of their children and preventing their
children's further involvement in delinquent activities;
``(15) provides assurances that the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will notify
the youth's local school if such youth--
``(A) is identified as in need of special education
services while the youth is in the facility; and
``(B) intends to return to the local school;
``(16) provides assurances that the agency will work with
youth who dropped out of school before entering the facility to
encourage the youth to reenter school once the term of
incarceration has been completed or provide the youth with the
skills necessary to gain employment, continue the education of
the youth, or achieve a secondary school diploma or the
recognized equivalent if the youth does not intend to return to
school;
``(17) provides assurances that teachers and other qualified
staff are also trained to work with children with disabilities
and other students with special needs, taking into
consideration the unique needs of such students;
``(18) describes any additional services to be provided to
youth, such as career counseling, distance learning, and
assistance in securing student loans and grants; and
``(19) provides assurances that the program under this
subpart will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) or other comparable programs, if
applicable.''.
SEC. 135. USE OF FUNDS.
Section 1415(a) (20 U.S.C. 6435(a)) is amended--
(1) in paragraph (1)(B), by inserting ``, vocational and
technical training'' after ``secondary school completion'';
(2) in paragraph (2)(B)--
(A) in clause (i), by inserting ``and'' after the
semicolon;
(B) in clause (ii), by striking ``; and'' and
inserting a semicolon; and
(C) by striking clause (iii);
(3) in paragraph (2)(C), by striking ``part F of this title''
and inserting ``part H''; and
(4) in paragraph (2)(D), by striking ``section 14701'' and
inserting ``section 8651''.
SEC. 136. TRANSITION SERVICES.
Section 1418(a) (20 U.S.C. 6438(a)) is amended by striking ``10
percent'' and inserting ``15 percent''.
SEC. 137. PURPOSE.
Section 1421(3) (20 U.S.C. 6451(3)) is amended to read as follows:
``(3) operate programs in local schools for youth returning
from correctional facilities and programs which may also serve
youth at risk of dropping out of school.''.
SEC. 138. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
Section 1422 (20 U.S.C. 6452) is amended--
(1) in subsection (a), by striking ``retained'';
(2) by amending subsection (b) to read as follows:
``(b) Special Rule.--A local educational agency which includes a
correctional facility that operates a school is not required to operate
a program of support for children returning from such school to a
school not operated by a correctional agency but served by such local
educational agency if more than 30 percent of the youth attending the
school operated by the correctional facility will reside outside the
boundaries of the local educational agency after leaving such
facility.''; and
(3) by adding at the end the following:
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies under this
subpart shall be designed primarily to meet the transitional and
academic needs of students returning to local educational agencies or
alternative education programs from correctional facilities. Services
to students at risk of dropping out of school shall not have a negative
impact on meeting the transitional and academic needs of the students
returning from correctional facilities.''.
SEC. 139. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 (20 U.S.C. 6453) is amended by striking paragraphs (4)
through (9) and inserting the following:
``(4) a description of the program operated by participating
schools for children returning from correctional facilities and
the types of services that such schools will provide such youth
and other at-risk youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
special needs) of the youth who will be returning from
correctional facilities and, as appropriate, other at-risk
youth expected to be served by the program and how the school
will coordinate existing educational programs to meet the
unique educational needs of such youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities, students at risk of dropping out of school, and
other participating students, including prenatal health care
and nutrition services related to the health of the parent and
child, parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to community
resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships with
local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how programs will
involve parents in efforts to improve the educational
achievement of their children, prevent the involvement of their
children in delinquent activities, and encourage their children
to remain in school and complete their education;
``(9) a description of how the program under this subpart
will be coordinated with other Federal, State, and local
programs, such as job training programs and vocational and
technical education programs serving this at-risk population of
youth.''.
SEC. 140. USES OF FUNDS.
Section 1424 (20 U.S.C. 6454) is amended by striking paragraphs (1)
through (3) and inserting the following:
``(1) programs that serve youth returning from correctional
facilities to local schools, to assist in the transition of
such youth to the school environment and help them remain in
school in order to complete their education;
``(2) providing assistance to other youth at risk of dropping
out of school, including pregnant and parenting teenagers;
``(3) the coordination of social, health, and other services,
including day care, for participating youth, if the provision
of such services will improve the likelihood that such youth
will complete their education;
``(4) special programs to meet the unique academic needs of
participating youth, including vocational and technical
education, special education, career counseling, curriculum-
based youth entrepreneurship education, and assistance in
securing student loans or grants for postsecondary education;
and
``(5) programs providing mentoring and peer mediation.''.
SEC. 141. PROGRAM REQUIREMENTS.
Section 1425 (20 U.S.C. 6455) is amended--
(1) in the section heading, by striking ``THIS SECTION'' and
inserting ``THIS SUBPART'';
(2) in the matter preceding paragraph (1), by striking ``this
section'' and inserting ``this subpart'';
(3) in paragraph (1), by striking ``where feasible, ensure
educational programs'' and inserting ``to the extent
practicable, ensure that educational programs'';
(4) in paragraphs (3) and (8), by striking ``where
feasible,'' and inserting ``to the extent practicable,'';
(5) in paragraph (9)--
(A) by striking ``this program'' and inserting ``this
subpart'';
(B) by inserting ``and technical'' after
``vocational''; and
(C) by striking ``title I of the Workforce Investment
Act of 1998'' and inserting ``other job training
programs'';
(6) in paragraph (10), by inserting ``(42 U.S.C. 5601 et
seq.)'' after ``Juvenile Justice and Delinquency Prevention Act
of 1974''; and
(7) by amending paragraph (11) to read as follows:
``(11) if appropriate, work with local businesses to develop
training, curriculum-based youth entrepreneurship education,
and mentoring programs for youth.''.
SEC. 142. PROGRAM EVALUATIONS.
Section 1431(a) (20 U.S.C. 6471(a)) is amended by striking ``sex, and
if feasible,'' and inserting ``gender,''.
PART E--FEDERAL EVALUATIONS AND DEMONSTRATIONS
SEC. 151. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended to read as follows:
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--
``(1) In general.--In accordance with this section, the
Secretary shall conduct a national assessment of programs
assisted under this title.
``(2) Issues to be examined.--In conducting the assessment
under this subsection, the Secretary shall examine--
``(A) the implementation of programs assisted under
this title and the impact of such implementation on
increasing student academic achievement, particularly
schools with high concentrations of children living in
poverty;
``(B) the implementation of State standards,
assessments, and accountability systems developed under
this title and the impact of such implementation on
educational programs and instruction at the local
level;
``(C) the impact of schoolwide programs and targeted
assistance programs under this title on improving
student academic achievement;
``(D) the extent to which varying models of
comprehensive school reform are funded under this
title, and the effect of the implementation of such
models on improving achievement of disadvantaged
students;
``(E) the costs as compared to the benefits of the
activities assisted under this title;
``(F) the impact of school choice options under
section 1116 on the academic achievement of
disadvantaged students, on schools in school
improvement, and on schools from which students have
transferred under such options;
``(G) the extent to which actions authorized under
section 1116 of this title are employed by State and
local educational agencies to improve the academic
achievement of students in low-performing schools, and
the effectiveness of the implementation of such
actions;
``(H) the extent to which technical assistance made
available under this title is used to improve the
achievement of students in low-performing schools, and
the impact of such assistance on such achievement;
``(I) the extent to which State and local fiscal
accounting requirements under this title limit the
flexibility of schoolwide programs;
``(J) the impact of the professional development
activities assisted under this title on instruction and
student performance;
``(K) the extent to which the assistance made
available under this title is targeted to disadvantaged
students and schools that need them the most;
``(L) the effectiveness of Federal administration
assistance made available under this title, including
monitoring and technical assistance; and
``(M) such other issues as the Secretary considers
appropriate.
``(3) Sources of information.--In conducting the assessment
under this subsection, the Secretary shall use information from
a variety of sources, including the National Assessment of
Educational Progress (carried out under section 411 of the
National Education Statistics Act of 1994 (20 U.S.C. 9010)),
state evaluations, and other research studies.
``(4) Coordination.--In carrying out this subsection, the
Secretary shall--
``(A) coordinate conducting the national assessment
with conducting the longitudinal study described in
subsection (c); and
``(B) ensure that the independent review panel
described in subsection (d) participates in conducting
the national assessment, including planning for and
reviewing the assessment.
``(5) Reports.--
``(A) Interim report.--Not later than 3 years after
the date of enactment of the Leave No Child Behind Act
of 2001, the Secretary shall transmit to the President
and the Congress an interim report on the national
assessment conducted under this subsection.
``(B) Final report.--Not later than 4 years after the
date of enactment of the Leave No Child Behind Act of
2001, the Secretary shall transmit to the President and
the Congress a final report on the national assessment
conducted under this subsection.
``(b) Studies and Data Collection.--
``(1) In general.--In addition to other activities described
in this section, the Secretary may, directly or through the
making of grants to or contracts with appropriate entities--
``(A) conduct studies and evaluations of the need
for, and effectiveness of, each program authorized
under this title;
``(B) collect the data necessary to comply with the
Government Performance and Results Act of 1993; and
``(C) provide guidance and technical assistance to
State educational agencies and local educational
agencies in developing and maintaining management
information systems through which such agencies can
develop program performance indicators in order to
improve services and performance.
``(2) Minimum information.--Under this subsection, the
Secretary shall collect, at a minimum, trend information on the
effect of each program authorized under this title, which shall
complement the data collected and reported under subsections
(a) and (c).
``(c) National Longitudinal Study.--
``(1) In general.--The Secretary shall conduct a longitudinal
study of schools receiving assistance under this title.
``(2) Issues to be examined.--In carrying out this
subsection, the Secretary shall ensure that the study referred
to in paragraph (1) provides the Congress and educators with
each of the following:
``(A) An accurate description and analysis of short-
term and long-term effectiveness of the assistance made
available under this title upon academic performance.
``(B) Information that can be used to improve the
effectiveness of the assistance made available under
this title in enabling students to meet challenging
achievement standards.
``(C) An analysis of educational practices or model
programs that are effective in improving the
achievement of disadvantaged children.
``(D) An analysis of the costs as compared to the
benefits of the assistance made available under this
title in improving the achievement of disadvantaged
children.
``(E) An analysis of the effects of the availability
of school choice options under section 1116 on the
academic achievement of disadvantaged students, on
schools in school improvement, and on schools from
which students have transferred under such options.
``(F) Such other information as the Secretary
considers appropriate.
``(3) Scope.--In conducting the study referred to in
paragraph (1), the Secretary shall ensure that the study--
``(A) bases its analysis on a nationally
representative sample of schools participating in
programs under this part;
``(B) to the extent practicable, includes in its
analysis students who transfer to different schools
during the course of the study; and
``(C) analyzes varying models or strategies for
delivering school services, including--
``(i) schoolwide and targeted services; and
``(ii) comprehensive school reform models.
``(d) Independent Review Panel.--
``(1) In general.--The Secretary shall establish an
independent review panel (in this subsection referred to as the
`Review Panel') to advise the Secretary on methodological and
other issues that arise in carrying out subsections (a) and
(c).
``(2) Appointment of members.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall appoint members of the Review Panel
from among qualified individuals who are--
``(i) specialists in statistics, evaluation,
research, and assessment;
``(ii) education practitioners, including
teachers, principals, and local and State
superintendents; and
``(iii) other individuals with technical
expertise who would contribute to the overall
rigor and quality of the program evaluation.
``(B) Limitations.--In appointing members of the
Review Panel under this subparagraph (A), the Secretary
shall ensure that--
``(i) in order to ensure diversity, a
majority of the number of individuals appointed
under subparagraph (A)(i) represent disciplines
or programs outside the field of education; and
``(ii) the total number of the individuals
appointed under subparagraph (A)(ii) or
(A)(iii) does not exceed \1/3\ of the total
number of the individuals appointed under this
paragraph.
``(3) Functions.--The Review Panel shall consult with and
advise the Secretary--
``(A) to ensure that the assessment conducted under
subsection (a) and the study conducted under subsection
(c)--
``(i) adhere to the highest possible
standards of quality with respect to research
design, statistical analysis, and the
dissemination of findings; and
``(ii) use valid and reliable measures to
document program implementation and impacts;
and
``(B) to ensure--
``(i) that the final report described in
subsection (a)(5)(B) is reviewed not later than
120 days after its completion by not less than
2 independent experts in program evaluation;
``(ii) that such experts evaluate and comment
on the degree to which the report complies with
subsection (a); and
``(iii) that the comments of such experts are
transmitted with the report under subsection
(a)(5)(B).''.
SEC. 152. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
(a) In General.--Section 1502 (20 U.S.C. 6492) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking in subsection (a) ``(2) Evaluation.--The
Secretary'' and inserting ``(b) Evaluation.--The Secretary''
and by moving such subsection (b) 2 ems to the left;
(3) by striking in subsection (a) ``Such projects shall
include promising'' and all that follows through ``career
guidance opportunities.'';
(4) by striking ``student performance standards'' and
inserting ``student achievement standards'';
(5) by inserting ``academic'' after ``to meet challenging
State''; and
(6) by striking ``(a) Demonstration Programs'' and all that
follows through ``In general.--From the'' and inserting ``(a)
In General.--From the''.
SEC. 153. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM; DROPOUT REPORTING.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is
further amended by adding at the end the following:
``SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM
``(a) Findings.--Congress finds the following:
``(1) It is a worthwhile goal to ensure that all students in
America are prepared for responsible citizenship and that all
students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued improvement
of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people. Senator
Ellender provided valuable support and encouragement to the
Close Up Foundation, a nonpartisan, nonprofit foundation
promoting knowledge and understanding of the Federal Government
among young people and educators. Therefore, it is a fitting
and appropriate tribute to Senator Ellender to provide
fellowships in his name to students of limited economic means
and the teachers who work with such students, so that such
students and teachers may participate in the programs supported
by the Close Up Foundation.
``(4) The Close Up Foundation is a nonpartisan, nonprofit,
education foundation promoting civic responsibility and
knowledge and understanding of the Federal Government among
young people and educators. The Congress has consistently
supported the Close Up Foundation's work with disadvantaged
young people and their educators through the Allen J. Ellender
Fellowship Program. Therefore, it is fitting and appropriate to
continue support under the successor Ellender-Close Up
Fellowship Program to students of limited economic means and
the teachers who work with such students, so that such students
and teachers may participate in the programs supported by the
Close Up Foundation.
``(b) Program for Middle and Secondary School Students.--
``(1) Establishment.--
``(A) General authority.--In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of
assisting the Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among middle
and secondary school students.
``(B) Use of funds.--Grants under this subsection
shall be used only to provide financial assistance to
economically disadvantaged students who participate in
the program described in subparagraph (A). Financial
assistance received pursuant to this subsection by such
students shall be known as Ellender-Close Up
fellowships.
``(2) Applications.--
``(A) Application required.--No grant under this
subsection may be made except upon an application at
such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(B) Contents of application.--Each application
submitted under this paragraph shall contain provisions
to assure--
``(i) that fellowship grants are made to
economically disadvantaged middle and secondary
school students;
``(ii) that every effort will be made to
ensure the participation of students from rural
and small town areas, as well as from urban
areas, and that in awarding fellowships to
economically disadvantaged students, special
consideration will be given to the
participation of students with special
educational needs, including students with
disabilities, ethnic minority students, recent
immigrants, and gifted and talented students;
and
``(iii) the proper disbursement of the funds
received under this subsection.
``(c) Program for Middle and Secondary School Teachers.--
``(1) Establishment.--
``(A) General authority.--In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of
assisting the Close Up Foundation in carrying out its
programs of professional development for middle and
secondary school teachers and to promote greater civic
understanding and responsibility among the students of
such teachers.
``(B) Use of funds.--Grants under this subsection
shall be used only for financial assistance to teachers
who participate in the program described in
subparagraph (A). Financial assistance received
pursuant to this subpart by such individuals shall be
known as Ellender-Close Up fellowships.
``(2) Applications.--
``(A) Application required.--No grant under this
subsection may be made except upon an application at
such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(B) Contents of application.--Each application
submitted under this paragraph shall contain provisions
to assure--
``(i) that fellowship grants are made only to
teachers who have worked with at least one
student from such teacher's school who
participates in the programs described in
subsection (b);
``(ii) that no teacher in each school
participating in the programs assisted under
subsection (b) may receive more than one
fellowship in any fiscal year; and
``(iii) the proper disbursement of the funds
received under this subsection.
``(d) Programs for Recent Immigrants and Students of Migrant
Parents.--
``(1) Establishment.--
``(A) General authority.--In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of
assisting the Close Up Foundation in carrying out its
programs of increasing understanding of the Federal
Government among economically disadvantaged recent
immigrants and students of migrant parents.
``(B) Use of funds.--Grants under this subsection
shall be used for financial assistance to economically
disadvantaged older Americans, recent immigrants and
students of migrant parents who participate in the
program described in subsection (a). Financial
assistance received pursuant to this subpart by such
individuals shall be known as Ellender-Close Up
fellowships.
``(2) Applications.--
``(A) Application Required.--No grant under this
subsection may be made except upon application at such
time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(B) Contents of Application.--Each application
submitted under this paragraph shall contain
provisions--
``(i) to assure that fellowship grants are
made to economically disadvantaged recent
immigrants and students of migrant parents;
``(ii) to assure that every effort will be
made to ensure the participation of recent
immigrants and students of migrant parents from
rural and small town areas, as well as from
urban areas, and that in awarding fellowships,
special consideration will be given to the
participation of recent immigrants and students
of migrant parents with special needs,
including individuals with disabilities, ethnic
minorities, and gifted and talented students;
``(iii) that fully describe the activities to
be carried out with the proceeds of the grant;
and
``(iv) to assure the proper disbursement of
the funds received under this subsection.
``(e) General Provisions.--
``(1) Administrative provisions.--
``(A) General rule.--Payments under this section may
be made in installments, in advance, or by way of
reimbursement, with necessary adjustments on account of
underpayment or overpayment.
``(B) Audit rule.--The Comptroller General of the
United States or any of the Comptroller General's duly
authorized representatives shall have access for the
purpose of audit and examination to any books,
documents, papers, and records that are pertinent to
any grant under this section.
``(f) Limitation.--Of the funds appropriated to carry out this
section under section 1002, the Secretary may use not more than 30
percent to carry out subsection (c) of this section.
``SEC. 1504. DROPOUT REPORTING.
``State educational agencies receiving funds under this title shall
annually report to the National Center on Education Statistics
(established under section 403 of the National Education Statistics Act
of 1994 (20 U.S.C. 9002)) on the dropout rate of students in the State,
as defined for the Center's Common Core of Data.''.
(b) Continuation of Awards.--Notwithstanding any other provision of
this Act, any person or agency that was awarded a grant under part G of
title X (20 U.S.C. 8161 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award until the date on which the award period terminates under
such terms.
PART F--COMPREHENSIVE SCHOOL REFORM
SEC. 161. SCHOOL REFORM.
Part F of title I is amended to read as follows:
``PART F--COMPREHENSIVE SCHOOL REFORM
``SEC. 1601. COMPREHENSIVE SCHOOL REFORM.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds the following:
``(A) A number of schools across the country have
shown impressive gains in student performance through
the use of comprehensive models for schoolwide change
that incorporate virtually all aspects of school
operations.
``(B) No single comprehensive school reform model may
be suitable for every school, however, schools should
be encouraged to examine successful, externally
developed comprehensive school reform approaches as
they undertake comprehensive school reform.
``(C) Comprehensive school reform is an important
means by which children are assisted in meeting
challenging State student academic achievement
standards.
``(2) Purpose.--The purpose of this section is to provide
financial incentives for schools to develop comprehensive
school reforms, based upon scientifically-based research and
effective practices that include an emphasis on basic academics
and parental involvement so that all children can meet
challenging State content and academic achievement standards.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to provide
grants to State educational agencies to provide subgrants to
local educational agencies to carry out the purpose described
in subsection (a)(2).
``(2) Allocation.--
``(A) Reservation.--Of the amount appropriated under
this section, the Secretary may reserve--
``(i) not more than 1 percent for schools
supported by the Bureau of Indian Affairs and
in the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands;
``(ii) not more than 1 percent to conduct
national evaluation activities described under
subsection (e); and
``(iii) not more than 2 percent of the amount
appropriated in fiscal year 2002 to carry out
this part, for quality initiatives described
under subsection (f).
``(B) In general.--Of the amount of funds remaining
after the reservation under subparagraph (A), the
Secretary shall allocate to each State for a fiscal
year, an amount that bears the same ratio to the
remainder for that fiscal year as the amount made
available under section 1124 to the State for the
preceding fiscal year bears to the total amount
allocated under section 1124 to all States for that
year.
``(C) Reallocation.--If a State does not apply for
funds under this section, the Secretary shall
reallocate such funds to other States that do apply in
proportion to the amount allocated to such States under
subparagraph (B).
``(c) State Awards.--
``(1) State application.--
``(A) In general.--Each State educational agency that
desires to receive a grant under this section shall
submit an application to the Secretary at such time, in
such manner and containing such other information as
the Secretary may reasonably require.
``(B) Contents.--Each State application shall also
describe--
``(i) the process and selection criteria by
which the State educational agency, using
expert review, will select local educational
agencies to receive subgrants under this
section;
``(ii) how the agency will ensure that funds
under this part are used only for comprehensive
school reform programs that--
``(I) include each of the components
described in subsection (d)(2);
``(II) have the capacity to improve
the academic achievement of all
students in core academic subjects
within participating schools; and
``(III) are supported by technical
assistance providers that have a
successful track record, financial
stability, and the capacity to deliver
high-quality materials and professional
development for school personnel.
``(iii) how the agency will disseminate
materials regarding information on
comprehensive school reforms that are based on
scientifically-based research and effective
practices;
``(iv) how the agency will evaluate annually
the implementation of such reforms and measure
the extent to which the reforms resulted in
increased student academic performance; and
``(v) how the agency will provide, technical
assistance to the local educational agency or
consortia of local educational agencies, and to
participating schools, in evaluating,
developing, and implementing comprehensive
school reform.
``(2) Uses of funds.--
``(A) In general.--Except as provided in subparagraph
(E), a State educational agency that receives an award
under this section shall use such funds to provide
competitive grants to local educational agencies or
consortia of local educational agencies in the State
receiving funds under part A to support comprehensive
school reforms in schools eligible for funds under such
part.
``(B) Grant requirements.--A grant to a local
educational agency or consortium shall be--
``(i) of sufficient size and scope to support
the initial costs of the comprehensive school
reforms selected or designed by each school
identified in the application of the local
educational agency or consortium;
``(ii) in an amount not less than $50,000 to
each participating school; and
``(iii) renewable for two additional 1-year
periods after the initial 1-year grant is made
if schools are making substantial progress in
the implementation of their reforms.
``(C) Priority.--The State, in awarding grants under
this paragraph, shall give priority to local
educational agencies that--
``(i) plan to use the funds in schools
identified as being in need of improvement or
corrective action under section 1116(c); or
``(ii) demonstrate a commitment to assist
schools with budget allocation, professional
development, and other strategies necessary to
ensure the comprehensive school reforms are
properly implemented and are sustained in the
future.
``(D) Grant consideration.--In making subgrant awards
under this part, the State educational agency shall
take into account the equitable distribution of awards
to different geographic regions within the State,
including urban and rural areas, and to schools serving
elementary and secondary students.
``(E) Administrative costs.--A State educational
agency that receives a grant award under this section
may reserve not more than 5 percent of such award for
administrative, evaluation, and technical assistance
expenses.
``(F) Supplement.--Funds made available under this
section shall be used to supplement, not supplant, any
other Federal, State, or local funds that would
otherwise be available to carry out this section.
``(3) Reporting.--Each State educational agency that receives
an award under this section shall provide to the Secretary such
information as the Secretary may require, including the names
of local educational agencies and schools selected to receive
subgrant awards under this section, the amount of such award, a
description of the comprehensive school reforms selected and in
use and a copy of the State's annual evaluation of the
implementation of comprehensive school reforms supported under
this part and student achievement results.
``(d) Local Awards.--
``(1) In general.--Each local educational agency or
consortium that applies for a subgrant under this section
shall--
``(A) identify which schools eligible for funds under
part A plan to implement a comprehensive school reform
program, including the projected costs of such a
program;
``(B) describe the comprehensive school reforms based
on scientifically-based research and effective
practices that such schools will implement;
``(C) describe how the agency or consortium will
provide technical assistance and support for the
effective implementation of the school reforms based on
scientifically-based research and effective practices
selected by such schools; and
``(D) describe how the agency or consortium will
evaluate the implementation of such reforms and measure
the results achieved in improving student academic
performance.
``(2) Components of the program.--A local educational agency
that receives a subgrant award under this section shall provide
such funds to schools that implement a comprehensive school
reform program that--
``(A) employs proven strategies and proven methods
for student learning, teaching, and school management
that are based on scientifically-based research and
effective practices and have been replicated
successfully in similar schools;
``(B) integrates a comprehensive design for effective
school functioning, including instruction, assessment,
classroom management, professional development,
parental involvement, and school management, that
aligns the school's curriculum, technology, and
professional development into a comprehensive reform
plan for schoolwide change designed to enable all
students to meet challenging State content and
challenging student performance standards and addresses
needs identified through a school needs assessment;
``(C) provides high-quality and continuous teacher
and staff professional development;
``(D) includes measurable goals for student
performance and benchmarks for meeting such goals;
``(E) is supported by teachers, principals,
administrators, and other professional staff;
``(F) provides for the meaningful involvement of
parents and the local community in planning and
implementing school improvement activities;
``(G) uses high quality external technical support
and assistance from an entity, which may be an
institution of higher education, with experience and
expertise in schoolwide reform and improvement;
``(H) includes a plan for the annual evaluation of
the implementation of school reforms and the student
results achieved;
``(I) identifies how other resources, including
Federal, State, local, and private resources, available
to the school will be used to coordinate services to
support and sustain the school reform effort; and
``(J)(i) has been found, through rigorous field
experiments in multiple sites, to significantly improve
the academic performance of students participating in
such activity or program as compared to similar
students in similar schools, who have not participated
in such activity or program; or
``(ii) has been found to have strong evidence that
such model will significantly improve the performance
of participating children.
``(3) Special rule.--A school that receives funds to develop
a comprehensive school reform program shall not be limited to
using nationally available approaches, but may develop its own
comprehensive school reform program for schoolwide change that
complies with paragraph (2).
``(e) Evaluation and Report.--
``(1) In general.--The Secretary shall develop a plan for a
national evaluation of the programs developed pursuant to this
section.
``(2) Evaluation.--This national evaluation shall evaluate
the implementation and results achieved by schools after 3
years of implementing comprehensive school reforms, and assess
the effectiveness of comprehensive school reforms in schools
with diverse characteristics.
``(3) Reports.--Prior to the completion of a national
evaluation, the Secretary shall submit an interim report
outlining first year implementation activities to the
Committees on Education and the Workforce and Appropriations of
the House of Representatives and the Committees on Health,
Education, Labor, and Pensions and Appropriations of the
Senate.
``(f) Quality Initiatives.--The Secretary, through grants or
contracts, shall provide funds for the following activities:
``(1) Technical assistance.--A joint public and private
partnership that receives matching funds from private
organizations, in order to assist States, local educational
agencies, and schools in making informed decisions when
approving or selecting providers of comprehensive school
reform, consistent with the requirements described in
subsection (d)(3).
``(2) Other activities.--Other activities that--
``(A) encourage the development of comprehensive
reform models;
``(B) build the capacity of comprehensive school
reform providers to increase the number of schools the
providers can serve; and
``(C) ensure that schools served receive high quality
services that meet the needs of their teachers and
students.''.
PART G--RURAL EDUCATION FLEXIBILITY AND ASSISTANCE
SEC. 171. RURAL EDUCATION.
Title I is amended by adding at the end the following new part:
``PART G--RURAL EDUCATION FLEXIBILITY AND ASSISTANCE
``SEC. 1701. SHORT TITLE.
``This part may be cited as the `Rural Education Initiative Act'.
``SEC. 1702. FINDINGS.
``Congress finds the following:
``(1) While there are rural education initiatives identified
at the State and local level, no Federal education policy
focuses on the specific and unique needs of rural school
districts and schools.
``(2) Small school districts often cannot use Federal grant
funds distributed by formula because the formula allocation
does not provide enough revenue to carry out the program the
grant is intended to fund.
``(3) Rural schools often cannot compete for Federal funding
distributed by competitive grants because the schools lack the
personnel needed to prepare grant applications and the
resources to hire specialists in the writing of Federal grant
proposals.
``(4) A critical problem for rural school districts involves
the hiring and retention of qualified administrators and
certified teachers (especially in reading, science, and
mathematics). As a result, teachers in rural schools are almost
twice as likely to provide instruction in three or more subject
areas than teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
``Subpart 1--Rural Education Flexibility
``SEC. 1711. FORMULA GRANT PROGRAM AUTHORIZED.
``(a) Alternative Uses.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible local educational agency may use the
applicable funding, that the agency is eligible to receive from
the State educational agency for a fiscal year, to carry out
local activities authorized in part A of title I, part A of
title II, part A of title III, part A of title IV, or part A or
B of title V.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding in
accordance with paragraph (1) not later than a date that is
established by the State educational agency for the
notification.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is less than 600; and
``(ii) all of the schools served by the local
educational agency are designated with a school locale
code of 7 or 8 as determined by the Secretary of
Education; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
or not to waive the criteria described in paragraph (1)(A)(ii)
based on a demonstration by a local educational agency and
concurrence by the State educational agency that the local
educational agency is located in an area defined as rural by a
governmental agency of the State.
``(c) Applicable Funding.--In this section, the term `applicable
funding' means funds provided under part A of title II, section 3106,
part A of title IV, part A of title V, and section 5212(2)(A).
``(d) Disbursement.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the applicable
funding to local educational agencies for alternative uses under this
section for the fiscal year at the same time that the State educational
agency disburses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Supplement Not Supplant.--Funds used under this section shall
be used to supplement and not supplant any other Federal, State, or
local education funds that would otherwise be available for the purpose
of this subpart.
``(f) Applicable Rule.--Except as otherwise provided in this subpart,
funds transferred under this subpart are subject to each of the rules
and requirements applicable to the funds allocated by the Secretary
under the provision to which the transferred funds are transferred.
``SEC. 1712. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible local educational agencies under section 1711(b) to enable the
local educational agencies to support local or statewide education
reform efforts intended to improve the academic achievement of
elementary school and secondary school students and the quality of
instruction provided for the students.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant to an eligible local educational
agency under section 1711(b) for a fiscal year in an amount
equal to the initial amount determined under paragraph (2) for
the fiscal year minus the total amount received under the
provisions of law described under section 1711(c) for the
preceding fiscal year.
``(2) Determination of the initial amount.--The initial
amount referred to in paragraph (1) is equal to $100 multiplied
by the total number of students, over 50 students, in average
daily attendance in such eligible agency plus $20,000, except
that the initial amount may not exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available for
this subpart for any fiscal year is not sufficient to
pay in full the amounts that local educational agencies
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such amounts
for such year.
``(B) Additional amounts.--If additional funds become
available for making payments under paragraph (1) for
such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis
as such payments were reduced.
``(4) Census determination.--
``(A) In general.--Each local educational agency
desiring a grant under this section shall conduct a
census not later than December 1 of each year to
determine the number of kindergarten through grade 12
students in average daily attendance at the schools
served by the local educational agency.
``(B) Submission.--Each local educational agency
shall submit the number described in subparagraph (A)
to the Secretary not later than March 1 of each year.
``(c) Disbursal.--The Secretary shall disburse the funds awarded to a
local educational agency under this section for a fiscal year not later
than July 1 of that year.
``(d) Special Rule.--A local educational agency that is eligible to
receive a grant under this subpart for a fiscal year shall be
ineligible to receive funds for such fiscal year under subpart 2.
``(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other Federal,
State, or local education funds.
``SEC. 1713. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses or
receives funds under section 1711 or 1712 for a fiscal year
shall administer an assessment consistent with section 1111.
``(2) Special rule.--Each local educational agency that uses
or receives funds under section 1711 or 1712 shall use the same
assessment described in paragraph (1) for each year of
participation in the program under such section.
``(b) State Educational Agency Determination Regarding Continuing
Participation.--Each State educational agency that receives funding
under the provisions of law described in section 1711(c) shall--
``(1) after the second year that a local educational agency
participates in a program under section 1711 or 1712 and on the
basis of the results of the assessments described in subsection
(a), determine whether the schools served by the local
educational agency participating in the program performed in
accordance with section 1111; and
``(2) only permit those local educational agencies that so
participated and make adequate yearly progress, as described in
section 1111(b)(2), to continue to so participate.
``Subpart 2--Rural Education Assistance
``SEC. 1721. PROGRAM AUTHORIZED.
``(a) Reservations.--From amounts appropriated under section 1002(f)
for this subpart for a fiscal year, the Secretary shall reserve \1/2\
of 1 percent to make awards to elementary or secondary schools operated
or supported by the Bureau of Indian Affairs to carry out the purpose
of this subpart.
``(b) Grants to States.--
``(1) In general.--From amounts appropriated under section
1002(f) for this subpart that are not reserved under subsection
(a), the Secretary shall award grants for a fiscal year to
State educational agencies that have applications approved
under section 1723 to enable the State educational agencies to
award subgrants to eligible local educational agencies for
local authorized activities described in subsection (c)(2).
``(2) Allocation.--From amounts appropriated for this
subpart, the Secretary shall allocate to each State educational
agency for a fiscal year an amount that bears the same ratio to
the amount of funds appropriated under section 1002(f) for this
subpart that are not reserved under subsection (a) as the
number of students in average daily attendance served by
eligible local educational agencies in the State bears to the
number of all such students served by eligible local
educational agencies in all States for that fiscal year.
``(3) Direct awards to specially qualified agencies.--
``(A) Nonparticipating state.--If a State educational
agency elects not to participate in the program under
this subpart or does not have an application approved
under section 1723 a specially qualified agency in such
State desiring a grant under this subpart shall submit
an application under such section directly to the
Secretary to receive an award under this subpart.
``(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a competitive
basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to
specially qualified agencies in the State.
``(c) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this subpart if--
``(A) 20 percent or more of the children aged 5 to
17, inclusive, served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
designated with a school code of 6, 7, or 8 as
determined by the Secretary of Education.
``(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
subpart shall be used for--
``(A) teacher recruitment and retention, including
the use of signing bonuses and other financial
incentives;
``(B) teacher professional development, including
programs that train teachers to utilize technology to
improve teaching and to train special needs teachers;
``(C) educational technology, including software and
hardware as described in part B of title V;
``(D) parental involvement activities; or
``(E) programs to improve student academic
achievement.
``SEC. 1722. STATE DISTRIBUTION OF FUNDS.
``(a) Award Basis.--A State educational agency shall award grants to
eligible local educational agencies--
``(1) on a competitive basis; or
``(2) according to a formula based on the number of students
in average daily attendance served by the eligible local
educational agencies or schools (as appropriate) in the State,
as determined by the State.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this subpart may not use more than 5 percent of the amount
of the grant for State administrative costs.
``SEC. 1723. APPLICATIONS.
``Each State educational agency and specially qualified agency
desiring to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. Such
application shall include specific measurable goals and objectives
relating to increased student academic achievement, decreased student
dropout rates, or such other factors that the State educational agency
or specially qualified agency may choose to measure.
``SEC. 1724. REPORTS.
``(a) State Reports.--Each State educational agency that receives a
grant under this subpart shall provide an annual report to the
Secretary. The report shall describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this subpart;
``(2) how local educational agencies and schools used funds
provided under this subpart; and
``(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 1723.
``(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this subpart shall provide an annual
report to the Secretary. Such report shall describe--
``(1) how such agency uses funds provided under this subpart;
and
``(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 1723.
``(c) Report to Congress.--The Secretary shall prepare and submit to
the Committee on Education and the Workforce for the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions for the Senate an annual report. The report shall describe--
``(1) the methods the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this subpart;
``(2) how eligible local educational agencies and schools
used funds provided under this subpart; and
``(3) progress made in meeting specific measurable
educational goals and objectives.
``SEC. 1725. PERFORMANCE REVIEW.
``Three years after a State educational agency or specially qualified
agency receives funds under this part, the Secretary shall review the
progress of such agency toward achieving the goals and objectives
included in its application, to determine whether the agency has made
progress toward meeting such goals and objectives. To review the
performance of each agency, the Secretary shall--
``(1) review the use of funds of such agency under section
1721(c)(2); and
``(2) deny the provision of additional funds in subsequent
fiscal years to an agency only if the Secretary determines,
after notice and an opportunity for a hearing, that the
agency's use of funds has been inadequate to justify
continuation of such funding.
``SEC. 1726. DEFINITIONS.
``In this subpart--
``(1) The term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(2) The term `specially qualified agency' means an eligible
local educational agency, located in a State that does not
participate in a program under this subpart in a fiscal year,
that may apply directly to the Secretary for a grant in such
year under section 1721(b)(3)(A).
``Subpart 3--General Provisions
``SEC. 1731. DEFINITION.
``In this part, the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.''.
PART H--GENERAL PROVISIONS OF TITLE I
SEC. 181. GENERAL PROVISIONS.
Title I is amended further by adding at the end the following:
``PART H--GENERAL PROVISIONS
``SEC. 1801. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue such
regulations as are necessary to ensure reasonable compliance with this
title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Prior to publishing in the Federal
Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators,
parents, teachers, paraprofessionals, and members of local
boards of education involved with the implementation and
operation of programs under this title.
``(2) Meetings and electronic exchange.--Such advice and
recommendation may be obtained through such mechanisms as
regional meetings and electronic exchanges of information.
``(3) Proposed regulations.--After obtaining such advice and
recommendations, and prior to publishing proposed regulations,
the Secretary shall--
``(A) establish a negotiated rulemaking process on a
minimum of three key issues, including--
``(i) accountability;
``(ii) implementation of assessments; and
``(iii) use of paraprofessionals;
``(B) select individuals to participate in such
process from among individuals or groups which provided
advice and recommendations, including representation
from all geographic regions of the United States; and
``(C) prepare a draft of proposed regulations that
shall be provided to the individuals selected by the
Secretary under subparagraph (B) not less than 15 days
prior to the first meeting under such process.
``(4) Process.--Such process--
``(A) shall be conducted in a timely manner to ensure
that final regulations are issued by the Secretary not
later than 1 year after the date of the enactment of
the No Child Left Behind Act of 2001; and
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions
of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561
et seq.).
``(5) Emergency situation.--In an emergency situation in
which regulations to carry out this title must be issued within
a very limited time to assist State and local educational
agencies with the operation of a program under this title, the
Secretary may issue proposed regulations without following such
process but shall, immediately thereafter and prior to issuing
final regulations, conduct regional meetings to review such
proposed regulations.
``(c) Limitation.--Regulations to carry out this part may not require
local programs to follow a particular instructional model, such as the
provision of services outside the regular classroom or school program.
``SEC. 1802. AGREEMENTS AND RECORDS.
``(a) Agreements.--All published proposed regulations shall conform
to agreements that result from negotiated rulemaking described in
section 1801 unless the Secretary reopens the negotiated rulemaking
process or provides a written explanation to the participants involved
in the process explaining why the Secretary decided to depart from and
not adhere to such agreements.
``(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations process
is maintained.
``SEC. 1803. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under this
title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes
of this title and provide any such proposed rules,
regulations, and policies to the committee of
practitioners under subsection (b) for their review and
comment;
``(B) minimize such rules, regulations, and policies
to which their local educational agencies and schools
are subject;
``(C) eliminate or modify State and local fiscal
accounting requirements in order to facilitate the
ability of schools to consolidate funds under
schoolwide programs; and
``(D) identify any such rule, regulation, or policy
as a State-imposed requirement.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the challenging State
student academic achievement standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency shall create
a State committee of practitioners to advise the State in
carrying out its responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives
from local educational agencies;
``(B) administrators, including the administrators of
programs described in other parts of this title;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) pupil services personnel.
``(3) Duties.--The duties of such committee shall include a
review, prior to publication, of any proposed or final State
rule or regulation pursuant to this title. In an emergency
situation where such rule or regulation must be issued within a
very limited time to assist local educational agencies with the
operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation prior to issuance in final form.
``SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION.
``(a) Local Administrative Cost Limitation.--Each local educational
agency may use not more than 4 percent of funds received under part A
for administrative expenses.
``(b) Regulations.--The Secretary, after consulting with State and
local officials and other experts in school finance, shall develop and
issue regulations that define the term administrative cost for purposes
of this title. Such definition shall be consistent with generally
accepted accounting principles. The Secretary shall publish final
regulations on this section not later than 1 year after the date of the
enactment of the No Child Left Behind Act of 2001.
``SEC. 1805. APPLICABILITY.
``Nothing in this title shall be construed to affect home schools nor
shall any home schooled student be required to participate in any
assessment referenced in this title.
``SEC. 1806. PRIVATE SCHOOLS.
``Nothing in this title shall be construed to affect any private
school that does not receive funds or services under this title, nor
shall any student who attends a private school that does not receive
funds or services under this title be required to participate in any
assessment referenced in this title.
``SEC. 1807. PRIVACY OF ASSESSMENT RESULTS.
``Any results from individual assessments referenced in this title
which become part of the education records of the student shall have
the protections as provided in section 444 of the General Education
Provisions Act.''.
TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING FUND.
Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:
``TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
``PART A--TEACHER QUALITY TRAINING AND RECRUITING FUND
``SEC. 2001. PURPOSE.
``The purpose of this part is to provide grants to States and local
educational agencies in order to assist their efforts to increase
student academic achievement through such strategies as improving
teacher and principal quality and increasing the number of highly
qualified teachers in the classroom.
``Subpart 1--Grants to States to Prepare, Train, and Recruit Qualified
Teachers
``SEC. 2011. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State that in accordance with
section 2013 submits to the Secretary an application for a fiscal year,
the Secretary shall make a grant for the year to the State for the uses
specified in section 2012. The grant shall consist of the allotment
determined for the State under subsection (b).
``(b) Determination of Amount of Allotments.--
``(1) Reservation of funds.--From the amount made available
to carry out this subpart for any fiscal year, the Secretary
shall reserve--
``(A) \1/2\ of 1 percent for allotments for the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, to be
distributed among these outlying areas on the basis of
their relative need, as determined by the Secretary in
accordance with the purpose of this part; and
``(B) \1/2\ of 1 percent for the Secretary of the
Interior for programs under this subpart for
professional development activities for teachers, other
staff, and administrators in schools operated or funded
by the Bureau of Indian Affairs.
``(2) State allotments.--
``(A) Hold harmless.--
``(i) In general.--Subject to subparagraph
(B), from the total amount made available to
carry out this subpart for any fiscal year and
not reserved under paragraph (1), the Secretary
shall allot to each of the 50 States, the
District of Columbia, and the Commonwealth of
Puerto Rico an amount equal to the total amount
that such State received for fiscal year 2001
under--
``(I) section 2202(b) of this Act (as
in effect on the day before the date of
the enactment of the No Child Left
Behind Act of 2001); and
``(II) section 306 of the Department
of Education Appropriations Act, 2001
(as enacted into law by section 1(a)(1)
of Public Law 106-554).
``(ii) Nonparticipating states.--In the case
of a State that did not receive any funds for
fiscal year 2001 under one or both of the
provisions referred to in subclauses (I) and
(II) of clause (i), the amount allotted to the
State under such clause shall be the total
amount that the State would have received for
fiscal year 2001 if it had elected to
participate in all of the programs for which it
was eligible under each of the provisions
referred to in such subclauses.
``(iii) Ratable reduction.--If the total
amount made available to carry out this subpart
for any fiscal year and not reserved under
paragraph (1) is insufficient to pay the full
amounts that all States are eligible to receive
under clause (i) for any fiscal year, the
Secretary shall ratably reduce such amounts for
such fiscal year.
``(B) Allotment of additional funds.--
``(i) In general.--Subject to clause (ii),
for any fiscal year for which the total amount
made available to carry out this subpart and
not reserved under paragraph (1) exceeds the
total amount required to make allotments under
subparagraph (A), the Secretary shall allot
such excess amount among the 50 States, the
District of Columbia, and the Commonwealth of
Puerto Rico as follows:
``(I) 50 percent of such excess
amount shall be allotted among such
States on the basis of their relative
populations of individuals aged 5
through 17, as determined by the
Secretary on the basis of the most
recent satisfactory data.
``(II) 50 percent of such excess
amount shall be allotted among such
States in proportion to the number of
children, aged 5 to 17, who reside
within the State from families with
incomes below the poverty line (as
defined by the Office of Management and
Budget and revised annually in
accordance with section 673(2) of the
Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family
of the size involved for the most
recent fiscal year for which
satisfactory data are available,
compared to the number of such
individuals who reside in all such
States for that fiscal year.
``(ii) Exception.--No State receiving an
allotment under clause (i) may receive less
than \1/2\ of 1 percent of the total excess
amount allotted under such clause.
``(3) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year, the
Secretary shall reallot such amount to the remaining States in
accordance with this subsection.
``SEC. 2012. WITHIN-STATE ALLOCATIONS.
``(a) Use of Funds.--Each State receiving a grant under this subpart
shall use the funds provided under the grant in accordance with this
section to carry out activities for the improvement of teaching and
learning.
``(b) Reservation of Funds.--
``(1) In general.--A State that receives a grant under this
subpart may reserve not more than 5 percent of the amount of
the funds provided under the grant for--
``(A) one or more of the authorized State activities
described in subsection (e); and
``(B) planning and administration related to carrying
out such activities and making subgrants to local
educational agencies under subparts 2 and 3.
``(2) Limitation on administrative costs.--The amount
reserved by a State under paragraph (1)(B) may not exceed 1
percent of the amount of the funds provided under the grant.
``(c) Subgrants to Local Educational Agencies.--
``(1) In general.--The Secretary may make a grant to a State
under this subpart only if the State agrees to distribute the
funds described in this subsection as subgrants to local
educational agencies under subpart 3.
``(2) Hold harmless.--
``(A) In general.--From the funds that a State
receives under this subpart for any fiscal year that
are not reserved under subsection (b), the State shall
allot to each local educational agency an amount equal
to the total amount that such agency received for
fiscal year 2001 under--
``(i) section 2203(1)(B) of this Act (as in
effect on the day before the date of the
enactment of the No Child Left Behind Act of
2001); and
``(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as enacted
into law by section 1(a)(1) of Public Law 106-
554).
``(B) Nonparticipating agencies.--In the case of a
local educational agency that did not receive any funds
for fiscal year 2001 under one or both of the
provisions referred to in clauses (i) and (ii) of
subparagraph (A), the amount allotted to the agency
under such subparagraph shall be the total amount that
the agency would have received for fiscal year 2001 if
it had elected to participate in all of the programs
for which it was eligible under each of the provisions
referred to in such clauses.
``(C) Ratable reduction.--If the funds described in
subparagraph (A) are insufficient to pay the full
amounts that all local educational agencies are
eligible to receive under such subparagraph for any
fiscal year, the State shall ratably reduce such
amounts for such fiscal year.
``(3) Allotment of additional funds.--
``(A) In general.--For any fiscal year for which the
funds that a State receives under this subpart that are
not reserved under subsection (b) exceed the total
amount required to make allotments under paragraph (2),
the State shall distribute the amount described in
subparagraph (B) through a formula under which--
``(i) 20 percent is allocated to local
educational agencies in accordance with the
relative enrollment in public and private
nonprofit elementary and secondary schools
within the boundaries of such agencies; and
``(ii) 80 percent is allocated to local
educational agencies in proportion to the
number of children, aged 5 to 17, who reside
within the geographic area served by such
agency from families with incomes below the
poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved for
the most recent fiscal year for which
satisfactory data are available, compared to
the number of such individuals who reside in
the geographic areas served by all the local
educational agencies in the State for that
fiscal year.
``(B) Calculation of amount.--
``(i) In general.--The amount described in
this subparagraph for a State for any fiscal
year is the base amount for such State and
year, plus any additional amount for such State
and year.
``(ii) Base amount.--For purposes of this
subparagraph, the term `base amount' means 50
percent of the funds that remain to a State
after a State makes the reservations described
in subsection (b) and the allotments described
in paragraph (2).
``(iii) Additional amount.--For purposes of
this subparagraph, the term `additional amount'
means the amount (if any) by which the base
amount for a State exceeds the maximum amount
described in subsection (d)(2)(B).
``(d) Math and Science Partnerships.--
``(1) In general.--The Secretary may make a grant to a State
under this subpart only if the State agrees to distribute the
amount described in paragraph (2) through a competitive
subgrant process in accordance with subpart 2.
``(2) Amount described.--
``(A) In general.--The amount described in this
paragraph for a State for any fiscal year is 50 percent
of the funds that the State receives under this subpart
for the year that remain after the State makes the
reservations described in subsection (b) and the
allotments described in subsection (c)(2).
``(B) Limitation.--In no case may the amount
described in this paragraph exceed a maximum amount
calculated by multiplying the total amount of the funds
that a State receives under this subpart for a fiscal
year that the State does not reserve under subsection
(b) by a percentage, selected by the State, that shall
be not less than 15 nor more than 20 percent.
``(e) Authorized State Activities.--The authorized State activities
referred to in subsection (b)(1)(A) are the following:
``(1) Reforming teacher certification, recertification, or
licensure requirements to ensure that--
``(A) teachers have the necessary teaching skills and
academic content knowledge in the subject areas in
which they are assigned to teach;
``(B) teacher certification, recertification, or
licensure requirements are aligned with the State's
challenging State academic content standards; and
``(C) teachers have the knowledge and skills
necessary to help students meet challenging State
student achievement standards.
``(2) Carrying out programs that--
``(A) include support during the initial teaching or
leadership experience, such as mentoring programs
that--
``(i) provide--
``(I) mentoring to beginning teachers
from veteran teachers with expertise in
the same subject matter that the
beginning teachers will be teaching; or
``(II) similar mentoring to
principals or superintendents;
``(ii) provide mentors time for activities
such as coaching, observing, and assisting the
teachers or school leaders who are mentored;
and
``(iii) use standards or assessments for
guiding beginning teachers that are consistent
with the State's student achievement standards
and with the requirements for professional
development activities under section 2033; and
``(B) establish, expand, or improve alternative
routes to State certification of teachers, especially
in the areas of mathematics and science, for highly
qualified individuals with a baccalaureate degree,
including mid-career professionals from other
occupations, paraprofessionals, former military
personnel, and recent college or university graduates
with records of academic distinction who demonstrate
the potential to become highly effective teachers.
``(3) Developing and implementing effective mechanisms to
assist local educational agencies and schools in effectively
recruiting and retaining highly qualified and effective
teachers and principals.
``(4) Reforming tenure systems and implementing teacher
testing and other procedures to expeditiously remove
ineffective teachers from the classroom.
``(5) Developing enhanced performance systems to measure the
effectiveness of specific professional development programs and
strategies.
``(6) Providing technical assistance to local educational
agencies consistent with this part.
``(7) Funding projects to promote reciprocity of teacher
certification or licensure between or among States, except that
no reciprocity agreement developed under this paragraph or
developed using funds provided under this part may lead to the
weakening of any State teaching certification or licensing
requirement.
``(8) Developing or assisting local educational agencies in
the development and utilization of proven, innovative
strategies to deliver intensive professional development
programs that are both cost-effective and easily accessible,
such as through the use of technology and distance learning.
``(9) Providing assistance to local educational agencies for
the development and implementation of innovative professional
development programs that train teachers to use technology to
improve teaching and learning and are consistent with the
requirements of section 2033.
``(10) Developing or assisting local educational agencies in
developing merit-based performance systems, rigorous
assessments for teachers, and strategies which provide
differential and bonus pay for teachers in high-need subject
areas such as reading, math, and science and in high-poverty
schools and districts.
``(11) Providing assistance to local educational agencies for
the development and implementation of professional development
programs for principals that enable them to be effective school
leaders and prepare all students to achieve challenging State
content and student achievement standards, including the
development and support of school leadership academies to help
exceptionally talented aspiring or current principals and
superintendents become outstanding managers and educational
leaders.
``(12) Developing, or assisting local educational agencies in
developing, teacher advancement initiatives that promote
professional growth and emphasize multiple career paths, such
as career teacher, mentor teacher, and master teacher career
paths, with pay differentiation.
``(f) Coordination.--States receiving grants under section 202 of the
Higher Education Act of 1965 shall coordinate the use of such funds
with activities carried out under this section.
``SEC. 2013. APPLICATIONS BY STATES.
``(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``(b) Contents.--Each application under this section shall include
the following:
``(1) A description of how the State will ensure that a local
educational agency receiving a subgrant under subpart 3 will
comply with the requirements of such subpart.
``(2) A description of how the State will use funds under
this part to meet the requirements of section 1119(a)(2).
``(3) A description of how the State will coordinate
professional development activities authorized under this part
with professional development activities provided under other
Federal, State, and local programs, including those authorized
under title I, part A of title III, parts A and B of title V,
and (where applicable) the Individuals with Disabilities
Education Act and the Carl D. Perkins Vocational and Technical
Education Act. The application shall also describe the
comprehensive strategy that the State will take as part of such
coordination effort, to ensure that teachers are trained in the
utilization of technology so that technology and its
applications are effectively used in the classroom to improve
teaching and learning in all curriculum and content areas, as
appropriate.
``(4) A description of how the State will encourage the
development of proven, innovative strategies to deliver
intensive professional development programs that are both cost-
effective and easily accessible, such as through the use of
technology and distance learning.
``(5) A description of how the State will ensure that local
educational agencies will comply with the requirements under
section 2033, especially with respect to ensuring the
participation of teachers, principals, and parents.
``(c) Application Approval.--A State application submitted to the
Secretary under this section shall be deemed approved by the Secretary
unless the Secretary makes a written determination, within 90 days
after receiving the application, that the application is in violation
of the provisions of this subpart. The Secretary shall not finally
disapprove a State application except after giving the State notice and
opportunity for a hearing.
``Subpart 2--Math and Science Partnerships
``SEC. 2021. PURPOSE.
``The purpose of this subpart is to improve the achievement of
students in the areas of mathematics and science by encouraging States,
institutions of higher education, and local educational agencies to
participate in programs that--
``(1) focus on education and training of mathematics and
science teachers that improves teachers' knowledge and skills
and encourages intellectual growth;
``(2) improve mathematics and science teaching by encouraging
institutions of higher education to assume greater
responsibility for improving mathematics and science teacher
education through the establishment of a comprehensive,
integrated system of recruiting, training, and advising such
teachers; and
``(3) bring mathematics and science teachers in elementary
and secondary schools together with scientists, mathematicians,
and engineers to increase the subject matter knowledge of
teachers and improve their teaching skills through the use of
sophisticated laboratory equipment and work space, computing
facilities, libraries, and other resources that institutions of
higher education are better able to provide than the schools.
``SEC. 2022. APPLICATION REQUIREMENTS.
``(a) In General.--An eligible partnership seeking to receive a
subgrant from a State under this subpart shall submit an application to
the State at such time, in such manner, and accompanied by such
information as the State may require.
``(b) Partnership Application Contents.--Each such application shall
include--
``(1) an assessment of the teacher quality and professional
development of all the schools and agencies participating in
the eligible partnership with respect to the teaching and
learning of mathematics and science;
``(2) a description of how the activities to be carried out
by the eligible partnership will be aligned with State academic
content standards in mathematics and science and with other
educational reform activities that promote student achievement
in mathematics and science;
``(3) a description of how the activities to be carried out
by the eligible partnership will be based on a review of
relevant research, and an explanation of why the activities are
expected to improve student achievement and to strengthen the
quality of mathematics and science instructions; and
``(4) a description of--
``(A) how the eligible partnership will carry out the
activities described in section 2023(c); and
``(B) the eligible partnership's evaluation and
accountability plan described in section 2024.
``SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUBGRANTS.
``(a) In General.--From the amount described in section 2012(d), the
State educational agency, working in conjunction with the State agency
for higher education (if such agencies are separate), shall award
subgrants on a competitive basis to eligible partnerships to enable
such partnerships to carry out activities described in subsection (c).
``(b) Duration.--The State shall award subgrants under this subpart
for a period of not less than 2 and not more than 5 years.
``(c) Authorized Activities.--A recipient of funds provided under
this subpart may use the funds for the following activities related to
elementary or secondary schools:
``(1) Establishing and operating mathematics and science
summer professional development workshops or institutes for
elementary and secondary school teachers that--
``(A) shall--
``(i) directly relate to the curriculum and
content areas in which the teacher provides
instruction, and focus only secondarily on
pedagogy;
``(ii) enhance the ability of a teacher to
understand and use the State's academic content
standards for mathematics and science and to
select appropriate curricula;
``(iii) train teachers to use curricula that
are--
``(I) based on scientific research;
``(II) aligned with State academic
content standards; and
``(III) object-centered, experiment-
oriented, and concept- and content-
based; and
``(iv) provide supplemental assistance and
follow-up training during the school year for
summer institute graduates; and
``(B) may include--
``(i) programs that provide prospective
teachers and novice teachers opportunities to
work under the guidance of experienced teachers
and college faculty;
``(ii) instruction in the use of data and
assessments to inform and instruct classroom
practice; and
``(iii) professional development activities,
including supplemental and follow-up
activities, such as curriculum alignment,
distance learning, and activities that train
teachers to utilize technology in the
classroom.
``(2) Recruiting to the teaching profession--
``(A) students studying mathematics, engineering, and
science; or
``(B) mathematicians, engineers, and scientists
currently working in the field.
``(3) Establishing and operating programs to bring teachers
into contact with working scientists, mathematicians, and
engineers, to expand teacher content knowledge of and research
in science and mathematics.
``(d) Priority.--In awarding subgrants under this subpart, States
shall give priority to applications seeking funding for the activity
described in subsection (c)(1).
``(e) Coordination.--Partnerships receiving grants under section 203
of the Higher Education Act of 1965 (20 U.S.C. 1023) shall coordinate
the use of such funds with any related activities carried out by such
partnership with funds made available under this subpart.
``SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.
``(a) In General.--Each eligible partnership receiving a subgrant
under this subpart shall develop an evaluation and accountability plan
for activities assisted under this subpart that includes rigorous
performance objectives that measure the impact of activities funded
under this subpart.
``(b) Contents.--The plan--
``(1) shall include measurable goals to increase the number
of mathematics and science teachers who participate in content-
based professional development activities; and
``(2) may include objectives and measures for--
``(A) improved student achievement on State
mathematics and science assessments;
``(B) increased participation by students in advanced
courses in mathematics and science;
``(C) increased percentages of elementary school
teachers with academic majors or minors, or group
majors or minors, in mathematics, engineering, or the
sciences; and
``(D) increased percentages of secondary school
classes in mathematics and science taught by teachers
with academic majors in mathematics and science,
respectively.
``SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.
``(a) Reports.--Each eligible partnership receiving a subgrant under
this subpart annually shall report to the State regarding the eligible
partnership's progress in meeting the performance objectives described
in section 2024.
``(b) Revocation.--If the State determines that an eligible
partnership that receives a subgrant under this subpart for 5 years is
not making substantial progress in meeting the performance objectives
described in section 2024 by the end of the third year of the subgrant,
the subgrant payments shall not be made for the fourth and fifth years.
``SEC. 2026. DEFINITIONS.
``In this subpart:
``(1) Eligible partnership.--The term `eligible partnership'
means a partnership that--
``(A) shall include--
``(i) a State educational agency;
``(ii) a mathematics or science department of
a private independent institution of higher
education or a State-supported public
institution of higher education; and
``(iii) a high need local educational agency;
and
``(B) may include--
``(i) another institution of higher education
or the teacher training department of such an
institution;
``(ii) additional local educational agencies,
public charter schools, public or private
elementary or secondary schools, or a
consortium of such schools;
``(iii) a business; or
``(iv) a nonprofit organization of
demonstrated effectiveness, including a museum
or research institution.
``(2) Summer professional development workshop or
institute.--The term `summer professional development workshop
or institute' means a workshop or institute that--
``(A) is conducted during a period of not less than 2
weeks;
``(B) includes as a component a program that provides
direct interaction between students and faculty; and
``(C) provides for follow-up training during the
academic year that is conducted in the classroom for a
period of not less than 3 consecutive or nonconsecutive
days, except that--
``(i) if the workshop or institute is
conducted during a two-week period, the follow-
up training shall be conducted for a period of
at least 4 days; and
``(ii) if the follow-up training is for
teachers in rural school districts, it may be
conducted through distance learning.
``Subpart 3--Subgrants to Local Educational Agencies
``SEC. 2031. LOCAL USE OF FUNDS.
``(a) In General.--Subject to subsection (b), each local educational
agency that receives a subgrant under this subpart may use the subgrant
to carry out the following activities:
``(1) Initiatives to assist in recruiting and hiring fully
qualified teachers who will be assigned teaching positions
within their field, including--
``(A) providing signing bonuses or other financial
incentives, such as differential pay, for teachers to
teach in academic subject areas in which there exists a
shortage of such fully qualified teachers within a
school or the local educational agency;
``(B) establishing programs that--
``(i) recruit professionals from other fields
and provide such professionals with alternative
routes to teacher certification; and
``(ii) provide increased opportunities for
minorities, individuals with disabilities, and
other individuals underrepresented in the
teaching profession; and
``(C) implementing hiring policies that ensure
comprehensive recruitment efforts as a way to expand
the applicant pool, such as through identifying
teachers certified through alternative routes, coupled
with a system of intensive screening designed to hire
the most qualified applicant.
``(2) Initiatives to promote retention of highly qualified
teachers and principals, particularly within elementary and
secondary schools with a high percentage of low-achieving
students, including programs that provide--
``(A) mentoring to newly hired teachers, such as from
master teachers, or principals or superintendents;
``(B) incentives, including financial incentives, to
retain teachers who have a record of success in helping
low-achieving students improve their academic success;
or
``(C) incentives, including financial incentives, to
principals who have a record of improving the
performance of all students, but particularly students
from economically disadvantaged families and students
from racial and ethnic minority groups.
``(3) Programs and activities that are designed to improve
the quality of the teacher force, such as--
``(A) innovative professional development programs
(which may be through partnerships including
institutions of higher education), including programs
that train teachers and principals to utilize
technology to improve teaching and learning, are
consistent with the requirements of section 2033, and
are coordinated with part B of title V;
``(B) development and utilization of proven, cost-
effective strategies for the implementation of
professional development activities, such as through
the utilization of technology and distance learning;
``(C) tenure reform;
``(D) merit pay;
``(E) testing of elementary and secondary school
teachers in the subject areas taught by such teachers;
``(F) professional development programs that provide
instruction in how to teach children with different
learning styles, particularly children with
disabilities and children with special learning needs
(including those who are gifted and talented); and
``(G) professional development programs that provide
instruction in methods of improving student behavior in
the classroom and how to identify early and appropriate
interventions to help children described in
subparagraph (F) learn.
``(4) Teacher opportunity payments, consistent with section
2034.
``(5) Professional activities designed to improve the quality
of principals and superintendents, including the development
and support of academies to help exceptionally talented
aspiring or current principals and superintendents become
outstanding managers and educational leaders.
``(6) Hiring fully qualified teachers, including teachers who
become fully qualified through State and local alternative
routes, and special education teachers, in order to reduce
class size, particularly in the early grades.
``(7) Teacher advancement initiatives that promote
professional growth and emphasize multiple career paths, such
as career teacher, mentor teacher, and master teacher career
paths, with pay differentiation.
``(b) Special Rule.--
``(1) In general.--For any fiscal year for which the amount
described in section 2012(d)(2)(A) for a State is less than 15
percent of the total amount of the funds that the State
receives under this subpart for the year that the State does
not reserve under section 2012(b), each local educational
agency that receives a subgrant under this subpart from the
State shall use the funds to comply with paragraph (2).
``(2) Requirement.--A local educational agency required to
comply with this paragraph shall use not less than the amount
expended by the agency under section 2206(b) of this Act (as in
effect on the day before the date of the enactment of the No
Child Left Behind Act of 2001), for the fiscal year preceding
the year in which such enactment occurs, to carry out
professional development activities in mathematics and science.
``SEC. 2032. LOCAL APPLICATIONS.
``(a) In General.--A local educational agency seeking to receive a
subgrant from a State under this subpart shall submit an application to
the State--
``(1) at such time as the State shall require; and
``(2) which is coordinated with other programs under this
Act, or other Acts, as appropriate.
``(b) Local Application Contents.--The local application described in
subsection (a), shall include, at a minimum, the following:
``(1) An assurance that the local educational agency will
target funds to schools within the jurisdiction of the local
educational agency that--
``(A) have the lowest proportion of fully qualified
teachers;
``(B) have the largest average class size; or
``(C) are identified for school improvement under
section 1116(b).
``(2) A description of how the local educational agency will
coordinate professional development activities authorized under
this subpart with professional development activities provided
through other Federal, State, and local programs, including
those authorized under title I, part A of title III, parts A
and B of title V, and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins Vocational
and Technical Education Act.
``(3) A description of how the local educational agency will
integrate funds under this subpart with funds received under
part B of title V that are used for professional development to
train teachers to utilize technology to improve teaching and
learning.
``(4) A description of how the local educational agency has
collaborated with teachers, principals, parents, and
administrators in the preparation of the application.
``SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
``(a) Requirements for Professional Development Activities.--
Professional development activities under this subpart shall--
``(1) meet the requirements of section 1119(a)(2);
``(2) support professional development activities that give
teachers, principals, and administrators the knowledge and
skills to provide students with the opportunity to meet
challenging State academic content standards and student
achievement standards;
``(3) support the recruiting, hiring, and training of fully
qualified teachers, including teachers fully qualified through
State and local alternative routes;
``(4) advance teacher understanding of effective
instructional strategies based on scientifically based research
for improving student achievement, at a minimum, in reading or
language arts and mathematics;
``(5) be directly related to the curriculum and content areas
in which the teacher provides instruction, except that this
paragraph shall not apply to subparagraphs (F) and (G) of
section 2031(3);
``(6) be designed to enhance the ability of a teacher to
understand and use the State's standards for the subject area
in which the teacher provides instruction;
``(7) be tied to scientifically based research demonstrating
the effectiveness of such professional development activities
or programs in increasing student achievement or substantially
increasing the knowledge and teaching skills of teachers;
``(8) be of sufficient intensity and duration (not to include
1-day or short-term workshops and conferences) to have a
positive and lasting impact on the teacher's performance in the
classroom;
``(9) be developed with extensive participation of teachers,
principals, parents, and administrators of schools to be served
under this subpart;
``(10) be designed to give teachers of limited English
proficient children, and other teachers and instructional
staff, the knowledge and skills to provide instruction and
appropriate language and academic support services to such
children, including the appropriate use of curriculum and
assessments;
``(11) to the extent appropriate, provide training for
teachers and principals in the use of technology so that
technology and its applications are effectively used in the
classroom to improve teaching and learning in the curriculum
and academic content areas in which the teachers provide
instruction;
``(12) as a whole, be regularly evaluated for their impact on
increased teacher effectiveness and improved student
achievement, with the findings of such evaluations used to
improve the quality of professional development; and
``(13) provide instruction in methods of teaching children
with special needs.
``(b) Professional Development Activities.--Professional development
activities under this subpart may include--
``(1) instruction in the use of data and assessments to
inform and instruct classroom practice;
``(2) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work more
effectively with parents;
``(3) the forming of partnerships with institutions of higher
education to establish school-based teacher training programs
that provide prospective teachers and novice teachers with an
opportunity to work under the guidance of experienced teachers
and college faculty;
``(4) the creation of programs for paraprofessionals
(assisting teachers employed by a local educational agency
receiving assistance under this part) to obtain the education
necessary for such paraprofessionals to become licensed and
certified teachers; and
``(5) activities that provide follow-up training to teachers
who have participated in professional development activities
which are designed to ensure that the knowledge and skills
learned by the teacher are implemented in the classroom.
``(c) Accountability.--
``(1) In general.--If, after any fiscal year, a State
determines that the programs or activities funded by a local
educational agency fail to meet the requirements of subsection
(a), the State shall notify the agency that--
``(A) it may be subject to paragraph (2); and
``(B) technical assistance is available from the
State to help the agency meet those requirements.
``(2) Requirement to provide teacher opportunity payments.--A
local educational agency that has been notified by a State for
2 consecutive years under paragraph (1) shall expend under
section 2034 for the succeeding fiscal year a proportion of the
amount the agency receives under this subpart that is equal to
the proportion of the amount the agency received under this
part for the preceding fiscal year that the agency used for
professional development.
``SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
``(a) In General.--A local educational agency receiving funds under
this subpart may (or, in the case of a local educational agency
described in section 2033(c)(2), shall) provide funds directly to a
teacher or a group of teachers seeking opportunities to participate in
a professional development activity of their choice that meets the
requirements of section 2033(a) and is selected in consultation with
the principal in order to coordinate such professional development with
other reform efforts at the school.
``(b) Notice to Teachers.--Local educational agencies distributing
funds under this section shall establish and implement a timely process
through which proper notice of availability of funds will be given to
all teachers within schools identified by the agency and shall develop
a process whereby teachers will have regular consultation with and be
specifically recommended by principals to participate in such program
by virtue of--
``(1) a teacher not being fully qualified to teach in the
subject or subjects in which they teach; or
``(2) a teacher's need for additional assistance to ensure
that the teacher's students make progress toward meeting
challenging State academic content standards and student
achievement standards.
``(c) Selection of Teachers.--If adequate funding is not available to
provide payments under this section to all teachers seeking such
assistance or identified as needing such assistance pursuant to
subsection (b), a local educational agency shall establish procedures
for selecting teachers that give priority to teachers described in
paragraph (1) or (2) of subsection (b).
``Subpart 4--Mid-Career Transitions to Teaching
``CHAPTER 1--TROOPS-TO-TEACHERS PROGRAM
``SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
``(a) Program Authorized.--The Secretary may carry out a program (to
be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members and former members of the
Armed Forces described in section 2042 to obtain certification
or licensure as fully qualified elementary school teachers,
secondary school teachers, or vocational or technical teachers;
and
``(2) to facilitate the employment of such members in
elementary schools or secondary schools or as vocational or
technical teachers.
``(b) Administration of Program.--The Secretary shall enter into a
memorandum of agreement with the Secretary of Defense under which the
Secretary of Defense, acting through the Defense Activity for Non-
Traditional Education Support of the Department of Defense, will
perform the actual administration of the Program, other than section
2045. Using funds appropriated to the Secretary to carry out this
chapter, the Secretary shall transfer to the Secretary of Defense such
amounts as may be necessary to administer the Program pursuant to the
memorandum of agreement.
``(c) Information Regarding Program.--The Secretary shall provide to
the Secretary of Defense, for distribution as part of preseparation
counseling provided under section 1142 of title 10, United States Code,
to members of the Armed Forces described in section 2042, information
regarding the Troops-to-Teachers Program and applications to
participate in the program.
``(d) Placement Assistance and Referral Services.--As part of the
Troops-to-Teachers Program, the Secretary may, with the agreement of
the Secretary of Defense, provide placement assistance and referral
services regarding employment opportunities with local educational
agencies to members of the Armed Forces who are discharged or released
from active duty under other than adverse conditions. Unless the member
is also selected to participate in the Program under section 2042, a
member receiving placement assistance and referral services under the
authority of this subsection is not eligible for financial assistance
under section 2043.
``SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.
``(a) Eligible Members.--The following members and former members of
the Armed Forces are eligible for selection to participate in the
Troops-to-Teachers Program:
``(1) Any member who--
``(A) on or after October 1, 1999, becomes entitled
to retired or retainer pay in the manner provided in
title 10 or title 14, United States Code; or
``(B) on or after the date of the enactment of the No
Child Left Behind Act of 2001, has an approved date of
voluntary retirement and, as of the date the member
submits an application to participate in the Program,
has one year or less of active duty remaining before
retirement.
``(2) Any member who, on or after the date of the enactment
of the No Child Left Behind Act of 2001--
``(A) is separated or released from active duty after
six or more years of continuous active duty immediately
before the separation or release; and
``(B) executes a reserve commitment agreement for a
period of three years under subsection (e)(2).
``(3) Any member who, on or after the date of the enactment
of the No Child Left Behind Act of 2001, is retired or
separated for physical disability under chapter 61 of title 10,
United States Code.
``(4) Any member who--
``(A) during the period beginning on October 1, 1990,
and ending on September 30, 1999, was involuntarily
discharged or released from active duty for purposes of
a reduction of force after six or more years of
continuous active duty immediately before the discharge
or release; or
``(B) applied for the teacher placement program
administered under section 1151 of title 10, United
States Code, before its repeal, and who satisfied the
eligibility criteria specified in subsection (c) of
such section 1151.
``(b) Submission of Applications.--
``(1) Form and submission.--Selection of eligible members and
former members of the Armed Forces to participate in the
Troops-to-Teachers Program shall be made on the basis of
applications submitted to the Secretary within the time periods
specified in paragraph (2). An application shall be in such
form and contain such information as the Secretary may require.
``(2) Time for submission.--An application shall be
considered to be submitted on a timely basis under paragraph
(1) if--
``(A) in the case of a member or former member of the
Armed Forces described in paragraph (1), (2), or (3) of
subsection (a), the application is submitted not later
than four years after the date on which the member is
retired or separated or released from active duty,
whichever applies to the member; or
``(B) in the case of a member or former member
described in subsection (a)(4), the application is
submitted not later than September 30, 2003.
``(c) Selection Criteria.--
``(1) Establishment.--Subject to paragraphs (2) and (3), the
Secretary shall prescribe the criteria to be used to select
eligible members and former members of the Armed Forces to
participate in the Troops-to-Teachers Program.
``(2) Educational background.--If a member or former member
of the Armed Forces described in paragraph (1), (2), or (3) of
subsection (a) is applying for assistance for placement as an
elementary or secondary school teacher, the Secretary shall
require the member to have received a baccalaureate or advanced
degree from an accredited institution of higher education. If
such a member is applying for assistance for placement as a
vocational or technical teacher, the Secretary shall require
the member--
``(A) to have received the equivalent of one year of
college from an accredited institution of higher
education and have six or more years of military
experience in a vocational or technical field; or
``(B) to otherwise meet the certification or
licensure requirements for a vocational or technical
teacher in the State in which the member seeks
assistance for placement under the Program.
``(3) Honorable service.--A member or former member of the
Armed Forces is eligible to participate in the Troops-to-
Teachers Program only if the member's last period of service in
the Armed Forces was characterized as honorable. If the member
is selected to participate in the Program before the retirement
of the member or the separation or release of the member from
active duty, the member may continue to participate in the
Program only if, upon the retirement or separation or release
from active duty, the member's last period of service is
characterized as honorable.
``(d) Selection Priorities.--In selecting eligible members and former
members of the Armed Forces to receive assistance for placement as
elementary or secondary school teachers or vocational or technical
teachers, the Secretary shall give priority to members who have
educational or military experience in science, mathematics, special
education, or vocational or technical subjects and agree to seek
employment as science, mathematics, or special education teachers in
elementary or secondary schools or in other schools under the
jurisdiction of a local educational agency.
``(e) Other Conditions on Selection.--
``(1) Selection subject to funding.--The Secretary may not
select an eligible member or former member of the Armed Forces
to participate in the Troops-to-Teachers Program under this
section and receive financial assistance under section 2043
unless the Secretary has sufficient appropriations for the
Program available at the time of the selection to satisfy the
obligations to be incurred by the United States under section
2043 with respect to the member.
``(2) Reserve commitment agreement.--The Secretary may not
select an eligible member or former member of the Armed Forces
described in subsection (a)(2)(A) to participate in the Troops-
to-Teachers Program under this section and receive financial
assistance under section 2043 unless--
``(A) the Secretary notifies the Secretary concerned
and the member that the Secretary has reserved a full
stipend or bonus under section 2043 for the member; and
``(B) the member executes a written agreement with
the Secretary concerned to serve as a member of the
Selected Reserve of a reserve component of the Armed
Forces for a period of three years (in addition to any
other reserve commitment the member may have).
``SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.
``(a) Participation Agreement.--An eligible member or former member
of the Armed Forces selected to participate in the Troops-to-Teachers
Program under section 2042 and receive financial assistance under this
section shall be required to enter into an agreement with the Secretary
in which the member agrees--
``(1) to obtain, within such time as the Secretary may
require, certification or licensure as a fully qualified
elementary school teacher, secondary school teacher, or
vocational or technical teacher; and
``(2) to accept an offer of full-time employment as a fully
qualified elementary school teacher, secondary school teacher,
or vocational or technical teacher for not less than three
school years with a local educational agency or public charter
school, to begin the school year after obtaining that
certification or licensure.
``(b) Violation of Participation Agreement; Exceptions.--A
participant in the Troops-to-Teachers Program shall not be considered
to be in violation of the participation agreement entered into under
subsection (a) during any period in which the participant--
``(1) is pursuing a full-time course of study related to the
field of teaching at an institution of higher education;
``(2) is serving on active duty as a member of the Armed
Forces;
``(3) is temporarily totally disabled for a period of time
not to exceed three years as established by sworn affidavit of
a qualified physician;
``(4) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse who
is disabled;
``(5) is seeking and unable to find full-time employment as a
fully qualified teacher in an elementary or secondary school or
as a vocational or technical teacher for a single period not to
exceed 27 months; or
``(6) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
``(c) Stipend for Participants.--
``(1) Stipend authorized.--Subject to paragraph (2), the
Secretary may pay to a participant in the Troops-to-Teachers
Program selected under section 2042 a stipend in an amount up
to $5,000.
``(2) Limitation.--The total number of stipends that may be
paid under paragraph (1) in any fiscal year may not exceed
3,000.
``(d) Bonus for Participants.--
``(1) Bonus authorized.--Subject to paragraph (2), the
Secretary may, in lieu of paying a stipend under subsection
(c), pay a bonus of $10,000 to a participant in the Troops-to-
Teachers Program selected under section 2042 who agrees in the
participation agreement under subsection (a) to accept full-
time employment as a fully qualified elementary school teacher,
secondary school teacher, or vocational or technical teacher
for not less than three years in a high need school.
``(2) Limitation.--The total number of bonuses that may be
paid under paragraph (1) in any fiscal year may not exceed
1,000.
``(3) High need school defined.--For purposes of this
subsection, the term `high need school' means a public
elementary school, public secondary school, or public charter
school that meets one or more of the following criteria:
``(A) At least 50 percent of the students enrolled in
the school were children counted under subsection (c)
of section 1124 for purposes of making grants under
such section to local educational agencies, when such
counting was most recently performed.
``(B) The school has a large percentage of students
who qualify for assistance under part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
``(C) The school meets any other criteria established
by the Secretary in consultation with the National
Assessment Governing Board.
``(e) Treatment of Stipend and Bonus.--A stipend or bonus paid under
this section to a participant in the Troops-to-Teachers Program shall
be taken into account in determining the eligibility of the participant
for Federal student financial assistance provided under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Troops-
to-Teachers Program who is paid a stipend or bonus under this
section shall be required to repay the stipend or bonus under
the following circumstances:
``(A) The participant fails to obtain teacher
certification or licensure or employment as a fully
qualified elementary school teacher, secondary school
teacher, or vocational or technical teacher as required
by the participation agreement under subsection (a).
``(B) The participant voluntarily leaves, or is
terminated for cause, from employment as an elementary
school teacher, secondary school teacher, or vocational
or technical teacher during the three years of required
service in violation of the participation agreement.
``(C) The participant executed a written agreement
with the Secretary concerned under section 2042(e)(2)
to serve as a member of a reserve component of the
Armed Forces for a period of three years and fails to
complete the required term of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under this section shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being paid
by the United States on the day on which the reimbursement is
determined to be due for securities having maturities of ninety
days or less and shall accrue from the day on which the
participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11, United States Code, shall not release a participant
from the obligation to reimburse the Secretary.
``(4) Exceptions to reimbursement requirement.--A participant
shall be excused from reimbursement under this subsection if
the participant becomes permanently totally disabled as
established by sworn affidavit of a qualified physician. The
Secretary may also waive reimbursement in cases of extreme
hardship to the participant, as determined by the Secretary.
``(g) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the Troops-to-Teachers Program
of a stipend or bonus under this section shall not reduce or otherwise
affect the entitlement of the participant to any benefits under chapter
30 of title 38, United States Code, or chapter 1606 of title 10, United
States Code.
``SEC. 2044. PARTICIPATION BY STATES.
``(a) Discharge of State Activities Through Consortia of States.--The
Secretary may permit States participating in the Troops-to-Teachers
Program to carry out activities authorized for such States under the
Program through one or more consortia of such States.
``(b) Assistance to States.--
``(1) Grants authorized.--Subject to paragraph (2), the
Secretary may make grants to States participating in the
Troops-to-Teachers Program, or to consortia of such States, in
order to permit such States or consortia of States to operate
offices for purposes of recruiting eligible members and former
members of the Armed Forces for participation in the Program
and facilitating the employment of participants in the Program
as elementary school teachers, secondary school teachers, and
vocational or technical teachers.
``(2) Limitation.--The total amount of grants under paragraph
(1) in any fiscal year may not exceed $4,000,000.
``SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION
PROGRAMS.
``(a) Development, Implementation and Demonstration.--The Secretary
may enter into a memorandum of agreement with a State, an institution
of higher education, or a consortia of States or institutions of higher
education, to develop, implement, and demonstrate teacher certification
programs for members of the Armed Forces described in section
2042(a)(1)(B) for the purpose of assisting such members to consider and
prepare for a career as a fully qualified elementary school teacher,
secondary school teacher, or vocational or technical teacher upon their
retirement from the Armed Forces.
``(b) Program Elements.--A teacher certification program under
subsection (a) must--
``(1) provide recognition of military experience and training
as related to licensure or certification requirements;
``(2) provide courses of instruction that may be conducted on
or near a military installation;
``(3) incorporate alternative approaches to achieve teacher
certification, such as innovative methods to gaining field-
based teaching experiences, and assessment of background and
experience as related to skills, knowledge, and abilities
required of elementary school teachers, secondary school
teachers, or vocational or technical teachers;
``(4) provide for courses to also be delivered via distance
education methods; and
``(5) address any additional requirements or specifications
as established by the Secretary.
``(c) Application Procedures.--A State or institution of higher
education (or a consortia of States or institutions of higher
education) that has a program leading to State approved teacher
certification programs may submit a proposal to the Secretary for
consideration under subsection (a). The Secretary shall give preference
to proposals that provide for a sharing of the costs to carry out the
teacher certification program.
``(d) Continuation of Programs.--The purpose of this section is to
provide funding to develop, implement, and demonstrate teacher
certification programs under subsection (a). Upon successful completion
of the demonstration phase, the continued operation of the teacher
certification programs shall not be the responsibility of the
Secretary.
``(e) Funding Limitation.--The total amount obligated by the
Secretary under this section in any fiscal year may not exceed
$5,000,000.
``SEC. 2046. REPORTING REQUIREMENTS.
``(a) Report Required.--Not later than March 31 of each year, the
Secretary (in consultation with the Secretary of Defense and the
Secretary of Transportation) and the Comptroller General shall each
submit to Congress a report on the effectiveness of the Troops-to-
Teachers Program in the recruitment and retention of qualified
personnel by local educational agencies and public charter schools.
``(b) Elements of Report.--The report under subsection (a) shall
include information on the following:
``(1) The number of participants in the Troops-to-Teachers
Program.
``(2) The schools in which the participants are employed.
``(3) The grade levels at which the participants teach.
``(4) The subject matters taught by the participants.
``(5) The rates of retention of the participants by the local
educational agencies and public charter schools employing the
participants.
``(6) Such other matters as the Secretary or the Comptroller
General, as the case may be, considers appropriate.
``(c) Recommendations.--The report of the Comptroller General under
this section shall also include any recommendations of the Comptroller
General regarding any means of improving the Troops-to-Teachers
Program, including means of enhancing the recruitment and retention of
participants in the Program.
``SEC. 2047. DEFINITIONS.
``For purposes of this chapter:
``(1) Armed forces.--The term `Armed Forces' means the Army,
Navy, Air Force, Marine Corps, and Coast Guard.
``(2) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this subpart.
``(3) Reserve component.--The term `reserve component'
means--
``(A) the Army National Guard of the United States;
``(B) the Army Reserve;
``(C) the Naval Reserve;
``(D) the Marine Corps Reserve;
``(E) the Air National Guard of the United States;
``(F) the Air Force Reserve; and
``(G) the Coast Guard Reserve.
``(4) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Army, with respect to
matters concerning a reserve component of the Army;
``(B) the Secretary of the Navy, with respect to
matters concerning a reserve component of the Navy;
``(C) the Secretary of the Air Force, with respect to
matters concerning a reserve component of the Air
Force; and
``(D) the Secretary of Transportation, with respect
to matters concerning the Coast Guard Reserve.
``CHAPTER 2--TRANSITION TO TEACHING
``SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CAREERS.
``(a) Purpose.--The purpose of this section is to address the need of
high-need local educational agencies for highly qualified teachers in
particular subject areas, such as mathematics, science, foreign
languages, bilingual education, and special education, needed by those
agencies, following the model of the program under chapter 1, by
recruiting, preparing, placing, and supporting career-changing
professionals who have knowledge and experience that will help them
become such teachers.
``(b) Program Authorized.--The Secretary may award grants, contracts,
or cooperative agreements to institutions of higher education and
public and private nonprofit agencies or organizations to carry out
programs authorized by this section.
``(c) Application.--Each applicant that desires an award under
subsection (b) shall submit an application to the Secretary containing
such information as the Secretary requires, including--
``(1) a description of the target group of career-changing
professionals upon which the applicant will focus its
recruitment efforts in carrying out its program under this
section, including a description of the characteristics of that
target group that shows how the knowledge and experience of its
members are relevant to meeting the purpose of this section;
``(2) a description of the training that program participants
will receive and how that training will relate to their
certification as teachers;
``(3) a description of how the applicant will collaborate, as
needed, with other institutions, agencies, or organizations to
recruit, train, place, support, and provide teacher induction
programs to program participants under this section, including
evidence of the commitment of those institutions, agencies, or
organizations to the applicant's program;
``(4) a description of how the applicant will evaluate the
progress and effectiveness of its program, including--
``(A) the program's goals and objectives;
``(B) the performance indicators the applicant will
use to measure the program's progress; and
``(C) the outcome measures that will be used to
determine the program's effectiveness; and
``(5) such other information and assurances as the Secretary
may require.
``(d) Uses of Funds and Period of Service.--
``(1) Authorized activities.--Funds under this section may be
used for--
``(A) recruiting program participants, including
informing them of opportunities under the program and
putting them in contact with other institutions,
agencies, or organizations that would train, place, and
support them;
``(B) training stipends and other financial
incentives for program participants, not to exceed
$5,000 per participant;
``(C) assisting institutions of higher education or
other providers of teacher training to tailor their
training to meet the particular needs of professionals
who are changing their careers to teaching;
``(D) placement activities, including identifying
high-need local educational agencies with a need for
the particular skills and characteristics of the newly
trained program participants and assisting those
participants to obtain employment in those local
educational agencies; and
``(E) post-placement induction or support activities
for program participants.
``(2) Period of service.--A program participant in a program
under this section who completes his or her training shall
serve in a high-need local educational agency for at least 3
years.
``(3) Repayment.--The Secretary shall establish such
requirements as the Secretary determines appropriate to ensure
that program participants who receive a training stipend or
other financial incentive under paragraph (1)(B), but fail to
complete their service obligation under paragraph (2), repay
all or a portion of such stipend or other incentive.
``(e) Equitable Distribution.--To the extent practicable, the
Secretary shall make awards under this section that support programs in
different geographic regions of the United States.
``(f) Definition.--As used in this section, the term `program
participants' means career-changing professionals who--
``(1) hold at least a baccalaureate degree;
``(2) demonstrate interest in, and commitment to, becoming a
teacher; and
``(3) have knowledge and experience that are relevant to
teaching a high-need subject area in a high-need local
educational agency.
``Subpart 5--Funding
``SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this part, other
than subpart 4, there are authorized to be appropriated $3,600,000,000
for fiscal year 2002 and such sums as may be necessary for each of
fiscal years 2003 through 2006.
``(b) Subpart 4.--For the purpose of carrying out subpart 4, there
are authorized to be appropriated $50,000,000 for fiscal year 2002 and
such sums as may be necessary for each of fiscal years 2003 through
2006.
``Subpart 6--General Provisions
``SEC. 2061. DEFINITIONS.
``For purposes of this part--
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers one or more academic majors in disciplines or
content areas corresponding to the academic subject
matter areas in which teachers provide instruction; and
``(B) when referring to a specific academic subject
matter area, the disciplines or content areas in which
academic majors are offered by the arts and sciences
organizational unit.
``(2) Beginning teacher.--The term `beginning teacher' means
an educator in a public school who has not yet been teaching 3
full school years.
``(3) Mentoring program.--The term `mentoring program' means
to provide professional support and development, instruction,
and guidance to beginning teachers, but does not include a
teacher or individual who begins to work in a supervisory
position.
``(4) Publicly report.--The term `publicly report', when used
with respect to the dissemination of information, means that
the information is made widely available to the public,
including parents and students, through such means as the
Internet and major print and broadcast media outlets.''.
SEC. 202. NATIONAL WRITING PROJECT.
(a) Transfer and Redesignation.--Part K of title X (20 U.S.C. 8331 et
seq.) is transferred and redesignated as part B of title II. Sections
10991 and 10992 are redesignated as sections 2101 and 2102,
respectively.
(b) Evaluation.--Section 2102(g) (as so redesignated) is amended--
(1) in paragraph (1), by striking ``14701.'' and inserting
``8651.''; and
(2) in paragraph (2), by striking ``1994'' and inserting
``2002''.
(c) Reauthorization.--Section 2102(i) (as so redesignated) is amended
by striking ``$4,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years,'' and inserting
``such sums as may be necessary for fiscal year 2002 and the four
succeeding fiscal years,''.
(d) Continuation of Awards.--Notwithstanding any other provision of
this Act, any person or agency that was awarded a grant or contract
under part K of title X (20 U.S.C. 8331 et seq.) prior to the date of
the enactment of this Act shall continue to receive funds in accordance
with the terms of such award until the date on which the award period
terminates under such terms.
SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTECTION.
(a) In General.--Title II, as amended by sections 201 and 202, is
further amended by adding at the end the following:
``PART C--CIVIC EDUCATION
``SEC. 2201. SHORT TITLE.
``This part may be cited as the `Education for Democracy Act'.
``SEC. 2202. FINDINGS.
``The Congress finds that--
``(1) college freshmen surveyed in 1999 by the Higher
Education Research Institute at the University of California at
Los Angeles demonstrated higher levels of disengagement, both
academically and politically, than any previous entering class
of students;
``(2) college freshmen in 1999 demonstrated the lowest levels
of political interest in the 20-year history of surveys
conducted by the Higher Education Research Institute at the
University of California at Los Angeles;
``(3) United States secondary school students expressed
relatively low levels of interest in politics and economics in
a 1999 Harris survey;
``(4) the 32d Annual Phi Delta Kappa/Gallup Poll of 2000
indicated that preparing students to become responsible
citizens was the most important purpose of public schools;
``(5) Americans surveyed by the Organization of Economic
Cooperation and Development indicated that only 59 percent had
confidence that schools have a major effect on the development
of good citizenship;
``(6) teachers too often do not have sufficient expertise in
the subjects that they teach, and 50 percent of all secondary
school history students in America are being taught by teachers
with neither a major nor a minor in history;
``(7) secondary school students correctly answered fewer than
50 percent of the questions on a national test of economic
knowledge in a 1999 Harris survey;
``(8) the 1998 National Assessment of Educational Progress
indicated that students have only superficial knowledge of, and
lacked a depth of understanding regarding, civics;
``(9) civics and economic education are important not only to
developing citizenship competencies in the United States but
also are critical to supporting political stability and
economic health in other democracies, particularly emerging
democratic market economies;
``(10) more than 75 percent of Americans surveyed by the
National Constitution Center in 1997 admitted that they knew
only some or very little about the Constitution of the United
States; and
``(11) the Constitution of the United States is too often
viewed within the context of history and not as a living
document that shapes current events.
``SEC. 2203. PURPOSE.
``It is the purpose of this part--
``(1) to improve the quality of civics and government
education by educating students about the history and
principles of the Constitution of the United States, including
the Bill of Rights;
``(2) to foster civic competence and responsibility; and
``(3) to improve the quality of civic education and economic
education through cooperative civic education and economic
education exchange programs with emerging democracies.
``SEC. 2204. AUTHORITY.
``The Secretary may make grants to, or enter into contracts with--
``(1) the Center for Civic Education to carry out civic
education activities in accordance with sections 2205 and 2206;
and
``(2) the National Council on Economic Education to carry out
economic education activities in accordance with section 2206.
``SEC. 2205. WE THE PEOPLE PROGRAM.
``(a) Use of Funds.--The Center for Civic Education may use funds
made available under grants or contracts under section 2204(1) only to
carry out activities--
``(1) under the Citizen and the Constitution program in
accordance with subsection (b); and
``(2) under the Project Citizen program in accordance with
subsection (c).
``(b) Citizen and the Constitution Program.--
``(1) Educational activities.--The Center for Civic
Education--
``(A) shall use funds made available under grants or
contracts under section 2204(1)--
``(i) to continue and expand the educational
activities of the program entitled the `We the
People . . . The Citizen and the Constitution'
administered by the Center for Civic Education;
``(ii) to carry out activities to enhance
student attainment of challenging academic
content standards in civics and government;
``(iii) to provide a course of instruction on
the basic principles of the Nation's
constitutional democracy and the history of the
Constitution of the United States, including
the Bill of Rights;
``(iv) to provide, at the request of a
participating school, school and community
simulated congressional hearings following the
course of instruction described in clause
(iii); and
``(v) to provide an annual national
competition of simulated congressional hearings
for secondary school students who wish to
participate in such a program; and
``(B) may use assistance made available under section
2204(1)--
``(i) to provide advanced sustained and
ongoing training of teachers about the
Constitution of the United States and the
political system of the United States;
``(ii) to provide materials and methods of
instruction, including teacher training, that
utilize the latest advancements in educational
technology; and
``(iii) to provide civic education materials
and services to address specific problems such
as the prevention of school violence and the
abuse of drugs and alcohol.
``(2) Availability of program.--As a condition of receipt of
funds under grants or contracts under section 2204(1), the
Secretary shall require the Center for Civic Education to make
the education program authorized under this subsection
available to public and private elementary schools and
secondary schools, including Bureau-funded schools, in each of
the 435 congressional districts, and in the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(c) Project Citizen.--
``(1) Educational activities.--The Center for Civic
Education--
``(A) shall use funds made available under grants or
contracts under section 2204(1)--
``(i) to continue and expand the educational
activities of the program entitled the `We the
People . . . Project Citizen' program
administered by the Center;
``(ii) to carry out activities to enhance
student attainment of challenging academic
content standards in civics and government;
``(iii) to provide a course of instruction at
the middle school level on the roles of State
and local governments in the Federal system
established by the Constitution of the United
States; and
``(iv) to provide an annual national showcase
or competition; and
``(B) may use funds made available under grants or
contracts under section 2204(1)--
``(i) to provide optional school and
community simulated State legislative hearings;
``(ii) to provide advanced sustained and
ongoing training of teachers on the roles of
State and local governments in the Federal
system established by the Constitution of the
United States;
``(iii) to provide materials and methods of
instruction, including teacher training, that
utilize the latest advancements in educational
technology; and
``(iv) to provide civic education materials
and services to address specific problems such
as the prevention of school violence and the
abuse of drugs and alcohol.
``(2) Availability of program.--As a condition of receipt of
funds under grants or contracts under section 2204(1), the
Secretary shall require the Center for Civic Education to make
the education program authorized under this subsection
available to public and private middle schools, including
Bureau-funded schools, in each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(d) Bureau-Funded School Defined.--In this section, the term
`Bureau-funded school' has the meaning given such term in section 1146
of the Education Amendments of 1978 (25 U.S.C. 2026).
``SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION
EXCHANGE PROGRAMS.
``(a) Use of Funds.--The Center for Civic Education and the National
Council on Economic Education may use funds made available under grants
or contracts under section 2204(2) only to carry out cooperative
education exchange programs that--
``(1) make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education, and economics education, developed in
the United States;
``(2) assist eligible countries in the adaptation,
implementation, and institutionalization of programs described
in paragraph (1);
``(3) create and implement programs for civics and government
education, and economic education, for students that draw upon
the experiences of the participating eligible countries;
``(4) provide means for the exchange of ideas and experiences
in civics and government education, and economic education,
among political, educational, governmental, and private sector
leaders of participating eligible countries; and
``(5) provide support for--
``(A) independent research and evaluation to
determine the effects of educational programs on
students' development of the knowledge, skills, and
traits of character essential for the preservation and
improvement of constitutional democracy; and
``(B) effective participation in and the preservation
and improvement of an efficient market economy.
``(b) Activities.--In carrying out the cooperative education exchange
programs assisted under this section, the Center for Civic Education
and the National Council on Economic Education shall--
``(1) provide to the participants from eligible countries--
``(A) seminars on the basic principles of United
States constitutional democracy and economic system,
including seminars on the major governmental and
economic institutions and systems in the United States,
and visits to such institutions;
``(B) visits to school systems, institutions of
higher education, and nonprofit organizations
conducting exemplary programs in civics and government
education, and economic education, in the United
States;
``(C) translations and adaptations with respect to
United States civics and government education, and
economic education, curricular programs for students
and teachers, and in the case of training programs for
teachers translations and adaptations into forms useful
in schools in eligible countries, and joint research
projects in such areas; and
``(D) independent research and evaluation
assistance--
``(i) to determine the effects of the
cooperative education exchange programs on
students' development of the knowledge, skills,
and traits of character essential for the
preservation and improvement of constitutional
democracy; and
``(ii) to identify effective participation in
and the preservation and improvement of an
efficient market economy;
``(2) provide to the participants from the United States--
``(A) seminars on the histories, economies, and
systems of government of eligible countries;
``(B) visits to school systems, institutions of
higher education, and organizations conducting
exemplary programs in civics and government education,
and economic education, located in eligible countries;
``(C) assistance from educators and scholars in
eligible countries in the development of curricular
materials on the history, government, and economy of
such countries that are useful in United States
classrooms;
``(D) opportunities to provide onsite demonstrations
of United States curricula and pedagogy for educational
leaders in eligible countries; and
``(E) independent research and evaluation assistance
to determine--
``(i) the effects of the cooperative
education exchange programs assisted under this
section on students' development of the
knowledge, skills, and traits of character
essential for the preservation and improvement
of constitutional democracy; and
``(ii) effective participation in and
improvement of an efficient market economy; and
``(3) assist participants from eligible countries and the
United States to participate in international conferences on
civics and government education, and economic education, for
educational leaders, teacher trainers, scholars in related
disciplines, and educational policymakers.
``(c) Participants.--The primary participants in the cooperative
education exchange programs assisted under this section shall be
educational leaders in the areas of civics and government education,
and economic education, including teachers, curriculum and teacher
training specialists, scholars in relevant disciplines, and educational
policymakers, and government and private sector leaders from the United
States and eligible countries.
``(d) Consultation.--The Secretary may make a grant, or enter into a
contract, under section 2204(2) only if the Secretary of State concurs
with the Secretary that such grant, or contract, is consistent with the
foreign policy of the United States.
``(e) Avoidance of Duplication.--With the concurrence of the
Secretary of State, the Secretary shall ensure that--
``(1) the activities carried out under the programs assisted
under this section are not duplicative of other activities
conducted in eligible countries; and
``(2) any institutions in eligible countries, with which the
Center for Civic Education or the National Council on Economic
Education may work in conducting such activities, are
creditable.
``(f) Eligible Country Defined.--In this section, the term `eligible
country' means a Central European country, an Eastern European country,
Lithuania, Latvia, Estonia, the independent states of the former Soviet
Union as defined in section 3 of the FREEDOM Support Act (22 U.S.C.
5801), the Republic of Ireland, the province of Northern Ireland in the
United Kingdom, and any developing country (as such term is defined in
section 209(d) of the Education for the Deaf Act) if the Secretary,
with the concurrence of the Secretary of State, determines that such
developing country has a democratic form of government.
``SEC. 2207. FUNDING.
``(a) Authorization of Appropriations.--
``(1) We the people program.--There are authorized to be
appropriated to carry out sections 2204(1) and 2205 such sums
as may be necessary for each of fiscal years 2002 through 2006.
``(2) Cooperative civic education and economic education
exchange programs.--There are authorized to be appropriated to
carry out sections 2204(2) and 2206 such sums as may be
necessary for each of fiscal years 2002 through 2006.
``(b) Limitation.--In each fiscal year, the Secretary may use not
more than 50 percent of the amount appropriated under subsection (a)(2)
for assistance for economic educational activities.
``PART D--TEACHER LIABILITY PROTECTION
``SEC. 2301. TEACHER IMMUNITY.
``(a) Immunity.--Notwithstanding any other provision of law, no
school board member of, or teacher or administrator in, a local
educational agency that receives funds under this Act shall be liable
for monetary damages in his or her personal capacity for an action that
was taken in carrying out his or her official duties and intended to
maintain school discipline, so long as that action was not prohibited
under State or local law and did not constitute reckless or criminal
misconduct.
``(b) Limitation.--The immunity established under subsection (a)
shall apply only to liability arising under Federal law.''.
(b) Continuation of Awards.--Notwithstanding any other provision of
this Act, any person or agency that was awarded a grant under part F of
title X (20 U.S.C. 8141 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award until the date on which the award period terminates under
such terms.
TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION
PART A--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT CHILDREN
SEC. 301. PROGRAMS AUTHORIZED.
(a) Title Heading.--The heading for title III is amended to read as
follows:
``TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION''.
(b) Short Title.--Section 3101 (20 U.S.C. 6801) is repealed.
(c) Limitation on Availability of Certain Funds for Schools.--
(1) In general.--Section 3601 (20 U.S.C. 7001)--
(A) is transferred to part B of title V (as amended
by section 501) and inserted after section 5204 (as so
amended);
(B) is redesignated as section 5205; and
(C) is amended by striking ``this title'' each place
such term appears and inserting ``this part''.
(2) Part heading repeal.--The part heading for part F of
title III is repealed.
(d) Limited English Proficient and Immigrant Children.--Parts A
through E of title III (20 U.S.C. 6811 et seq.) are amended to read as
follows:
``PART A--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN
``Subpart 1--English Language and Academic Instructional Programs
``SEC. 3101. SHORT TITLE.
``This subpart may be cited as the `English Language Proficiency and
Academic Achievement Act'.
``SEC. 3102. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds as follows:
``(1) English is the common language of the United States and
every citizen and other person residing in the United States
should have a command of the English language in order to
develop to their full potential.
``(2) Limited English proficient children, including recent
immigrant children, must overcome a number of challenges in
receiving an education in order to participate fully in
American society, including--
``(A) segregated educational programs;
``(B) disproportionate and improper placement in
special education and other special programs due to the
use of inappropriate evaluation procedures;
``(C) the limited English proficiency of their
parents, which hinders the parents' ability to fully
participate in the education of their children; and
``(D) a need for additional teachers and other staff
who are professionally trained and qualified to serve
such children.
``(3) States and local educational agencies need assistance
in developing the capacity to provide programs of instruction
that offer and provide an equal educational opportunity to
children who need special assistance because English is not
their dominant language.
``(4) Since 1979, the number of limited English proficient
children attending school in the United States has more than
doubled to greater than 4,000,000, and demographic trends
indicate the population of limited English proficient children
will continue to increase.
``(5) Native Americans, including native residents of the
outlying areas, and Native American languages (as such terms
are defined in section 103 of the Native American Languages
Act) have a unique status under Federal law that requires
special policies within the broad purposes of this part to
serve the educational needs of language minority students in
the United States.
``(6) Research, evaluation, and data collection capabilities
in the field of instruction for limited English proficient
children need to be strengthened so that educators and other
staff teaching limited English proficient children in the
classroom can better identify and promote programs, program
implementation strategies, and instructional practices that
result in the effective education of limited English proficient
children.
``(7) The Federal Government has a special and continuing
obligation to ensure that States and local educational agencies
provide children of limited English proficiency the same
educational opportunities afforded other children.
``(b) Purposes.--The purposes of this part are--
``(1) to help ensure that children who are limited English
proficient, including recent immigrant children, attain English
proficiency, develop high levels of academic attainment in
English, and meet the same challenging State academic content
standards and challenging State student academic achievement
standards expected of all children;
``(2) to develop high-quality programs designed to assist
local educational agencies in teaching limited English
proficient children;
``(3) to assist local educational agencies to develop and
enhance their capacity to provide high-quality instructional
programs designed to prepare limited English proficient
students, including recent immigrant students, to enter all-
English instructional settings within 3 years; and
``(4) to provide State educational agencies and local
educational agencies with the flexibility to implement
instructional programs, tied to scientifically based reading
research and sound research and theory on teaching limited
English proficient children, that the agencies believe to be
the most effective for teaching English.
``SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE
INSTRUCTION.
``(a) Notification.--If a local educational agency uses funds under
this subpart to provide English language instruction to limited English
proficient children, the agency shall inform a parent or the parents of
a child participating in an English language instruction program for
limited English proficient children assisted under this subpart of--
``(1) the reasons for the identification of the child as
being in need of English language instruction;
``(2) the child's level of English proficiency, how such
level was assessed, and the status of the child's academic
achievement;
``(3) how the English language instruction program will
specifically help the child acquire English and meet age-
appropriate standards for grade promotion and graduation;
``(4) what the specific exit requirements are for the
program;
``(5) the expected rate of transition from the program into a
classroom that is not tailored for limited English proficient
children; and
``(6) the expected rate of graduation from high school for
the program if funds under this subpart are used for children
in secondary schools.
``(b) Consent.--
``(1) Agency requirements.--
``(A) Informed consent.--For a child who has been
identified as limited English proficient prior to the
beginning of the school year, each local educational
agency that receives funds under this subpart shall
make a reasonable and substantial effort to obtain
informed parental consent prior to the placement of a
child in an English language instruction program for
limited English proficient children funded under this
subpart, if the program does not include classes which
exclusively or almost exclusively use the English
language in instruction.
``(B) Written consent not obtained.--
``(i) In general.--If written consent is not
obtained, the local educational agency shall
maintain a written record that includes the
date and the manner in which such informed
consent was sought, including the specific
efforts made to obtain such consent.
``(ii) Proof of effort.--Notice, in an
understandable form, of specific efforts made
to obtain written consent and a copy of the
written record described in clause (i) shall be
mailed or delivered in writing to a parent or
the parents of a child prior to placing the
child in a program described in subparagraph
(A), and shall include a final request for
parental consent for such services. After such
notice has been mailed or delivered in writing,
the local educational agency shall provide
appropriate educational services.
``(iii) Special rule applicable during school
year.--For those children who have not been
identified as limited English proficient prior
to the beginning of the school year, the local
educational agency shall make a reasonable and
substantial effort to obtain parental consent
under this clause. For such children, the
agency shall document, in writing, its specific
efforts to obtain such consent prior to placing
the child in a program described in
subparagraph (A). After such documentation has
been made, the local educational agency shall
provide appropriate educational services to
such child. The proof of documentation shall be
mailed or delivered in writing to a parent or
the parents of the child in a timely manner and
shall include information on how to have their
child immediately removed from the program upon
their request. Nothing in this clause shall be
construed as exempting a local educational
agency from complying with the notification
requirements of subsection (a) and the consent
requirements of this paragraph.
``(2) Parental rights.--A parent or the parents of a child
participating in an English language instruction program for
limited English proficient children assisted under this
subpart--
``(A) shall select among methods of instruction, if
more than one method is offered in the program; and
``(B) shall have the right to have their child
immediately removed from the program upon their
request.
``(c) Receipt of Information.--A parent or the parents of a child
identified for participation in an English language instruction program
for limited English proficient children assisted under this subpart
shall receive, in a manner and form understandable to the parent or
parents, the information required by this subsection. At a minimum, the
parent or parents shall receive--
``(1) timely information about English language instruction
programs for limited English proficient children assisted under
this part;
``(2) if a parent or the parents of a participating child so
desire, notice of opportunities for regular meetings for the
purpose of formulating and responding to recommendations from
the parent or parents; and
``(3) procedural information for removing a child from a
program for limited English proficient children.
``(d) Basis for Admission or Exclusion.--Students shall not be
admitted to, or excluded from, any federally assisted education program
on the basis of a surname or language-minority status.
``SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN.
``(a) In General.--Assessments of limited English proficient children
participating in programs funded under this subpart, to the extent
practicable, shall be in the language and form most likely to yield
accurate and reliable information on what such students know and can do
in content areas.
``(b) Special Rule.--Notwithstanding subsection (a), in the case of
an assessment of reading or language arts of any student who has
attended school in the United States (excluding Puerto Rico) for 3 or
more consecutive school years, the assessment shall be in the form of a
test written in English, except that, if the entity administering the
assessment determines, on a case-by-case individual basis, that
assessments in another language or form would likely yield more
accurate and reliable information on what such student knows and can
do, the entity may assess such student in such language or form for 1
additional year.
``SEC. 3105. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State that in accordance with
section 3107 submits to the Secretary an application for a fiscal year,
the Secretary shall make a grant for the year to the State for the
purposes specified in subsection (b). The grant shall consist of the
allotment determined for the State under subsection (c).
``(b) Purposes of Grants.--
``(1) Required expenditures.--The Secretary may make a grant
under subsection (a) only if the State involved agrees that the
State will expend at least 95 percent of its allotment under
subsection (c) for the purpose of making subgrants to eligible
entities to provide assistance to limited English proficient
children in accordance with sections 3108 and 3109.
``(2) Authorized expenditures.--Subject to paragraph (3), a
State that receives a grant under subsection (a) may expend not
more than 5 percent of its allotment under subsection (c) for
one or more of the following purposes:
``(A) Carrying out--
``(i) professional development activities,
and other activities, that assist personnel in
meeting State and local certification
requirements for teaching limited English
proficient children; and
``(ii) other activities that provide such
personnel with the skills and knowledge
necessary to educate limited English proficient
children.
``(B) Providing scholarships and fellowships to
students who agree to teach limited English proficient
children once they graduate.
``(C) Planning, administration, and interagency
coordination related to the subgrants referred to in
paragraph (1).
``(D) Providing technical assistance and other forms
of assistance to local educational agencies that--
``(i) educate limited English proficient
children; and
``(ii) are not receiving a subgrant from a
State under this subpart.
``(E) Providing bonuses to subgrantees whose
performance has been exceptional in terms of the speed
with which children enrolled in the subgrantee's
programs and activities attain English language
proficiency and meet challenging State academic content
standards and challenging State student academic
achievement standards.
``(3) Limitation on administrative costs.--In carrying out
paragraph (2), a State that receives a grant under subsection
(a) may expend not more than 2 percent of its allotment under
subsection (c) for the purposes described in paragraph (2)(C).
``(c) Determination of Allotment Amounts.--
``(1) Reservations.--From the amount appropriated under
section 3110 to carry out this subpart for each fiscal year,
the Secretary shall reserve--
``(A) .5 percent of such amount for payments to
entities that are considered to be local educational
agencies under section 3106(a) for activities approved
by the Secretary;
``(B) .5 percent of such amount for payments to
outlying areas, to be allotted in accordance with their
respective needs for assistance under this subpart, as
determined by the Secretary, for activities, approved
by the Secretary, consistent with this part; and
``(C) \1/2\ of 1 percent of such amount for
evaluation of the programs under this part and for
dissemination of best practices.
``(2) Continuation awards.--Before making awards to States
under paragraph (3) for any fiscal year, the Secretary shall
make continuation awards to recipients of grants under subpart
1 of part A of the Bilingual Education Act, as that Act was in
effect on the day before the effective date of the No Child
Left Behind Act of 2001, in order to allow such recipients to
continue to receive funds in accordance with the terms of their
grant until the date on which the grant period otherwise would
have terminated if the No Child Left Behind Act of 2001 had not
been enacted.
``(3) State allotments.--
``(A) In general.--From the amount appropriated under
section 3110 to carry out this subpart for each fiscal
year that remains after carrying out paragraphs (1) and
(2), the Secretary shall allot to each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico an amount which bears the same ratio to
such amount as the total number of children and youth
who are limited English proficient and who reside in
such State bears to the total number of such children
and youth residing in all such States that, in
accordance with section 3107, submit to the Secretary
an application for the year.
``(B) Reallotment.--
``(i) In general.--If any State described in
subparagraph (A) does not submit to the
Secretary an application for a fiscal year, or
submits an application (or any modification to
an application) that the Secretary, after
reasonable notice and opportunity for a
hearing, determines does not satisfy the
requirements of this subpart, the Secretary--
``(I) shall endeavor to make the
State's allotment available on a
competitive basis to specially
qualified agencies within the State
that satisfy the requirements
applicable to eligible entities under
section 3108 and any additional
requirements that may be imposed by the
Secretary; and
``(II) shall reallot any portion of
such allotment remaining after the
application of subclause (I) to the
remaining States in accordance with
subparagraph (A).
``(ii) Requirements on specially qualified
agencies.--If a specially qualified agency
receives funds under this subparagraph, the
requirements of subsection (b) shall not apply
to the agency. In lieu of those requirements,
the specially qualified agency shall expend the
funds for the authorized activities described
in section 3108(b) and otherwise shall satisfy
the requirements of section 3108.
``(C) Special rule for puerto rico.--The total amount
allotted to Puerto Rico for any fiscal year under
subparagraph (A) shall not exceed .5 percent of the
total amount allotted to all States for that fiscal
year.
``(4) Use of data for determinations.--
``(A) In general.--Except as provided in subparagraph
(B), for the purpose of determining the number of
children and youth who are limited English proficient
and reside in a State and in all States for each fiscal
year, the Secretary shall use the most recent
satisfactory data available from the Bureau of the
Census and the American Community Survey available from
the Department of Commerce.
``(B) Exception.--If the data described in
subparagraph (A) are more than 4 years old or
unavailable, the Secretary shall use the most recent
satisfactory data provided by the States, such as
enrollment data and data that reflect the number of
students taking the English proficiency assessments in
the States.
``(5) No reduction permitted based on teaching method.--The
Secretary may not reduce a State's allotment based on the
State's selection of any method of instruction as its preferred
method of teaching the English language to children who are
limited English proficient.
``SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
``(a) Eligible Entities.--For the purpose of carrying out programs
under this part for individuals served by elementary, secondary, and
postsecondary schools operated predominately for Native American or
Alaska Native children, the following shall be considered to be a local
educational agency:
``(1) An Indian tribe.
``(2) A tribally sanctioned educational authority.
``(3) A Native Hawaiian or Native American Pacific Islander
native language educational organization.
``(4) An elementary or secondary school that is operated or
funded by the Bureau of Indian Affairs, or a consortium of such
schools.
``(5) An elementary or secondary school operated under a
contract with or grant from the Bureau of Indian Affairs, in
consortium with another such school or a tribal or community
organization.
``(6) An elementary or secondary school operated by the
Bureau of Indian Affairs and an institution of higher
education, in consortium with an elementary or secondary school
operated under a contract with or grant from the Bureau of
Indian Affairs or a tribal or community organization.
``(b) Submission of Applications for Assistance.--Notwithstanding any
other provision of this part, an entity that is considered to be a
local educational agency under subsection (a), and that desires to
submit an application for Federal financial assistance under this
subpart, shall submit the application to the Secretary. In all other
respects, such an entity shall be eligible for a subgrant under this
subpart on the same basis as any other local educational agency.
``SEC. 3107. APPLICATIONS BY STATES.
``For purposes of section 3105, an application submitted by a State
for a grant under such section for a fiscal year is in accordance with
this section if the application--
``(1) describes the process that the State will use in making
competitive subgrants to eligible entities under section
3109(c);
``(2) contains an agreement that, in carrying out this
subpart, the State will address the needs of school systems of
all sizes and in all geographic areas, including rural and
urban schools;
``(3) contains an agreement that competitive subgrants to
eligible entities under section 3109(c) shall be of sufficient
size and scope to allow such entities to carry out high quality
education programs for limited English proficient children;
``(4) contains an agreement that the State will coordinate
its programs and activities under this subpart with its other
programs and activities under this Act and other Acts, as
appropriate;
``(5) contains an agreement that the State--
``(A) shall monitor the progress of students enrolled
in programs and activities receiving assistance under
this subpart in attaining English proficiency and in
attaining challenging State academic content standards
and challenging State student academic achievement
standards;
``(B) shall establish standards and benchmarks for
English language development that are aligned with
State academic content and achievement standards; and
``(C) will ensure that eligible entities comply with
section 3104 to annually test children in English who
have been in the United States for 3 or more
consecutive years;
``(6) contains an assurance that the State will develop high-
quality annual assessments to measure English language
proficiency and require eligible entities receiving a subgrant
under this subpart annually to assess the English proficiency
of all children with limited English proficiency participating
in a program funded under this subpart;
``(7) contains an agreement that the State will develop
annual performance objectives for raising the level of English
proficiency of each limited English proficient student, and
that these objectives shall include percentage increases in
performance on annual assessments in reading, writing,
speaking, and listening comprehension as compared to the
preceding school year; and
``(8) contains an agreement that the State will require
eligible entities receiving a subgrant under this subpart to
use the subgrant in ways that will build such recipient's
capacity to continue to offer high-quality English language
instruction and programs which assist limited English
proficient children in attaining challenging State academic
content standards and challenging State student academic
achievement standards once assistance under this subpart is no
longer available.
``SEC. 3108. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State may make a subgrant to an
eligible entity from funds received by the State under this subpart
only if the entity agrees to expend the funds to improve the education
of limited English proficient children and their families, through the
acquisition of English and the attainment of challenging State academic
content standards and challenging State student academic achievement
standards, using approaches and methodologies based on scientifically
based reading research and sound research and theory on teaching
limited English proficient children, by--
``(1) developing and implementing new English language and
academic content instructional programs for children who are
limited English proficient, including programs of early
childhood education and kindergarten through 12th grade
education;
``(2) carrying out highly focused, innovative, locally
designed projects to expand or enhance existing English
language and academic content instruction programs for limited
English proficient children;
``(3) implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs and operations relating to English language
and academic content instruction for limited English proficient
students; or
``(4) implementing, within the entire jurisdiction of a local
educational agency, agencywide programs for restructuring,
reforming, and upgrading all relevant programs and operations
relating to English language and academic content instruction
for limited English proficient students.
``(b) Authorized Subgrantee Activities.--
``(1) In general.--Subject to paragraph (2), a State may make
a subgrant to an eligible entity from funds received by the
State under this subpart in order that the eligible entity may
achieve one of the purposes described in subsection (a) by
undertaking one or more of the following activities to improve
the understanding, and use, of the English language, based on a
child's learning skills and attainment of challenging State
academic content standards and challenging State student
academic achievement standards:
``(A) Upgrading program objectives and effective
instructional strategies.
``(B) Improving the instruction program for limited
English proficient students by identifying, acquiring,
and upgrading curricula, instructional materials,
educational software, and assessment procedures.
``(C) Providing--
``(i) tutorials and academic or vocational
education for limited English proficient
children; and
``(ii) intensified instruction.
``(D) Developing and implementing elementary or
secondary school English language instructional
programs that are coordinated with other relevant
programs and services.
``(E) Providing professional development to classroom
teachers, principals, administrators, and other school
or community-based organizational personnel to improve
the instruction and assessment of children who are
limited English proficient children.
``(F) Improving the English language proficiency and
academic performance of limited English proficient
children.
``(G) Improving the instruction of limited English
proficient children by providing for the acquisition or
development of education technology or instructional
materials, access to and participation in electronic
networks for materials, training and communications,
and incorporation of such resources in curricula and
programs, such as those funded under this subpart.
``(H) Developing tutoring programs for limited
English proficient children that provide early
intervention and intensive instruction in order to
improve academic achievement, to increase graduation
rates among limited English proficient children, and to
prepare students for transition as soon as possible
into classrooms where instruction is not tailored for
limited English proficient children.
``(I) Providing family literacy services and parent
outreach and training activities to limited English
proficient children and their families to improve their
English language skills and assist parents in helping
their children to improve their academic performance.
``(J) Other activities that are consistent with the
purposes of this part.
``(2) Moving children out of specialized classrooms.--Any
program or activity undertaken by an eligible entity using a
subgrant from a State under this subpart shall be designed to
assist students enrolled in the program or activity to attain
English proficiency and meet challenging State academic content
standards and challenging State student academic achievement
standards as soon as possible, but not later than after 3
consecutive years of attendance in United States schools
(excluding schools in Puerto Rico), and to move into a
classroom where instruction is not tailored for limited English
proficient children.
``(c) Selection of Method of Instruction.--To receive a subgrant from
a State under this subpart, an eligible entity shall select one or more
methods or forms of instruction to be used in the programs and
activities undertaken by the entity to assist limited English
proficient children to attain English proficiency and meet challenging
State academic content standards and challenging State student academic
achievement standards. Such selection shall be consistent with sections
3134 and 3135.
``(d) Duration of Subgrants.--The duration of a competitive subgrant
made by a State under section 3109(c) shall be determined by the State
in its discretion.
``(e) Applications by Eligible Entities.--
``(1) In general.--To receive a subgrant from a State under
this subpart, an eligible entity shall submit an application to
the State at such time, in such form, and containing such
information as the State may require.
``(2) Required documentation.--The application shall--
``(A) describe the programs and activities proposed
to be developed, implemented, and administered under
the subgrant;
``(B) describe how the eligible entity will use the
subgrant funds to satisfy the requirement in subsection
(b)(2); and
``(C) describe how the eligible entity, using the
disaggregated results of the student assessments
required under section 1111(b)(4) and other measures
available, will annually review the progress of
elementary and secondary schools within its
jurisdiction, or served by it, to determine if such
schools are making the adequate yearly progress
necessary to ensure that limited English proficient
students attending the schools will meet the State's
proficient level of performance on the State assessment
described in section 1111(b)(4), and will hold such
schools accountable for making such progress.
``(3) Requirements for approval.--The application shall
contain assurances that--
``(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
children who are limited English proficient, and who
are proficient in English, including written and oral
communication skills;
``(B) if the eligible entity includes one or more
local educational agencies, each such agency is
complying with section 3103(b) prior to, and
throughout, each school year;
``(C) the eligible entity annually will assess the
English proficiency of all children with limited
English proficiency participating in programs funded
under this subpart;
``(D) the eligible entity has based its proposal on
scientifically based reading research and sound
research and theory on teaching limited English
proficient children;
``(E) the eligible entity has described in the
application how students enrolled in the programs and
activities proposed in the application will be
proficient in English after 3 academic years of
enrollment;
``(F) the eligible entity will ensure that programs
will enable children to speak, read, write, and
comprehend the English language and meet challenging
State academic content standards and challenging State
student academic achievement standards; and
``(G) the eligible entity is not in violation of any
State law, including State constitutional law,
regarding the education of limited English proficient
children, consistent with sections 3134 and 3135.
``(4) Quality.--For the purposes of awarding competitive
subgrants under section 3109(c), a State shall consider the
quality of each application and ensure that it is of sufficient
size and scope to meet the purposes of this subpart.
``SEC. 3109. DISTRIBUTION OF SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) In General.--A State shall expend at least 95 percent of its
allotment under section 3105(c) each fiscal year for the purpose of
making subgrants to eligible entities within the State that have
approved applications, in accordance with subsections (b) and (c).
``(b) Formula Subgrants.--
``(1) Reservation.--75 percent of the amount expended by a
State for subgrants under this subpart shall be reserved for
subgrants to eligible entities described in subsection (a) in
which, during the fiscal year for which the subgrant is to be
made, the number of limited English proficient children and
youth who are enrolled in public and nonpublic elementary or
secondary schools located in geographic areas under the
jurisdiction of, or served by, such entities is equal to at
least 500 students, or 3 percent of the total number of
children and youth enrolled in such schools during such fiscal
year, whichever is less.
``(2) Allotment.--From the amount reserved under paragraph
(1), the State shall allot to each eligible entity described in
such paragraph a percentage based on the ratio of--
``(A) the number of limited English proficient
children and youth who are enrolled in public and
nonpublic elementary or secondary schools located in
geographic areas under the jurisdiction of, or served
by, such entity during the fiscal year for which the
allotment is to be made; to
``(B) the number of such children and youth in all
such eligible entities.
``(3) Reallotment.--Whenever a State determines that an
allotment made to an eligible entity under this subsection for
a fiscal year will not be used by the entity for the purpose
for which it was made, the State shall, in accordance with such
rules as it deems appropriate, reallot such amount, consistent
with paragraph (2), to other eligible entities in the State for
carrying out that purpose.
``(c) Competitive Subgrants.--25 percent of the amount expended by a
State for subgrants under this subpart shall be reserved for
competitive subgrants to eligible entities described in subsection (a)
that the State determines--
``(1) have experienced significant increases, as compared to
the previous 2 years, in the percentage or number of children
and youth with limited English proficiency, including recent
immigrant children, that have enrolled in public and nonpublic
elementary or secondary schools in the geographic areas under
the jurisdiction of, or served by, such entities during the
fiscal year for which the subgrant is to be made; or
``(2) do not satisfy the requirements of subsection (b)(1)
but have significant needs for programs under this subpart.
``SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there are authorized
to be appropriated $750,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``Subpart 2--Administration
``SEC. 3121. EVALUATIONS.
``(a) In General.--Each eligible entity that receives a subgrant from
a State under subpart 1 shall provide the State, at the conclusion of
every second fiscal year during which the subgrant is received, with an
evaluation, in a form prescribed by the State, of--
``(1) the programs and activities conducted by the entity
with funds received under subpart 1 during the 2 immediately
preceding fiscal years;
``(2) the progress made by students in learning the English
language and meeting challenging State academic content
standards and challenging State student academic achievement
standards;
``(3) the number and percentage of students in the programs
and activities attaining English language proficiency by the
end of each school year, as determined by a valid and reliable
assessment of English proficiency; and
``(4) the progress made by students in meeting challenging
State academic content standards and challenging State student
academic achievement standards for each of the 2 years after
such students are no longer receiving services under this part.
``(b) Use of Evaluation.--An evaluation provided by an eligible
entity under subsection (a) shall be used by the entity and the State--
``(1) for improvement of programs and activities;
``(2) to determine the effectiveness of programs and
activities in assisting children who are limited English
proficient to attain English proficiency (as measured
consistent with subsection (d)) and meet challenging State
academic content standards and challenging State student
academic achievement standards; and
``(3) in determining whether or not to continue funding for
specific programs or projects.
``(c) Evaluation Components.--An evaluation provided by an eligible
entity under subsection (a) shall include--
``(1) an evaluation of whether students enrolling in a
program or activity conducted by the entity with funds received
under subpart 1--
``(A) have attained English proficiency and are
meeting challenging State academic content academic and
challenging State student academic achievement
standards; and
``(B) have achieved a working knowledge of the
English language that is sufficient to permit them to
perform, in English, in a classroom that is not
tailored to limited English proficient children; and
``(2) such other information as the State may require.
``(d) Evaluation Measures.--In prescribing the form of an evaluation
provided by an entity under subsection (a), a State shall approve
evaluation measures, as applicable, for use under subsection (c) that
are designed to assess--
``(1) oral language proficiency in kindergarten;
``(2) oral language proficiency, including speaking and
listening skills, in first grade;
``(3) both oral language proficiency, including speaking and
listening skills, and reading and writing proficiency in grades
2 and higher; and
``(4) attainment of challenging State student academic
achievement standards.
``SEC. 3122. REPORTING REQUIREMENTS.
``(a) States.--Based upon the evaluations provided to a State under
section 3121, each State that receives a grant under subpart 1 shall
prepare and submit every second year to the Secretary a report on
programs and activities undertaken by the State under such subpart and
the effectiveness of such programs and activities in improving the
education provided to children who are limited English proficient.
``(b) Secretary.--Every second year, the Secretary shall prepare and
submit to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on--
``(1) programs and activities undertaken by States under
subpart 1 and the effectiveness of such programs and activities
in improving the education provided to children who are limited
English proficient;
``(2) the types of instructional programs used under subpart
1 to teach limited English proficient children;
``(3) the number of programs or projects, if any, that were
terminated because they were not able to reach program goals;
``(4) the number of limited English proficient children
served under subpart 1 who were transitioned out of special
instructional programs funded under such subpart into
classrooms where instruction is not tailored for limited
English proficient children; and
``(5) other information gathered from the reports submitted
under subsection (a).
``SEC. 3123. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of children and youth of limited English proficiency,
the Secretary shall coordinate and ensure close cooperation with other
programs serving language-minority and limited English proficient
students that are administered by the Department and other agencies.
``Subpart 3--General Provisions
``SEC. 3131. DEFINITIONS.
``For purposes of this part:
``(1) Children and youth.--The term `children and youth'
means individuals aged 3 through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in the
community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or State educational
agency.
``(4) Native hawaiian or native american pacific islander
native language educational organization.--The term `Native
Hawaiian or Native American Pacific Islander native language
educational organization' means a nonprofit organization with a
majority of its governing board and employees consisting of
fluent speakers of the traditional Native American languages
used in their educational programs and with not less than 5
years successful experience in providing educational services
in traditional Native American languages.
``(5) Native language.--The term `native language', when used
with reference to an individual who is limited English
proficient, means the language normally used by such
individual.
``(6) Specially qualified agency.--The term `specially
qualified agency', when used with respect to a fiscal year,
means an eligible entity located in a State that, for that
year--
``(A) does not submit to the Secretary an application
under sections 3105(a) and 3107; or
``(B) submits an application (or any modification to
an application) that the Secretary, after reasonable
notice and opportunity for a hearing, determines does
not satisfy the requirements of subpart 1.
``(7) Tribally sanctioned educational authority.--The term
`tribally sanctioned educational authority' means--
``(A) any department or division of education
operating within the administrative structure of the
duly constituted governing body of an Indian tribe; and
``(B) any nonprofit institution or organization that
is--
``(i) chartered by the governing body of an
Indian tribe to operate a school described in
section 3106(a) or otherwise to oversee the
delivery of educational services to members of
the tribe; and
``(ii) approved by the Secretary for the
purpose of carrying out programs under subpart
1 for individuals served by a school described
in section 3106(a).
``SEC. 3132. RULES OF CONSTRUCTION.
``Nothing in subpart 1 shall be construed--
``(1) to prohibit a local educational agency from serving
limited English proficient children and youth simultaneously
with students with similar educational needs, in the same
educational settings where appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for limited English proficient children;
or
``(3) to limit the preservation or use of Native American
languages as defined in the Native American Languages Act of
1990.
``SEC. 3133. LIMITATION ON FEDERAL REGULATIONS.
``The Secretary shall issue regulations under this part only to the
extent that such regulations are necessary to ensure compliance with
the specific requirements of this part.
``SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this part shall be construed to negate or supersede
State law, or the legal authority under State law of any State agency,
State entity, or State public official, over programs that are under
the jurisdiction of the State agency, entity, or official.
``SEC. 3135. CIVIL RIGHTS.
``Nothing in this part shall be construed in a manner inconsistent
with any Federal law guaranteeing a civil right.
``SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Programs authorized under subpart 1 that serve Native American
children, Native Pacific Island children, and children in the
Commonwealth of Puerto Rico, notwithstanding any other provision of
subpart 1, may include programs of instruction, teacher training,
curriculum development, evaluation, and testing designed for Native
American children learning and studying Native American languages and
children of limited Spanish proficiency, except that a primary outcome
of programs serving such children shall be increased English
proficiency among such children.''.
SEC. 302. CONFORMING AMENDMENT TO DEPARTMENT OF EDUCATION ORGANIZATION
ACT.
(a) In General.--
(1) Renaming of office.--The Department of Education
Organization Act is amended by striking ``Office of Bilingual
Education and Minority Languages Affairs'' each place such term
appears in the text and inserting ``Office of Educational
Services for Limited English Proficient Children''.
(2) Conforming amendment.--Section 209 of the Department of
Education Organization Act is amended by striking ``Director of
Bilingual Education and Minority Languages Affairs,'' and
inserting ``Director of Educational Services for Limited
English Proficient Children,''.
(b) Clerical Amendments.--
(1) Section 209.--The section heading for section 209 of the
Department of Education Organization Act is amended to read as
follows:
``office of educational services for limited english proficient
children''.
(2) Section 216.--The section heading for section 216 of the
Department of Education Organization Act is amended to read as
follows:
``SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIMITED ENGLISH
PROFICIENT CHILDREN.''.
(3) Table of contents.--
(A) Section 209.--The table of contents of the
Department of Education Organization Act is amended by
amending the item relating to section 209 to read as
follows:
``Sec. 209. Office of Educational Services for Limited English
Proficient Children.''.
(B) Section 216.--The table of contents of the
Department of Education Organization Act is amended by
amending the item relating to section 216 to read as
follows:
``Sec. 216. Office of Educational Services for Limited English
Proficient Children.''.
PART B--INDIAN AND ALASKA NATIVE EDUCATION
SEC. 311. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
(a) In General.--Title III (as amended by section 301 of this Act) is
further amended by adding at the end the following new part:
``PART B--INDIAN AND ALASKA NATIVE EDUCATION
``Subpart 1--Indian Education
``SEC. 3201. FINDINGS.
``Congress finds that--
``(1) the Federal Government has a special responsibility to
ensure that educational programs for all American Indian and
Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive academic content standards and student
academic achievement standards and build on Indian
culture and the Indian community;
``(B) assist local educational agencies, Indian
tribes, and other entities and individuals in providing
Indian students the opportunity to achieve such
standards; and
``(C) meet the unique educational and culturally
related academic needs of American Indian and Alaska
Native students;
``(2) since the date of the enactment of the initial Indian
Education Act in 1972, the level of involvement of Indian
parents in the planning, development, and implementation of
educational programs that affect such parents and their
children has increased significantly, and schools should
continue to foster such involvement;
``(3) although the number of Indian teachers, administrators,
and university professors has increased since 1972, teacher
training programs are not recruiting, training, or retraining a
sufficient number of Indian individuals as educators to meet
the needs of a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
``(4) the dropout rate for Indian students is unacceptably
high; 9 percent of Indian students who were eighth graders in
1988 had dropped out of school by 1990;
``(5) during the period from 1980 to 1990, the percentage of
Indian individuals living at or below the poverty level
increased from 24 percent to 31 percent, and the readiness of
Indian children to learn is hampered by the high incidence of
poverty, unemployment, and health problems among Indian
children and their families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of the
research is of poor quality or is focused on limited local or
regional issues.
``SEC. 3202. PURPOSE.
``(a) Purpose.--It is the purpose of this subpart to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities to meet the unique
educational and culturally related academic needs of American Indians
and Alaska Natives, so that such students can achieve to the same
challenging State academic achievement standards expected of all other
students.
``(b) Programs.--this subpart carries out the purpose described in
subsection (a) by authorizing programs of direct assistance for--
``(1) meeting the unique educational and culturally related
academic needs of American Indians and Alaska Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people; and
``(4) research, evaluation, data collection, and technical
assistance.
``CHAPTER 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 3211. PURPOSE.
``It is the purpose of this chapter to support local educational
agencies in their efforts to reform elementary and secondary school
programs that serve Indian students in order to ensure that such
programs--
``(1) are based on challenging State academic content
standards and State student academic achievement standards that
are used for all students; and
``(2) are designed to assist Indian students in meeting those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this chapter for any fiscal
year if the number of Indian children eligible under section
3217 and who were enrolled in the schools of the agency, and to
whom the agency provided free public education, during the
preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the
total number of individuals enrolled in the schools of
such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall not
apply in Alaska, California, or Oklahoma, or with respect to
any local educational agency located on, or in proximity to, a
reservation.
``(b) Indian Tribes.--
``(1) In general.--If a local educational agency that is
eligible for a grant under this chapter does not establish a
parent committee under section 3214(c)(4) for such grant, an
Indian tribe that represents not less than one-half of the
eligible Indian children who are served by such local
educational agency may apply for such grant.
``(2) Special rule.--The Secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if such
Indian tribe were a local educational agency for purposes of
this chapter, except that any such tribe is not subject to
section 3214(c)(4), section 3218(c), or section 3219.
``SEC. 3213. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency which has an approved application under this
chapter an amount equal to the product of--
``(A) the number of Indian children who are eligible
under section 3217 and served by such agency; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which such agency is located; or
``(ii) 80 percent of the average per pupil
expenditure in the United States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation determined under paragraph (1) in accordance
with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), a local
educational agency or an Indian tribe (as authorized under
section 3212(b)) that is eligible for a grant under section
3212, and a school that is operated or supported by the Bureau
of Indian Affairs that is eligible for a grant under subsection
(d), that submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a grant
under this chapter in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under this
chapter.
``(3) Increase.--The Secretary may increase the minimum grant
under paragraph (1) to not more than $4,000 for all grantees if
the Secretary determines such increase is necessary to ensure
the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the term `average
per pupil expenditure of a State' means an amount equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) Subject to subsection (e), in addition to the grants
awarded under subsection (a), the Secretary shall allocate to the
Secretary of the Interior an amount equal to the product of--
``(A) the total number of Indian children enrolled in schools
that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled
or sanctioned by an Indian tribal government, for the
children of that tribe under a contract with, or grant
from, the Department of the Interior under the Indian
Self-Determination Act or the Tribally Controlled
Schools Act of 1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of the State
in which the school is located; or
``(ii) 80 percent of the average per pupil
expenditure in the United States.
``(2) Any school described in paragraph (1)(A) that wishes to
receive an allocation under this chapter shall submit an
application in accordance with section 3214, and shall
otherwise be treated as a local educational agency for the
purpose of this chapter, except that such school shall not be
subject to section 3214(c)(4), section 3218(c), or section
3219.
``(e) Ratable Reductions.--If the sums appropriated for any fiscal
year under section 3252(a) are insufficient to pay in full the amounts
determined for local educational agencies under subsection (a)(1) and
for the Secretary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
``SEC. 3214. APPLICATIONS.
``(a) Application Required.--Each local educational agency that
desires to receive a grant under this chapter shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application submitted
under subsection (a) shall include a comprehensive program for meeting
the needs of Indian children served by the local educational agency,
including the language and cultural needs of the children, that--
``(1) provides programs and activities to meet the culturally
related academic needs of American Indian and Alaska Native
students;
``(2)(A) is consistent with State and local plans under other
provisions of this Act; and
``(B) includes academic content and student performance goals
for such children, and benchmarks for attaining such goals,
that are based on the challenging State standards under title
I;
``(3) explains how Federal, State, and local programs,
especially under title I, will meet the needs of such students;
``(4) demonstrates how funds made available under this
chapter will be used for activities described in section 3215;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers and other school professionals who are
new to the Indian community are prepared to work with
Indian children; and
``(B) all teachers who will be involved in programs
assisted under this chapter have been properly trained
to carry out such programs; and
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all
Indian children enrolled in the schools of the local
educational agency, including Indian children who do
not participate in programs assisted under this
chapter, in meeting the goals described in paragraph
(2);
``(B) will provide the results of each assessment
referred to in subparagraph (A) to--
``(i) the committee of parents described in
subsection (c)(4); and
``(ii) the community served by the local
educational agency; and
``(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A).
``(c) Assurances.--Each application submitted under subsection (a)
shall include assurances that--
``(1) the local educational agency will use funds received
under this chapter only to supplement the level of funds that,
in the absence of the Federal funds made available under this
chapter, such agency would make available for the education of
Indian children, and not to supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such information,
as the Secretary may require to--
``(A) carry out the functions of the Secretary under
this chapter; and
``(B) determine the extent to which funds provided to
the local educational agency under this chapter are
effective in improving the educational achievement of
Indian students served by such agency;
``(3) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment
and prioritization of the unique educational and
culturally related academic needs of the American
Indian and Alaska Native students to whom the local
educational agency is providing an education;
``(B) will use the best available talents and
resources, including individuals from the Indian
community; and
``(C) was developed by such agency in open
consultation with parents of Indian children and
teachers, and, if appropriate, Indian students from
secondary schools, including public hearings held by
such agency to provide the individuals described in
this subparagraph a full opportunity to understand the
program and to offer recommendations regarding the
program; and
``(4) the local educational agency developed the program with
the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) parents of Indian children in the local
educational agency's schools and teachers; and
``(ii) if appropriate, Indian students
attending secondary schools;
``(B) a majority of whose members are parents of
Indian children;
``(C) that sets forth such policies and procedures,
including policies and procedures relating to the
hiring of personnel, as will ensure that the program
for which assistance is sought will be operated and
evaluated in consultation with, and with the
involvement of, parents of the children, and
representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 3215(c),
that has--
``(i) reviewed in a timely fashion the
program; and
``(ii) determined that the program will not
diminish the availability of culturally related
activities for American Indian and Alaskan
Native students; and
``(E) that has adopted reasonable bylaws for the
conduct of the activities of the committee and abides
by such bylaws.
``SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this chapter shall use the grant funds, in a
manner consistent with the purpose specified in section 3211, for
services and activities that--
``(1) are designed to carry out the comprehensive program of
the local educational agency for Indian students, and described
in the application of the local educational agency submitted to
the Secretary under section 3214(b);
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities referred to
in subsection (a) may include--
``(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of challenging State academic content standards and
State student academic achievement standards;
``(4) integrated educational services in combination with
other programs that meet the needs of Indian children and their
families;
``(5) career preparation activities to enable Indian students
to participate in programs such as the programs supported by
the Carl D. Perkins Vocational and Technical Education Act of
1998, including programs for tech-prep, mentoring, and
apprenticeship;
``(6) activities to educate individuals concerning substance
abuse and to prevent substance abuse;
``(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the purposes
described in section 3211; and
``(8) family literacy services.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
law, a local educational agency may use funds made available to such
agency under this chapter to support a schoolwide program under section
1114 if--
``(1) the committee composed of parents established pursuant
to section 3214(c)(4) approves the use of the funds for the
schoolwide program; and
``(2) the schoolwide program is consistent with the purposes
described in section 3211.
``(d) Limitation on Administrative Costs.--Not more than 5 percent of
the funds provided to a grantee under this chapter for any fiscal year
may be used for administrative purposes.
``SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this chapter may submit
a plan to the Secretary for the integration of education and related
services provided to Indian students.
``(b) Coordination of Programs.--Upon the receipt of an acceptable
plan, the Secretary, in cooperation with each Federal agency providing
grants for the provision of education and related services to the
applicant, shall authorize the applicant to coordinate, in accordance
with such plan, its federally funded education and related services
programs, or portions thereof, serving Indian students in a manner that
integrates the program services involved into a single, coordinated,
comprehensive program and reduces administrative costs by consolidating
administrative functions.
``(c) Programs Affected.--The funds that may be consolidated in a
demonstration project under any such plan referred to in subsection (b)
shall include funds for any Federal program exclusively serving Indian
children or the funds reserved under any program to exclusively serve
Indian children under which the applicant is eligible for receipt of
funds under a statutory or administrative formula for the purposes of
providing education and related services which would be used to serve
Indian students.
``(d) Plan Requirements.--For a plan to be acceptable pursuant to
subsection (b), it shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the purposes of this section
authorizing the services to be integrated in a demonstration
project;
``(3) describe a comprehensive strategy which identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the goals set forth in this chapter;
``(4) describe the way in which services are to be integrated
and delivered and the results expected from the plan;
``(5) identify the projected expenditures under the plan in a
single budget;
``(6) identify the local, State, or tribal agency or agencies
to be involved in the delivery of the services integrated under
the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the applicant believes need to be
waived in order to implement its plan;
``(8) set forth measures of student achievement and
performance goals designed to be met within a specified period
of time; and
``(9) be approved by a parent committee formed in accordance
with section 3214(c)(4), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an eligible entity,
the Secretary shall consult with the Secretary of each Federal
department providing funds to be used to implement the plan, and with
the entity submitting the plan. The parties so consulting shall
identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to enable
the applicant to implement its plan. Notwithstanding any other
provision of law, the Secretary of the affected department or
departments shall have the authority to waive any regulation, policy,
or procedure promulgated by that department that has been so identified
by the applicant or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent with the
intent of this chapter or those provisions of the statute from which
the program involved derives its authority which are specifically
applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of an
applicant's plan by the Secretary, the Secretary shall inform the
applicant, in writing, of the Secretary's approval or disapproval of
the plan. If the plan is disapproved, the applicant shall be informed,
in writing, of the reasons for the disapproval and shall be given an
opportunity to amend its plan or to petition the Secretary to
reconsider such disapproval.
``(g) Responsibilities of Department of Education.--Not later than
180 days after the date of the enactment of the No Child Left Behind
Act of 2001, the Secretary of Education, the Secretary of the Interior,
and the head of any other Federal department or agency identified by
the Secretary of Education, shall enter into an interdepartmental
memorandum of agreement providing for the implementation of the
demonstration projects authorized under this section. The lead agency
head for a demonstration program under this section shall be--
``(1) the Secretary of the Interior, in the case of applicant
meeting the definition of contract or grant school under title
XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
applicant.
``(h) Responsibilities of Lead Agency.--The responsibilities of the
lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project which shall be used by an eligible
entity to report on the activities undertaken under the
project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal oversight
for the project, which shall be implemented by the lead agency;
and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be developed
by the Secretary, consistent with the requirements of this section.
Such report format, together with records maintained on the
consolidated program at the local level, shall contain such information
as will allow a determination that the eligible entity has complied
with the requirements incorporated in its approved plan, including the
demonstration of student achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all directly
applicable statutory requirements and with those directly applicable
regulatory requirements which have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment of this
section.
``(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide for an
interagency transfer of funds otherwise available to an eligible entity
in order to further the purposes of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds shall be administered in
such a manner as to allow for a determination that funds from
specific a program or programs are spent on allowable
activities authorized under such program, except that the
eligible entity shall determine the proportion of the funds
granted which shall be allocated to such program.
``(2) Separate records not required.--Nothing in this section
shall be construed as requiring the eligible entity to maintain
separate records tracing any services or activities conducted
under its approved plan to the individual programs under which
funds were authorized, nor shall the eligible entity be
required to allocate expenditures among such individual
programs.
``(m) Overage.--All administrative costs may be commingled and
participating entities shall be entitled to the full amount of such
costs (under each program or department's regulations), and no overage
shall be counted for Federal audit purposes, provided that the overage
is used for the purposes provided for under this section.
``(n) Fiscal Accountability.--Nothing in this subpart shall be
construed so as to interfere with the ability of the Secretary or the
lead agency to fulfill the responsibilities for the safeguarding of
Federal funds pursuant to the Single Audit Act of 1984.
``(o) Report on Statutory Obstacles to Program Integration.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the No Child Left Behind Act of 2001,
the Secretary of Education shall submit a preliminary report to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives on the status of the implementation of
the demonstration program authorized under this section.
``(2) Final report.--Not later than 5 years after the date of
the enactment of the No Child Left Behind Act of 2001, the
Secretary of Education shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives on the results of the implementation of the
demonstration program authorized under this section. Such
report shall identify statutory barriers to the ability of
participants to integrate more effectively their education and
related services to Indian students in a manner consistent with
the purposes of this section.
``(p) Definitions.--For the purposes of this section, the term
`Secretary' means--
``(1) the Secretary of the Interior, in the case of applicant
meeting the definition of contract or grant school under title
XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
applicant.
``SEC. 3217. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part of an
application for a grant under this chapter, each applicant shall
maintain a file, with respect to each Indian child for whom the local
educational agency provides a free public education, that contains a
form that sets forth information establishing the status of the child
as an Indian child eligible for assistance under this chapter and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--
``(1) In general.--The form described in subsection (a) shall
include--
``(A) either--
``(i)(I) the name of the tribe or band of
Indians (as described in section 3251(3)) with
respect to which the child claims membership;
``(II) the enrollment number establishing the
membership of the child (if readily available);
and
``(III) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or band
of Indians; or
``(ii) if the child is not a member of a
tribe or band of Indians, the name, the
enrollment number (if readily available), and
the organization (and address thereof)
responsible for maintaining updated and
accurate membership rolls of the tribe of any
parent or grandparent of the child from whom
the child claims eligibility;
``(B) a statement of whether the tribe or band of
Indians with respect to which the child, parent, or
grandparent of the child claims membership is federally
recognized;
``(C) the name and address of the parent or legal
guardian of the child;
``(D) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information
supplied; and
``(E) any other information that the Secretary
considers necessary to provide an accurate program
profile.
``(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the amount
of a grant award made under section 3213, an eligibility form
prepared pursuant to this section for a child shall include--
``(A) the name of the child;
``(B) the name of the tribe or band of Indians (as
described in section 3251(3)) with respect to which the
child claims eligibility; and
``(C) the dated signature of the parent or guardian
of the child.
``(3) Failure.--The failure of an applicant to furnish any
information described in this subsection other than the
information described in paragraph (2) with respect to any
child shall have no bearing on the determination of whether the
child is an eligible Indian child for the purposes of
determining the amount of a grant award made under section
3213.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 3251.
``(d) Forms and Standards of Proof.--The forms and the standards of
proof (including the standard of good faith compliance) that were in
use during the 1985-1986 academic year to establish the eligibility of
a child for entitlement under the Indian Elementary and Secondary
School Assistance Act shall be the forms and standards of proof used--
``(1) to establish such eligibility; and
``(2) to meet the requirements of subsection (a).
``(e) Documentation.--For purposes of determining whether a child is
eligible to be counted for the purpose of computing the amount of a
grant under section 3213, the membership of the child, or any parent or
grandparent of the child, in a tribe or band of Indians may be
established by proof other than an enrollment number, notwithstanding
the availability of an enrollment number for a member of such tribe or
band. Nothing in subsection (b) shall be construed to require the
furnishing of an enrollment number.
``(f) Monitoring and Evaluation Review.--
``(1) In general.--(A) For each fiscal year, in order to
provide such information as is necessary to carry out the
responsibility of the Secretary to provide technical assistance
under this chapter, the Secretary shall conduct a monitoring
and evaluation review of a sampling of the recipients of grants
under this chapter. The sampling conducted under this
subparagraph shall take into account the size of the local
educational agency and the geographic location of such agency.
``(B) A local educational agency may not be held liable to
the United States or be subject to any penalty, by reason of
the findings of an audit that relates to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, the eligibility of a child
for entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant under
this chapter shall--
``(A) be ineligible to apply for any other grant
under this subpart; and
``(B) be liable to the United States for any funds
that have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of a
grant under section 3213.
``(g) Tribal Grant and Contract Schools.--Notwithstanding any other
provision of this section, in awarding funds under this chapter to a
tribal school that receives a grant or contract from the Bureau of
Indian Affairs, the Secretary shall use only one of the following, as
selected by the school:
``(1) A count of the number of students in those schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(h) Timing of Child Counts.--For purposes of determining the number
of children to be counted in calculating the amount of a local
educational agency's grant under this chapter (other than in the case
described in subsection (g)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during which, the agency counts those
children, so long as that date or period occurs before the
deadline established by the Secretary for submitting an
application under section 3214; and
``(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency on
that date or during that period, as the case may be.
``SEC. 3218. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the Secretary
shall pay to each local educational agency that submits an application
that is approved by the Secretary under this chapter the amount
determined under section 3213. The Secretary shall notify the local
educational agency of the amount of the payment not later than June 1
of the year for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The Secretary may
not make a grant under this chapter to a local educational agency for a
fiscal year if, for such fiscal year, the State in which the local
educational agency is located takes into consideration payments made
under this chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State aid, with
respect to the free public education of children during such fiscal
year or the preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
``(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award determined
under section 3213 for any fiscal year unless the State
educational agency notifies the Secretary, and the Secretary
determines that, with respect to the provision of free public
education by the local educational agency for the preceding
fiscal year, the combined fiscal effort of the local
educational agency and the State, computed on either a per
student or aggregate expenditure basis, was not less than 90
percent of the amount of the combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
``(2) Failure to maintain effort.--If, for any fiscal year,
the Secretary determines that a local educational agency failed
to maintain the fiscal effort of such agency at the level
specified in paragraph (1), the Secretary shall--
``(A) reduce the amount of the grant that would
otherwise be made to such agency under this chapter in
the exact proportion of such agency's failure to
maintain its fiscal effort at such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that
would have been required to comply with paragraph (1).
``(3) Waiver.--(A) The Secretary may waive the requirement of
paragraph (1), for not more than 1 year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of such
agency's expenditures for the fiscal year preceding the fiscal
year for which a waiver is granted to determine compliance with
paragraph (1) for any succeeding fiscal year, but shall use the
amount of expenditures that would have been required to comply
with paragraph (1) in the absence of the waiver.
``(d) Reallocations.--The Secretary may reallocate, in a manner that
the Secretary determines will best carry out the purpose of this
chapter, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this chapter; or
``(2) otherwise become available for reallocation under this
chapter.
``SEC. 3219. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under section
3214, a local educational agency shall submit the application to the
State educational agency, which may comment on such application. If the
State educational agency comments on the application, it shall comment
on all applications submitted by local educational agencies in the
State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
``CHAPTER 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 3221. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children.
``(2) Coordination.--The Secretary shall take such actions as
are necessary to achieve the coordination of activities
assisted under this chapter with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the benefit
of American Indian and Alaska Native children.
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary and secondary school for Indian students, Indian
institution, including an Indian institution of higher education, or a
consortium of such institutions.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in subsection
(a)(1), including--
``(A) innovative programs related to the educational
needs of educationally disadvantaged children;
``(B) educational services that are not available to
such children in sufficient quantity or quality,
including remedial instruction, to raise the
achievement of Indian children in one or more of the
core academic subjects of English, mathematics,
science, foreign languages, art, history, and
geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and
other related activities, that address the unique
health, social, and psychological problems of Indian
children;
``(E) special compensatory and other programs and
projects designed to assist and encourage Indian
children to enter, remain in, or reenter school, and to
increase the rate of secondary school graduation;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) early childhood and kindergarten programs,
including family-based preschool programs that
emphasize school readiness and parental skills, and the
provision of services to Indian children with
disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that
allow secondary school students to enroll in courses at
the postsecondary level to aid such students in the
transition from secondary school to postsecondary
education;
``(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such
youth need to make an effective transition from school
to a high-skill, high-wage career;
``(J) programs designed to encourage and assist
Indian students to work toward, and gain entrance into,
an institution of higher education;
``(K) family literacy services; or
``(L) other services that meet the purpose described
in subsection (a)(1).
``(2) Professional development.--Professional development of
teaching professionals and paraprofessional may be a part of
any program assisted under this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--(A) The Secretary may make
multiyear grants under this section for the planning,
development, pilot operation, or demonstration of any activity
described in subsection (c) for a period not to exceed 5 years.
``(B) In making multiyear grants under this section, the
Secretary shall give priority to applications that present a
plan for combining two or more of the activities described in
subsection (c) over a period of more than 1 year.
``(C) The Secretary shall make a grant payment to an eligible
entity after the initial year of the multiyear grant only if
the Secretary determines that the eligible entity has made
substantial progress in carrying out the activities assisted
under the grant in accordance with the application submitted
under paragraph (2) and any subsequent modifications to such
application.
``(D)(i) In addition to awarding the multiyear grants
described in subparagraph (A), the Secretary may award grants
to eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(ii) The Secretary may award a dissemination grant under
this subparagraph if, prior to awarding the grant, the
Secretary determines that the material or program to be
disseminated has been adequately reviewed and has
demonstrated--
``(I) educational merit; and
``(II) the ability to be replicated.
``(2) Application.--(A) Any eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require.
``(B) Each application submitted to the Secretary under
subparagraph (A), other than an application for a dissemination
grant under paragraph (1)(D), shall contain--
``(i) a description of how parents of Indian children
and representatives of Indian tribes have been, and
will be, involved in developing and implementing the
activities for which assistance is sought;
``(ii) assurances that the applicant will
participate, at the request of the Secretary, in any
national evaluation of activities assisted under this
section;
``(iii) information demonstrating that the proposed
program is either a research-based program (which may
be a research-based program that has been modified to
be culturally appropriate for the students who will be
served);
``(iv) a description of how the applicant will
incorporate the proposed services into the ongoing
school program once the grant period is over; and
``(v) such other assurances and information as the
Secretary may reasonably require.
``(e) Administrative Costs.--Not more than 5 percent of the funds
provided to a grantee under this chapter for any fiscal year may be
used for administrative purposes.
``SEC. 3222. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian individuals
in teaching or other education professions that serve Indian
people;
``(2) to provide training to qualified Indian individuals to
enable such individuals to become teachers, administrators,
teacher aides, social workers, and ancillary educational
personnel; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) an institution of higher education, including an Indian
institution of higher education;
``(2) a State or local educational agency, in consortium with
an institution of higher education; and
``(3) an Indian tribe or organization, in consortium with an
institution of higher education.
``(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under this
section to enable such entities to carry out the activities described
in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used to provide support and training for Indian individuals in
a manner consistent with the purposes of this section. Such
activities may include but are not limited to, continuing
programs, symposia, workshops, conferences, and direct
financial support.
``(2) Special rules.--(A) For education personnel, the
training received pursuant to a grant under this section may be
inservice or preservice training.
``(B) For individuals who are being trained to enter any
field other than teaching, the training received pursuant to a
grant under this section shall be in a program that results in
a graduate degree.
``(e) Application.--Each eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner and accompanied by such information, as the Secretary may
reasonably require.
``(f) Special Rule.--In making grants under this section, the
Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under this
section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such
entity received such grants.
``(g) Grant Period.--Each grant under this section shall be awarded
for a period of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received under
this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant recipient
under this section shall, not later than 12 months after the
date of completion of the training, and periodically
thereafter, provide information concerning the compliance of
such recipient with the work requirement under paragraph (1).
``CHAPTER 3--NATIONAL RESEARCH ACTIVITIES
``SEC. 3231. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds made
available under section 3252(b) for each fiscal year to--
``(1) conduct research related to effective approaches for
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status and
needs of Indians; and
``(4) carry out other activities that are consistent with the
purpose of this subpart.
``(b) Eligibility.--The Secretary may carry out any of the activities
described in subsection (a) directly or through grants to, or contracts
or cooperative agreements with Indian tribes, Indian organizations,
State educational agencies, local educational agencies, institutions of
higher education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office of
Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which are
jointly funded and carried out by the Office of Indian
Education Programs and the Office of Educational Research and
Improvement.
``CHAPTER 4--FEDERAL ADMINISTRATION
``SEC. 3241. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory Council
on Indian Education (hereafter in this section referred to as the
`Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed by
the President from lists of nominees furnished, from time-to-
time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this subpart--
``(A) with respect to which the Secretary has
jurisdiction; and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to the Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education
programs that include Indian children or adults as
participants, or that may benefit Indian children or
adults; and
``(B) recommendations concerning the funding of any
program described in subparagraph (A).
``SEC. 3242. PEER REVIEW.
``The Secretary may use a peer review process to review applications
submitted to the Secretary under chapter 2 or 3.
``SEC. 3243. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under chapter 2 or 3, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of higher
education under any program with respect to which Indian tribes,
organizations, and institutions are eligible to apply for grants.
``SEC. 3244. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant under
subpart 2 unless the application is for a grant that is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant; and
``(2) based on relevant research findings.
``CHAPTER 5--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 3251. DEFINITIONS.
``For the purposes of this subpart:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the
age of compulsory school attendance under an applicable
State law.
``(2) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public
supervision and direction, and without tuition charge;
and
``(B) provided as elementary or secondary education
in the applicable State or to preschool children.
``(3) Indian.--The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
``(i) any tribe or band terminated since
1940; and
``(ii) any tribe or band recognized by the
State in which the tribe or band resides;
``(B) a descendant, in the first or second degree, of
an individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native; or
``(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as it was in effect the day preceding the date of the
enactment of the Improving America's Schools Act of
1994.
``SEC. 3252. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Chapter 1.--For the purpose of carrying out chapter 1 of this
subpart, there are authorized to be appropriated $100,000,000 for
fiscal year 2002, and such sums as may be necessary for each of fiscal
years 2003 through 2006.
``(b) Chapters 2 and 3.--For the purpose of carrying out chapters 2
and 3 of this subpart, there are authorized to be appropriated
$25,000,000 for fiscal year 2002, and such sums as may be necessary for
each of the fiscal years 2003 through 2006.''.
(b) Savings Provision.--Funds appropriated for part A of title IX of
the Elementary and Secondary Education Act of 1965 (as in effect on the
day before the date of the enactment of this Act) shall be available
for use under subpart 1 of part B of title III of such Act, as added by
this section.
SEC. 312. ALASKA NATIVE EDUCATION.
(a) In General.--Part B of title III (as added by section 311 of this
Act) is further amended by adding at the end the following new subpart:
``Subpart 2--Alaska Native Education
``SEC. 3301. SHORT TITLE.
``This subpart may be cited as the `Alaska Native Educational Equity,
Support, and Assistance Act'.
``SEC. 3302. FINDINGS.
``The Congress finds and declares:
``(1) The attainment of educational success is critical to
the betterment of the conditions, long-term well-being and
preservation of the culture of Alaska Natives.
``(2) It is the policy of the Federal Government to encourage
the maximum participation by Alaska Natives in the planning and
the management of Alaska Native education programs.
``(3) Alaska Native children enter and exit school with
serious educational handicaps.
``(4) The educational achievement of Alaska Native children
is far below national norms. In addition to low Native
performance on standardized tests, Native student dropout rates
are high, and Natives are significantly underrepresented among
holders of baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their opportunity to
become full participants in society by grade school and high
school educations that are condemning an entire generation to
an underclass status and a life of limited choices.
``(5) The programs authorized herein, combined with expanded
Head Start, infant learning and early childhood education
programs, and parent education programs are essential if
educational handicaps are to be overcome.
``(6) The sheer magnitude of the geographic barriers to be
overcome in delivering educational services in rural and
village Alaska should be addressed through the development and
implementation of innovative, model programs in a variety of
areas.
``(7) Congress finds that Native children should be afforded
the opportunity to begin their formal education on a par with
their non-Native peers. The Federal Government should lend
support to efforts developed by and undertaken within the
Alaska Native community to improve educational opportunity for
all students.
``SEC. 3303. PURPOSE.
``It is the purpose of this subpart to--
``(1) recognize the unique educational needs of Alaska
Natives;
``(2) authorize the development of supplemental educational
programs to benefit Alaska Natives;
``(3) supplement existing programs and authorities in the
area of education to further the purposes of this subpart; and
``(4) provide direction and guidance to appropriate Federal,
State and local agencies to focus resources, including
resources made available under this subpart, on meeting the
educational needs of Alaska Natives.
``SEC. 3304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Program authorized.--The Secretary is authorized to
make grants to, or enter into contracts with, Alaska Native
organizations, educational entities with experience in
developing or operating Alaska Native programs or programs of
instruction conducted in Alaska Native languages, and consortia
of such organizations and entities to carry out programs that
meet the purpose of this subpart.
``(2) Permissible activities.--Programs under this subpart
may include--
``(A) the development and implementation of plans,
methods, and strategies to improve the education of
Alaska Natives;
``(B) the development of curricula and educational
programs that address the educational needs of Alaska
Native students, including--
``(i) curriculum materials that reflect the
cultural diversity or the contributions of
Alaska Natives;
``(ii) instructional programs that make use
of Native Alaskan languages; and
``(iii) networks that introduce successful
programs, materials, and techniques to urban
and rural schools;
``(C) professional development activities for
educators, including--
``(i) programs to prepare teachers to address
the cultural diversity and unique needs of
Alaska Native students;
``(ii) in-service programs to improve the
ability of teachers to meet the unique needs of
Alaska Native students; and
``(iii) recruiting and preparing teachers who
are Alaska Natives, reside in communities with
high concentrations of Alaska Native students,
or are likely to succeed as teachers in
isolated, rural communities and engage in
cross-cultural instruction;
``(D) the development and operation of home
instruction programs for Alaska Native preschool
children, the purpose of which is to ensure the active
involvement of parents in their children's education
from the earliest ages;
``(E) family literacy services;
``(F) the development and operation of student
enrichment programs in science and mathematics that--
``(i) are designed to prepare Alaska Native
students from rural areas, who are preparing to
enter high school, to excel in science and
math; and
``(ii) provide appropriate support services
to the families of such students that are
needed to enable such students to benefit from
the program;
``(G) research and data collection activities to
determine the educational status and needs of Alaska
Native children and adults;
``(H) other research and evaluation activities
related to programs under this subpart; and
``(I) other activities, consistent with the purposes
of this subpart, to meet the educational needs of
Alaska Native children and adults.
``(3) Home instruction programs.--Home instruction programs
for Alaska Native preschool children under paragraph (2)(D) may
include--
``(A) programs for parents and their infants, from
prenatal through age three;
``(B) preschool programs; and
``(C) training, education, and support for parents in
such areas as reading readiness, observation, story-
telling, and critical thinking.
``(b) Limitation on Administrative Costs.--Not more than 5 percent of
funds provided to a grantee under this section for any fiscal year may
be used for administrative purposes.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the fiscal years 2003 through 2006 to carry out
this subpart.
``SEC. 3305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this subpart,
nor any contract be entered into under this subpart, unless an
application is submitted to the Secretary in such form, in such manner,
and containing such information as the Secretary may determine
necessary to carry out the provisions of this subpart.
``(b) Applications.--State and local educational agencies may apply
for an award under this subpart only as subpart of a consortium
involving an Alaska Native organization. This consortium may include
other eligible applicants.
``(c) Consultation Required.--Each applicant for funding shall
provide for ongoing advice from and consultation with representatives
of the Alaska Native community.
``(d) Local Educational Agency Coordination.--Each applicant for an
award under this subpart shall inform each local educational agency
serving students who would participate in the project about its
application.
``SEC. 3306. DEFINITIONS.
``For purposes of this subpart--
``(1) the term `Alaska Native' has the same meaning as the
term `Native' has in section 3(b) of the Alaska Native Claims
Settlement Act; and
``(2) the term `Alaska Native organization' means a federally
recognized tribe, consortium of tribes, regional nonprofit
Native association, and other Alaska Native organizations
that--
``(A) has or commits to acquire expertise in the
education of Alaska Natives; and
``(B) has Alaska Natives in substantive and policy-
making positions within the organization.''.
(b) Savings Provision.--Funds appropriated for part C of title IX of
the Elementary and Secondary Education Act of 1965 (as in effect on the
day before the date of the enactment of this Act) shall be available
for use under subpart 2 of part B of title III of such Act, as added by
this section.
SEC. 313. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978.
Part B of title XI of the Education Amendments of 1978 (25 U.S.C.
2001 et seq.) is amended to read as follows:
``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 1120. FINDING AND POLICY.
``(a) Finding.--Congress finds and recognizes that the Federal
Government has the sole responsibility for the operation and financial
support of the Bureau of Indian Affairs funded school system that it
has established on or near Indian reservations and Indian trust lands
throughout the Nation for Indian children.
``(b) Policy.--It is the policy of the United States to work in full
cooperation with Indian tribes toward the goal of assuring that the
programs of the Bureau of Indian Affairs funded school system are of
the highest quality and meet the unique educational and cultural needs
of Indian children.
``SEC. 1121. ACCREDITATION AND STANDARDS FOR THE BASIC EDUCATION OF
INDIAN CHILDREN IN BUREAU OF INDIAN AFFAIRS
SCHOOLS.
``(a) Purpose.--The purpose of the standards implemented under this
section shall be to afford Indian students being served by a school
funded by the Bureau of Indian Affairs the same opportunities as all
other students in the United States to achieve the same challenging
State academic achievement standards expected of all students.
``(b) Studies and Surveys Relating to Standards.--Not later than 1
year after the date of the enactment of the No Child Left Behind Act of
2001, the Secretary, in consultation with the Secretary of Education,
consortia of education organizations, and Indian organizations and
tribes, and making the fullest use possible of other existing studies,
surveys, and plans, shall carry out by contract with an Indian
organization, studies and surveys to establish and revise standards for
the basic education of Indian children attending Bureau funded schools.
Such studies and surveys shall take into account factors such as
academic needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student ratios
for such children, and shall be directed toward the attainment of equal
educational opportunity for such children.
``(c) Revision of Minimum Academic Standards.--
``(1) In general.--Not later than 2 years after the date of
the enactment of the No Child Left Behind Act of 2001, the
Secretary shall--
``(A) propose revisions to the minimum academic
standards published in the Federal Register on
September 9, 1995 (50 Fed. Reg. 174) for the basic
education of Indian children attending Bureau funded
schools in accordance with the purpose described in
subsection (a) and the findings of the studies and
surveys conducted under subsection (b);
``(B) publish such proposed revisions to such
standards in the Federal Register for the purpose of
receiving comments from the tribes, tribal school
boards, Bureau funded schools, and other interested
parties; and
``(C) consistent with the provisions of this section
and section 1131, take such actions as are necessary to
coordinate standards implemented under this section
with the Comprehensive School Reform Plan developed by
the Bureau and--
``(i) with the standards of the improvement
plans for the States in which any school
operated by the Bureau of Indian Affairs is
located; or
``(ii) in the case where schools operated by
the Bureau are within the boundaries of
reservation land of one tribe but within the
boundaries of more than one State, with the
standards of the State improvement plan of one
such State selected by the tribe.
``(2) Further revisions.--Not later that 6 months after the
close of the comment period, the Secretary shall establish
final standards, distribute such standards to all tribes and
publish such final standards in the Federal Register. The
Secretary shall revise such standards periodically as
necessary. Prior to any revision of such final standards, the
Secretary shall distribute such proposed revision to all the
tribes, and publish such proposed revision in the Federal
Register, for the purpose of receiving comments from the tribes
and other interested parties.
``(3) Applicability of standards.--Except as provided in
subsection (e), the final standards published under paragraph
(2) shall apply to all Bureau funded schools not accredited
under subsection (f), and may also serve as a model for
educational programs for Indian children in public schools.
``(4) Considerations when establishing and revising
standards.--In establishing and revising such standards, the
Secretary shall take into account the unique needs of Indian
students and support and reinforcement of the specific cultural
heritage of each tribe.
``(d) Alternative or Modified Standards.--The Secretary shall provide
alternative or modified standards in lieu of the standards established
under subsection (c), where necessary, so that the programs of each
school are in compliance with the minimum accreditation standards
required for schools in the State or region where the school is
located.
``(e) Waiver of Standards; Alternative Standards.--A tribal governing
body, or the local school board so designated by the tribal governing
body, shall have the local authority to waive, in part or in whole, the
standards established under subsections (c) and (d) if such standards
are deemed by such body to be inappropriate. The tribal governing body
or designated school board shall, not later than 60 days after a waiver
under this subsection, submit to the Secretary a proposal for
alternative standards that take into account the specific needs of the
tribe's children. Such alternative standards shall be established by
the Secretary unless specifically rejected by the Secretary for good
cause and in writing to the affected tribes or local school board,
which rejection shall be final and not subject to review.
``(f) Accreditation and Implementation of Standards.--
``(1) Deadline for meeting standards.--Not later the second
academic year after publication of the standards, to the extent
necessary funding is provided, all Bureau funded schools shall
meet the standards established under subsections (c) and (d) or
shall be accredited--
``(A) by a tribal accrediting body, if the
accreditation standards of the tribal accrediting body
have been accepted by formal action of the tribal
governing body and are equal to or exceed the
accreditation standards of the State or region in which
the school is located;
``(B) by a regional accreditation agency; or
``(C) by State accreditation standards for the State
in which it is located.
``(2) Determination of standards to be applied.--The
accreditation type or standards applied for each school shall
be determined by the school board of the school, in
consultation with the Administrator of the school, provided
that in the case where the School Board and the Administrator
fail to agree on the type of accreditation and standards to
apply, the decision of the school board with the approval of
the tribal governing body shall be final.
``(3) Assistance to school boards.--The Secretary, through
contracts and grants, shall assist school boards of contract or
grant schools in implementation of the standards established
under subsections (c) and (d), if the school boards request
that such standards, in part or in whole, be implemented.
``(4) Fiscal control and fund accounting standards.--The
Bureau shall, either directly or through contract with an
Indian organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract and grant schools. Such standards shall provide data
comparable to those used by Bureau operated schools.
``(g) Annual Plan for Meeting of Standards.--Except as provided in
subsections (e) and (f), the Secretary shall begin to implement the
standards established under this section immediately upon the date of
their establishment. On an annual basis, the Secretary shall submit to
the appropriate committees of Congress, all Bureau funded schools, and
the tribal governing bodies of such schools a detailed plan to bring
all Bureau schools and contract or grant schools up to the level
required by the applicable standards established under this section.
Such plan shall include detailed information on the status of each
school's educational program in relation to the applicable standards
established under this section, specific cost estimates for meeting
such standards at each school and specific timelines for bringing each
school up to the level required by such standards.
``(h) Closure or Consolidation of Schools.--
``(1) In general.--Except as specifically required by
statute, no school or peripheral dormitory operated by the
Bureau on or after January 1, 1992, may be closed or
consolidated or have its program substantially curtailed unless
done according to the requirements of this subsection.
``(2) Exceptions.--This subsection shall not apply--
``(A) in those cases where the tribal governing body,
or the local school board concerned (if so designated
by the tribal governing body), requests closure or
consolidation; or
``(B) when a temporary closure, consolidation, or
substantial curtailment is required by plant conditions
which constitute an immediate hazard to health and
safety.
``(3) Regulations.--The Secretary shall, by regulation,
promulgate standards and procedures for the closure, transfer
to another authority, consolidation, or substantial curtailment
of Bureau schools, in accordance with the requirements of this
subsection.
``(4) Notice.--Whenever closure, transfer to another
authority, consolidation, or substantial curtailment of a
school is under active consideration or review by any division
of the Bureau or the Department of the Interior, the affected
tribe, tribal governing body, and designated local school
board, will be notified immediately, kept fully and currently
informed, and afforded an opportunity to comment with respect
to such consideration or review. When a formal decision is made
to close, transfer to another authority, consolidate, or
substantially curtail a school, the affected tribe, tribal
governing body, and designated school board shall be notified
at least 6 months prior to the end of the school year preceding
the proposed closure date. Copies of any such notices and
information shall be transmitted promptly to the appropriate
committees of Congress and published in the Federal Register.
``(5) Report.--The Secretary shall make a report to the
appropriate committees of Congress, the affected tribe, and the
designated school board describing the process of the active
consideration or review referred to in paragraph (4). The
report shall include a study of the impact of such action on
the student population, identify those students with particular
educational and social needs, and ensure that alternative
services are available to such students. Such report shall
include the description of the consultation conducted between
the potential service provider, current service provider,
parents, tribal representatives and the tribe or tribes
involved, and the Director of the Office of Indian Education
Programs within the Bureau regarding such students.
``(6) Limitation on certain actions.--No irrevocable action
may be taken in furtherance of any such proposed school
closure, transfer to another authority, consolidation, or
substantial curtailment (including any action which would
prejudice the personnel or programs of such school) prior to
the end of the first full academic year after such report is
made.
``(7) Tribal governing body approval required for certain
actions.--The Secretary may terminate, contract, transfer to
any other authority, consolidate, or substantially curtail the
operation or facilities of--
``(A) any Bureau funded school that is operated on or
after of January 1, 1999;
``(B) any program of such a school that is operated
on or after January 1, 1999; or
``(C) any school board of a school operated under a
grant under the Tribally Controlled Schools Act of
1988,
only if the tribal governing body approves such action.
``(i) Application for Contracts or Grants for Non-Bureau Funded
Schools or Expansion of Bureau Funded Schools.--
``(1) In general.--(A)(i) The Secretary shall only consider
the factors described in subparagraph (B) in reviewing--
``(I) applications from any tribe for the awarding of
a contract or grant for a school that is not a Bureau
funded school; and
``(II) applications from any tribe or school board of
any Bureau funded school for--
``(aa) a school which is not a Bureau funded
school; or
``(bb) the expansion of a Bureau funded
school which would increase the amount of funds
received by the Indian tribe or school board
under section 1127.
``(ii) With respect to applications described in this
subparagraph, the Secretary shall give consideration to all the
factors described in subparagraph (B), but no such application
shall be denied based primarily upon the geographic proximity
of comparable public education.
``(B) With respect to applications described in subparagraph
(A) the Secretary shall consider the following factors relating
to the program and services that are the subject of the
application:
``(i) The adequacy of the facilities or the potential
to obtain or provide adequate facilities.
``(ii) Geographic and demographic factors in the
affected areas.
``(iii) The adequacy of the applicant's program plans
or, in the case of a Bureau funded school, of projected
needs analysis done either by the tribe or the Bureau.
``(iv) Geographic proximity of comparable public
education.
``(v) The stated needs of all affected parties,
including students, families, tribal governments at
both the central and local levels, and school
organizations.
``(vi) Adequacy and comparability of programs already
available.
``(vii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
``(viii) The history and success of these services
for the proposed population to be served, as determined
from all factors, including but not limited to
standardized examination performance.
``(2) Determination on application.--(A) The Secretary shall
make a determination of whether to approve any application
described in paragraph (1)(A) not later than 180 days after
such application is submitted to the Secretary.
``(B) If the Secretary fails to make the determination with
respect to an application by the date described in subparagraph
(A), the application shall be treated a having been approved by
the Secretary.
``(3) Requirements for applications.--(A) Notwithstanding
paragraph (2)(B), an application described in paragraph (1)(A)
may be approved by the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be
served by) the school or program that is the subject of
the application; and
``(ii) written evidence of such approval is submitted
with the application.
``(B) Each application described in paragraph (1)(A) shall
provide information concerning each of the factors described in
paragraph (1)(B).
``(4) Denial of applications.--Whenever the Secretary makes a
determination to deny approval of any application described in
paragraph (1)(A), the Secretary shall--
``(A) state the objections in writing to the
applicant not later 180 days after the application is
submitted to the Secretary;
``(B) provide assistance to the applicant to overcome
stated objections; and
``(C) provide the applicant a hearing, under the same
rules and regulations pertaining to the Indian Self-
Determination and Education Assistance Act and an
opportunity to appeal the objections raised by the
Secretary.
``(5) Effective date of a subject application.--(A) Except as
otherwise provided in this paragraph, the action which is the
subject of any application described in paragraph (1)(A) that
is approved by the Secretary shall become effective at the
beginning of the academic year following the fiscal year in
which the application is approved, or at an earlier date
determined by the Secretary.
``(B) If an application is treated as having been approved by
the Secretary under paragraph (2)(B), the action that is the
subject of the application shall become effective on the date
that is 18 months after the date on which the application is
submitted to the Secretary, or at an earlier date determined by
the Secretary.
``(6) Statutory construction.--Nothing in this section shall
be read so as to preclude the expansion of grades and related
facilities at a Bureau funded school where such expansion and
the maintenance of such expansion is occasioned or paid for
with non-Bureau funds.
``(j) General Use of Funds.--Funds received by Bureau funded schools
from the Bureau of Indian Affairs and under any program from the
Department of Education or any other Federal agency for the purpose of
providing education or related services may be used for schoolwide
projects to improve the educational program for all Indian students.
``(k) Study on Adequacy of Funds and Formulas.--The Comptroller
General shall conduct a study, in consultation with Indian tribes and
local school boards, to determine the adequacy of funding, and formulas
used by the Bureau to determine funding, for programs operated by
Bureau funded schools, taking into account unique circumstances
applicable to Bureau funded schools, as well as expenditures for
comparable purposes in public schools nationally. Upon completion of
the study, the Secretary of the Interior shall take such action as
necessary to ensure distribution of the findings of the study to all
affected Indian tribes, local school boards, and associations of local
school boards.
``SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.
``(a) In General.--The Secretary, in consultation with the Secretary
of Education, Indian organizations and tribes, and Bureau funded
schools, shall revise the national standards for home-living
(dormitory) situations to include such factors as heating, lighting,
cooling, adult-child ratios, needs for counselors (including special
needs related to off-reservation home-living (dormitory) situations),
therapeutic programs, space, and privacy. Such standards shall be
implemented in Bureau operated schools, and shall serve as minimum
standards for contract or grant schools. Once established, any
revisions of such standards shall be developed according to the
requirements established under section 1138A.
``(b) Implementation.--The Secretary shall implement the revised
standards established under this section immediately upon their
completion.
``(c) Plan.--At the time of each annual budget submission for Bureau
educational services is presented, the Secretary shall submit to the
appropriate committees of Congress, the tribes, and the affected
schools, and publish in the Federal Register, a detailed plan to bring
all Bureau funded schools that provide home-living (dormitory)
situations up to the standards established under this section. Such
plan shall include a statement of the relative needs of each Bureau
funded home-living (dormitory) school, projected future needs of each
Bureau funded home-living (dormitory) school, detailed information on
the status of each school in relation to the standards established
under this section, specific cost estimates for meeting each standard
for each such school, aggregate cost estimates for bringing all such
schools into compliance with the criteria established under this
section, and specific timelines for bringing each school into
compliance with such standards.
``(d) Waiver.--The criteria established under this section may be
waived in the same manner as the standards provided under section
1121(c) may be waived.
``(e) Closure for Failure To Meet Standards Prohibited.--No school in
operation on or before January 1, 1987 (regardless of compliance or
noncompliance with the criteria established under this section), may be
closed, transferred to another authority, consolidated, or have its
program substantially curtailed for failure to meet the criteria.
``SEC. 1123. CODIFICATION OF REGULATIONS.
``(a) Part 32 of Title 25 of Code of Federal Regulations.--The
provisions of part 32 of title 25 of the Code of Federal Regulations,
as in effect on January 1, 1987, are incorporated into this Act and
shall be treated as though such provisions are set forth in this
subsection. Such provisions may be altered only by means of an Act of
Congress. To the extent that such provisions of part 32 do not conform
with this Act or any statutory provision of law enacted before November
1, 1978, the provisions of this Act and the provisions of such other
statutory law shall govern.
``(b) Regulation Defined.--For purposes of this part, the term
`regulation' means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed by any
officer or employee of the executive branch.
``SEC. 1124. SCHOOL BOUNDARIES.
``(a) Establishment by Secretary.--The Secretary shall establish, by
regulation, separate geographical attendance areas for each Bureau
funded school.
``(b) Establishment by Tribal Body.--In any case where there is more
than one Bureau funded school located on an Indian reservation, at the
direction of the tribal governing body, the relevant school boards of
the Bureau funded schools on the reservation may, by mutual consent,
establish the relevant attendance areas for such schools, subject to
the approval of the tribal governing body. Any such boundaries so
established shall be accepted by the Secretary.
``(c) Boundary Revisions.--
``(1) In general.--On or after July 1, 2001, no geographical
attendance area shall be revised or established with respect to
any Bureau funded school unless the tribal governing body or
the local school board concerned (if so designated by the
tribal governing body) has been afforded--
``(A) at least 6 months notice of the intention of
the Bureau to revise or establish such attendance area;
and
``(B) the opportunity to propose alternative
boundaries.
Any tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the Secretary
finds, after consultation with the affected tribe or tribes,
that such revised boundaries do not reflect the needs of the
Indian students to be served or do not provide adequate
stability to all of the affected programs. The Secretary shall
cause such revisions to be published in the Federal Register.
``(2) Tribal resolution determination.--Nothing in this
section shall be interpreted as denying a tribal governing body
the authority, on a continuing basis, to adopt a tribal
resolution allowing parents the choice of the Bureau funded
school their children may attend, regardless of the attendance
boundaries established under this section.
``(d) Funding Restrictions.--The Secretary shall not deny funding to
a Bureau funded school for any eligible Indian student attending the
school solely because that student's home or domicile is outside of the
geographical attendance area established for that school under this
section. No funding shall be made available without tribal
authorization to enable a school to provide transportation for any
student to or from the school and a location outside the approved
attendance area of the school.
``(e) Reservation as Boundary.--In any case where there is only one
Bureau funded program located on an Indian reservation, the attendance
area for the program shall be the boundaries (established by treaty,
agreement, legislation, court decisions, or executive decisions and as
accepted by the tribe) of the reservation served, and those students
residing near the reservation shall also receive services from such
program.
``(f) Off-Reservation Home-Living (Dormitory) Schools.--
Notwithstanding any geographical attendance areas, attendance at off-
reservation home-living (dormitory) schools shall include students
requiring special emphasis programs to be implemented at each off-
reservation home-living (dormitory) school. Such attendance shall be
coordinated between education line officers, the family, and the
referring and receiving programs.
``SEC. 1125. FACILITIES CONSTRUCTION.
``(a) Compliance With Health and Safety Standards.--The Secretary
shall immediately begin to bring all schools, dormitories, and other
Indian education-related facilities operated by the Bureau or under
contract or grant with the Bureau into compliance with all applicable
tribal, Federal, or State health and safety standards, whichever
provides greater protection (except that the tribal standards to be
applied shall be no greater than any otherwise applicable Federal or
State standards), with section 504 of the Rehabilitation Act of 1973,
and with the Americans with Disabilities Act of 1990. Nothing in this
section shall require termination of the operations of any facility
which does not comply with such provisions and which is in use on the
date of the enactment of the No Child Left Behind Act of 2001.
``(b) Compliance Plan.--At the time that the annual budget request
for Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed plan to
bring all facilities covered under subsection (a) of this section into
compliance with the standards referred to in subsection (a). Such plan
shall include detailed information on the status of each facility's
compliance with such standards, specific cost estimates for meeting
such standards at each school, and specific timelines for bringing each
school into compliance with such standards.
``(c) Construction Priorities.--
``(1) System to establish priorities.--On an annual basis the
Secretary shall submit to the appropriate committees of
Congress and cause to be published in the Federal Register, the
system used to establish priorities for replacement and
construction projects for Bureau funded schools and home-living
schools, including boarding schools and dormitories. At the
time any budget request for education is presented, the
Secretary shall publish in the Federal Register and submit with
the budget request the current list of all Bureau funded school
construction priorities.
``(2) Long-term construction and replacement list.--In
addition to the plan submitted under subsection (b), the
Secretary shall--
``(A) not later than 18 months after the date of the
enactment of the No Child Left Behind Act of 2001,
establish a long-term construction and replacement list
for all Bureau funded schools;
``(B) using the list prepared under subparagraph (A),
propose a list for the orderly replacement of all
Bureau funded education-related facilities over a
period of 40 years to enable planning and scheduling of
budget requests;
``(C) cause the list prepared under subsection (B) to
be published in the Federal Register and allow a period
of not less than 120 days for public comment;
``(D) make such revisions to the list prepared under
subparagraph (B) as are appropriate based on the
comments received; and
``(E) cause the final list to be published in the
Federal Register.
``(3) Effect on other list.--Nothing in this section shall be
construed as interfering with or changing in any way the
construction priority list as it exists on the date of the
enactment of the No Child Left Behind Act of 2001.
``(d) Hazardous Condition at Bureau School.--
``(1) Closure or consolidation.--A Bureau funded school may
be closed or consolidated, and the programs of a Bureau funded
school may be substantially curtailed by reason of plant
conditions that constitute an immediate hazard to health and
safety only if a health and safety officer of the Bureau
determines that such conditions exist at the Bureau funded
school.
``(2) Inspection.--(A) After making a determination described
in paragraph (1), the Bureau health and safety officer shall
conduct an inspection of the condition of such plant
accompanied by an appropriate tribal, county, municipal, or
State health and safety officer in order to determine whether
conditions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by not
later than the date that is 30 days after the date on which the
action described in paragraph (1) is taken. No further negative
action may be taken unless the findings are concurred in by the
second, non-Bureau of Indian Affairs inspector.
``(B) If the health and safety officer conducting the
inspection of a plant required under subparagraph (A)
determines that conditions at the plant do not constitute an
immediate hazard to health and safety, any consolidation or
curtailment that was made under paragraph (1) shall immediately
cease and any school closed by reason of conditions at the
plant shall be reopened immediately.
``(C) If a Bureau funded school is temporarily closed or
consolidated or the programs of a Bureau funded school are
substantially curtailed under this subsection and the Secretary
determines that the closure, consolidation, or curtailment will
exceed 1 year, the Secretary shall submit to the Congress, by
not later than 6 months after the date on which the closure,
consolidation, or curtailment was initiated, a report which
sets forth the reasons for such temporary actions, the actions
the Secretary is taking to eliminate the conditions that
constitute the hazard, and an estimated date by which such
actions will be concluded.
``(e) Funding Requirement.--
``(1) Distribution of funds.--Beginning with the fiscal year
following the year of the date of the enactment of the No Child
Left Behind Act of 2001, all funds appropriated for the
operations and maintenance of Bureau funded schools shall be
distributed by formula to the schools. No funds from this
account may be retained or segregated by the Bureau to pay for
administrative or other costs of any facilities branch or
office, at any level of the Bureau.
``(2) Requirements for certain uses.--No funds shall be
withheld from the distribution to the budget of any school
operated under contract or grant by the Bureau for maintenance
or any other facilities or road related purpose, unless such
school has consented, as a modification to the contract or in
writing for grants schools, to the withholding of such funds,
including the amount thereof, the purpose for which the funds
will be used, and the timeline for the services to be provided.
The school may, at the end of any fiscal year, cancel an
agreement under this paragraph upon giving the Bureau 30 days
notice of its intent to do so.
``(f) No Reduction in Federal Funding.--Nothing in this section shall
be construed to diminish any Federal funding due to the receipt by the
school of funding for facilities improvement or construction from a
State or any other source.
``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) Formulation and Establishment of Policy and Procedure;
Supervision of Programs and Expenditures.--The Secretary shall vest in
the Assistant Secretary for Indian Affairs all functions with respect
to formulation and establishment of policy and procedure and
supervision of programs and expenditures of Federal funds for the
purpose of Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director of the
Office of Indian Education Programs.
``(b) Direction and Supervision of Personnel Operations.--Not later
than 6 months after the date of the enactment of the No Child Left
Behind Act of 2001, the Director of the Office of Indian Education
Programs shall direct and supervise the operations of all personnel
directly and substantially involved in the provision of education
services by the Bureau, including school or institution custodial or
maintenance personnel, facilities management, contracting, procurement,
and finance personnel. The Assistant Secretary for Indian Affairs shall
coordinate the transfer of functions relating to procurement,
contracts, operation, and maintenance of schools and other support
functions to the Director.
``(c) Evaluation of Programs; Services and Support Functions;
Technical and Coordinating Assistance.--Education personnel who are
under the direction and supervision of the Director of the Office of
Indian Education Programs in accordance with the first sentence of
subsection (b) shall--
``(1) monitor and evaluate Bureau education programs;
``(2) provide all services and support functions for
education programs with respect to personnel matters involving
staffing actions and functions; and
``(3) provide technical and coordinating assistance in areas
such as procurement, contracting, budgeting, personnel,
curriculum, and operation and maintenance of school facilities.
``(d) Construction, Improvement, Operation, and Maintenance of
Facilities.--
``(1) Plan for construction.--The Assistant Secretary shall
submit in the annual budget a plan--
``(A) for school facilities to be constructed under
section 1125(c);
``(B) for establishing priorities among projects and
for the improvement and repair of educational
facilities, which together shall form the basis for the
distribution of appropriated funds; and
``(C) for capital improvements to be made over the
five succeeding years.
``(2) Program for operation and maintenance.--
``(A) Establishment.--The Assistant Secretary shall
establish a program, including the distribution of
appropriated funds, for the operation and maintenance
of education facilities. Such program shall include--
``(i) a method of computing the amount
necessary for each educational facility;
``(ii) similar treatment of all Bureau funded
schools;
``(iii) a notice of an allocation of
appropriated funds from the Director of the
Office of Indian Education Programs directly to
the education line officers and appropriate
school officials;
``(iv) a method for determining the need for,
and priority of, facilities repair and
maintenance projects, both major and minor. In
making such determination, the Assistant
Secretary shall cause to be conducted a series
of meetings at the agency and area level with
representatives of the Bureau funded schools in
those areas and agencies to receive comment on
the lists and prioritization of such projects;
and
``(v) a system for the conduct of routine
preventive maintenance.
``(B) Local supervisors.--The appropriate education
line officers shall make arrangements for the
maintenance of education facilities with the local
supervisors of the Bureau maintenance personnel. The
local supervisors of Bureau maintenance personnel shall
take appropriate action to implement the decisions made
by the appropriate education line officers, except that
no funds under this chapter may be authorized for
expenditure unless such appropriate education line
officer is assured that the necessary maintenance has
been, or will be, provided in a reasonable manner.
``(3) Implementation.--The requirements of this subsection
shall be implemented as soon as practicable after the date of
the enactment of the No Child Left Behind Act of 2001.
``(e) Acceptance of Gifts and Bequests.--Notwithstanding any other
provision of law, the Director shall promulgate guidelines for the
establishment of mechanisms for the acceptance of gifts and bequests
for the use and benefit of particular schools or designated Bureau
operated education programs, including, where appropriate, the
establishment and administration of trust funds. When a Bureau operated
program is the beneficiary of such a gift or bequest, the Director
shall make provisions for monitoring its use and shall report to the
appropriate committees of Congress the amount and terms of such gift or
bequest, the manner in which such gift or bequest shall be used, and
any results achieved by such action.
``(f) Functions Clarified.--For the purpose of this section, the term
`functions' includes powers and duties.
``SEC. 1127. ALLOTMENT FORMULA.
``(a) Factors Considered; Revision To Reflect Standards.--
``(1) Formula.--The Secretary shall establish, by regulation
adopted in accordance with section 1138A, a formula for
determining the minimum annual amount of funds necessary to
sustain each Bureau funded school. In establishing such
formula, the Secretary shall consider--
``(A) the number of eligible Indian students served
and total student population of the school;
``(B) special cost factors, such as--
``(i) the isolation of the school;
``(ii) the need for special staffing,
transportation, or educational programs;
``(iii) food and housing costs;
``(iv) maintenance and repair costs
associated with the physical condition of the
educational facilities;
``(v) special transportation and other costs
of isolated and small schools;
``(vi) the costs of home-living (dormitory)
arrangements, where determined necessary by a
tribal governing body or designated school
board;
``(vii) costs associated with greater lengths
of service by education personnel;
``(viii) the costs of therapeutic programs
for students requiring such programs; and
``(ix) special costs for gifted and talented
students;
``(C) the cost of providing academic services which
are at least equivalent to those provided by public
schools in the State in which the school is located;
and
``(D) such other relevant factors as the Secretary
determines are appropriate.
``(2) Revision of formula.--Upon the establishment of the
standards required in sections 1121 and 1122, the Secretary
shall revise the formula established under this subsection to
reflect the cost of funding such standards. Not later than
January 1, 2003, the Secretary shall review the formula
established under this section and shall take such steps as are
necessary to increase the availability of counseling and
therapeutic programs for students in off-reservation home-
living (dormitory) schools and other Bureau operated
residential facilities. Concurrent with such action, the
Secretary shall review the standards established under section
1122 to be certain that adequate provision is made for parental
notification regarding, and consent for, such counseling and
therapeutic programs.
``(b) Pro Rata Allotment.--Notwithstanding any other provision of
law, Federal funds appropriated for the general local operation of
Bureau funded schools shall be allotted pro rata in accordance with the
formula established under subsection (a).
``(c) Annual Adjustment; Reservation of Amount for School Board
Activities.--
``(1) Annual adjustment.--For fiscal year 2003, and for each
subsequent fiscal year, the Secretary shall adjust the formula
established under subsection (a) to ensure that the formula
does the following:
``(A) Uses a weighted unit of 1.2 for each eligible
Indian student enrolled in the seventh and eighth
grades of the school in considering the number of
eligible Indian students served by the school.
``(B) Considers a school with an enrollment of less
than 50 eligible Indian students as having an average
daily attendance of 50 eligible Indian students for
purposes of implementing the adjustment factor for
small schools.
``(C) Takes into account the provision of residential
services on less than a 9-month basis at a school when
the school board and supervisor of the school determine
that a less than 9-month basis will be implemented for
the school year involved.
``(D) Uses a weighted unit of 2.0 for each eligible
Indian student that--
``(i) is gifted and talented; and
``(ii) is enrolled in the school on a full-
time basis,
in considering the number of eligible Indian students
served by the school.
``(E) Uses a weighted unit of 0.25 for each eligible
Indian student who is enrolled in a yearlong credit
course in an Indian or Native language as part of the
regular curriculum of a school, in considering the
number of eligible Indian students served by such
school. The adjustment required under this subparagraph
shall be used for such school after--
``(i) the certification of the Indian or
Native language curriculum by the school board
of such school to the Secretary, together with
an estimate of the number of full-time students
expected to be enrolled in the curriculum in
the second school year for which the
certification is made; and
(ii) the funds appropriated for allotment
under this section are designated by the
appropriations Act appropriating such funds as
the amount necessary to implement such
adjustment at such school without reducing
allotments made under this section to any
school by virtue of such adjustment.
``(2) Reservation of amount.--
``(A) In general.--From the funds allotted in
accordance with the formula established under
subsection (a) for each Bureau school, the local school
board of such school may reserve an amount which does
not exceed the greater of--
``(i) $8,000; or
``(ii) the lesser of--
``(I) $15,000; or
``(II) 1 percent of such allotted
funds,
for school board activities for such school, including
(notwithstanding any other provision of law) meeting
expenses and the cost of membership in, and support of,
organizations engaged in activities on behalf of Indian
education.
``(B) Training.--Each school board shall see that
each new member of the school board receives, within 12
months of the individual's assuming a position on the
school board, 40 hours of training relevant to that
individual's service on the board. Such training may
include legal issues pertaining to schools funded by
the Bureau, legal issues pertaining to school boards,
ethics, and other topics deemed appropriate by the
school board.
``(d) Reservation of Amount for Emergencies.--The Secretary shall
reserve from the funds available for distribution for each fiscal year
under this section an amount which, in the aggregate, shall equal 1
percent of the funds available for such purpose for that fiscal year.
Such funds shall be used, at the discretion of the Director of the
Office of Indian Education Programs, to meet emergencies and unforeseen
contingencies affecting the education programs funded under this
section. Funds reserved under this subsection may only be expended for
education services or programs, including emergency repairs of
educational facilities, at a schoolsite (as defined by section
5204(c)(2) of the Tribally Controlled Schools Act of 1988). Funds
reserved under this subsection shall remain available without fiscal
year limitation until expended. However, the aggregate amount available
from all fiscal years may not exceed 1 percent of the current year
funds. Whenever, the Secretary makes funds available under this
subsection, the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental Appropriations.--Supplemental appropriations
enacted to meet increased pay costs attributable to school level
personnel shall be distributed under this section.
``(f) Eligible Indian Student Defined.--For the purpose of this
section, the term `eligible Indian student' means a student who--
``(1) is a member of or is at least one-fourth degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by the
United States through the Bureau because of their status as
Indians; and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation home-living
(dormitory) school.
``(g) Tuition.--
``(1) In general.--An eligible Indian student may not be
charged tuition for attendance at a Bureau school or contract
or grant school. A student attending a Bureau school under
paragraph (2)(C) may not be charged tuition for attendance at
such a school.
``(2) Attendance of non-indian students at bureau schools.--
The Secretary may permit the attendance at a Bureau school of a
student who is not an eligible Indian student if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's
program for eligible Indian students because of cost,
overcrowding, or violation of standards or
accreditation;
``(B) the school board consents;
``(C) the student is a dependent of a Bureau, Indian
Health Service, or tribal government employee who lives
on or near the schoolsite; or
``(D) a tuition is paid for the student that is not
more than that charged by the nearest public school
district for out-of-district students, and shall be in
addition to the school's allocation under this section.
``(3) Attendance of non-indian students at contract and grant
schools.--The school board of a contract or grant school may
permit students who are not eligible Indian students under this
subsection to attend its contract school or grant school and
any tuition collected for those students shall be in addition
to funding received under this section.
``(h) Funds Available Without Fiscal Year Limitation.--
Notwithstanding any other provision of law, at the election of the
school board of a Bureau school made at any time during the fiscal
year, a portion equal to not more than 15 percent of the funds
allocated with respect to a school under this section for any fiscal
year shall remain available to the school for expenditure without
fiscal year limitation. The Assistant Secretary shall take steps as may
be necessary to implement this provision.
``(i) Students at Richfield Dormitory, Richfield, Utah.--Tuition for
out-of-State Indian students in home-living (dormitory) arrangements at
the Richfield dormitory in Richfield, Utah, who attend Sevier County
high schools in Richfield, Utah, shall be paid from the Indian school
equalization program funds authorized in this section and section 1130
at a rate not to exceed the amounts per weighted student unit for that
year for the instruction of such students. No additional administrative
cost funds shall be added to the grant.
``SEC. 1128. ADMINISTRATIVE COST GRANTS.
``(a) Grants; Effect Upon Appropriated Amounts.--
``(1) Grants.--Subject to the availability of appropriated
funds, the Secretary shall provide grants to each tribe or
tribal organization operating a contract school or grant school
in the amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract or grant schools, provided that no school operated as
a stand-alone institution shall receive less than $200,000 per
year for these purposes, in order to--
``(A) enable tribes and tribal organizations
operating such schools, without reducing direct program
services to the beneficiaries of the program, to
provide all related administrative overhead services
and operations necessary to meet the requirements of
law and prudent management practice; and
``(B) carry out other necessary support functions
which would otherwise be provided by the Secretary or
other Federal officers or employees, from resources
other than direct program funds, in support of
comparable Bureau operated programs.
``(2) Effect upon appropriated amounts.--Amounts appropriated
to fund the grants provided under this section shall be in
addition to, and shall not reduce, the amounts appropriated for
the program being administered by the contract or grant school.
``(b) Determination of Grant Amount.--
``(1) In general.--The amount of the grant provided to each
tribe or tribal organization under this section for each fiscal
year shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c) does not
apply to other programs operated by the tribe or tribal
organization.
``(2) Direct cost base funds.--The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for
administrative costs are actually received by an Indian
tribe or tribal organization under any Federal
education program included in the direct cost base of
the tribe or tribal organization; and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the
Federal Government for the portion of grants made under
this section for the costs of administering any program
for Indians that is funded by appropriations made to
such other department or agency.
``(c) Administrative Cost Percentage Rate.--
``(1) In general.--For purposes of this section, the
administrative cost percentage rate for a contract or grant
school for a fiscal year is equal to the percentage determined
by dividing--
``(A) the sum of--
``(i) the amount equal to--
``(I) the direct cost base of the
tribe or tribal organization for the
fiscal year, multiplied by
``(II) the minimum base rate; plus
``(ii) the amount equal to--
``(I) the standard direct cost base;
multiplied by
``(II) the maximum base rate; by
``(B) the sum of--
``(i) the direct cost base of the tribe or
tribal organization for the fiscal year; plus
``(ii) the standard direct cost base.
``(2) Rounding.--The administrative cost percentage rate
shall be determined to the \1/100\ of a decimal point.
``(d) Combining Funds.--
``(1) In general.--Funds received by a tribe or contract or
grant school as grants under this section for tribal elementary
or secondary educational programs may be combined by the tribe
or contract or grant school into a single administrative cost
account without the necessity of maintaining separate funding
source accounting.
``(2) Indirect cost funds.--Indirect cost funds for programs
at the school which share common administrative services with
tribal elementary or secondary educational programs may be
included in the administrative cost account described in
paragraph (1).
``(e) Availability of Funds.--Funds received as grants under this
section with respect to tribal elementary or secondary education
programs shall remain available to the contract or grant school without
fiscal year limitation and without diminishing the amount of any grants
otherwise payable to the school under this section for any fiscal year
beginning after the fiscal year for which the grant is provided.
``(f) Treatment of Funds.--Funds received as grants under this
section for Bureau funded programs operated by a tribe or tribal
organization under a contract or agreement shall not be taken into
consideration for purposes of indirect cost underrecovery and
overrecovery determinations by any Federal agency for any other funds,
from whatever source derived.
``(g) Treatment of Entity Operating Other Programs.--In applying this
section and section 105 of the Indian Self-Determination and Education
Assistance Act with respect to an Indian tribe or tribal organization
that--
``(1) receives funds under this section for administrative
costs incurred in operating a contract or grant school or a
school operated under the Tribally Controlled Schools Act of
1988; and
``(2) operates one or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal organization
is provided with the full amount of the administrative costs that are
associated with operating the contract or grant school, and of the
indirect costs, that are associated with all of such other programs,
provided that funds appropriated for implementation of this section
shall be used only to supply the amount of the grant required to be
provided by this section.
``(h) Definitions.--For purposes of this section:
``(1) Administrative cost.--(A) The term `administrative
cost' means the costs of necessary administrative functions
which--
``(i) the tribe or tribal organization incurs as a
result of operating a tribal elementary or secondary
educational program;
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds; and
``(iii) are either--
``(I) normally provided for comparable Bureau
programs by Federal officials using resources
other than Bureau direct program funds; or
``(II) are otherwise required of tribal self-
determination program operators by law or
prudent management practice.
``(B) The term `administrative cost' may include--
``(i) contract or grant (or other agreement)
administration;
``(ii) executive, policy, and corporate leadership
and decisionmaking;
``(iii) program planning, development, and
management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) Bureau elementary and secondary functions.--The term
`Bureau elementary and secondary functions' means--
``(A) all functions funded at Bureau schools by the
Office;
``(B) all programs--
``(i) funds for which are appropriated to
other agencies of the Federal Government; and
``(ii) which are administered for the benefit
of Indians through Bureau schools; and
``(C) all operation, maintenance, and repair funds
for facilities and government quarters used in the
operation or support of elementary and secondary
education functions for the benefit of Indians, from
whatever source derived.
``(3) Direct cost base.--(A) Except as otherwise provided in
subparagraph (B), the direct cost base of a tribe or tribal
organization for the fiscal year is the aggregate direct cost
program funding for all tribal elementary or secondary
educational programs operated by the tribe or tribal
organization during--
``(i) the second fiscal year preceding such fiscal
year; or
``(ii) if such programs have not been operated by the
tribe or tribal organization during the two preceding
fiscal years, the first fiscal year preceding such
fiscal year.
``(B) In the case of Bureau elementary or secondary education
functions which have not previously been operated by a tribe or
tribal organization under contract, grant, or agreement with
the Bureau, the direct cost base for the initial year shall be
the projected aggregate direct cost program funding for all
Bureau elementary and secondary functions to be operated by the
tribe or tribal organization during that fiscal year.
``(4) Maximum base rate.--The term `maximum base rate' means
50 percent.
``(5) Minimum base rate.--The term `minimum base rate' means
11 percent.
``(6) Standard direct cost base.--The term `standard direct
cost base' means $600,000.
``(7) Tribal elementary or secondary educational programs.--
The term `tribal elementary or secondary educational programs'
means all Bureau elementary and secondary functions, together
with any other Bureau programs or portions of programs
(excluding funds for social services that are appropriated to
agencies other than the Bureau and are expended through the
Bureau, funds for major subcontracts, construction, and other
major capital expenditures, and unexpended funds carried over
from prior years) which share common administrative cost
functions, that are operated directly by a tribe or tribal
organization under a contract, grant, or agreement with the
Bureau.
``(i) Studies for Determination of Factors Affecting Costs; Base
Rates Limits; Standard Direct Cost Base; Report to Congress.--
``(1) Studies.--Not later than 120 days after the date of the
enactment of the No Child Left Behind Act of 2001, the Director
of the Office of Indian Education Programs shall--
``(A) conduct such studies as may be needed to
establish an empirical basis for determining relevant
factors substantially affecting required administrative
costs of tribal elementary and secondary education
programs, using the formula set forth in subsection
(c); and
``(B) conduct a study to determine--
``(i) a maximum base rate which ensures that the
amount of the grants provided under this section will
provide adequate (but not excessive) funding of the
administrative costs of the smallest tribal elementary
or secondary educational programs;
``(ii) a minimum base rate which ensures that the
amount of the grants provided under this section will
provide adequate (but not excessive) funding of the
administrative costs of the largest tribal elementary
or secondary educational programs; and
``(iii) a standard direct cost base which is the
aggregate direct cost funding level for which the
percentage determined under subsection (c) will--
``(I) be equal to the median between the
maximum base rate and the minimum base rate;
and
``(II) ensure that the amount of the grants
provided under this section will provide
adequate (but not excessive) funding of the
administrative costs of tribal elementary or
secondary educational programs closest to the
size of the program.
``(2) Guidelines.--The studies required under paragraph (1)
shall--
``(A) be conducted in full consultation (in
accordance with section 1131) with--
``(i) the tribes and tribal organizations
that are affected by the application of the
formula set forth in subsection (c); and
``(ii) all national and regional Indian
organizations of which such tribes and tribal
organizations are typically members;
``(B) be conducted onsite with a representative
statistical sample of the tribal elementary or
secondary educational programs under a contract entered
into with a nationally reputable public accounting and
business consulting firm;
``(C) take into account the availability of skilled
labor; commodities, business and automatic data
processing services, related Indian preference and
Indian control of education requirements, and any other
market factors found substantially to affect the
administrative costs and efficiency of each such tribal
elementary or secondary educational program studied in
order to assure that all required administrative
activities can reasonably be delivered in a cost
effective manner for each such program, given an
administrative cost allowance generated by the values,
percentages, or other factors found in the studies to
be relevant in such formula;
``(D) identify, and quantify in terms of percentages
of direct program costs, any general factors arising
from geographic isolation, or numbers of programs
administered, independent of program size factors used
to compute a base administrative cost percentage in
such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required
administrative cost functions at any of the tribal
elementary or secondary educational programs studied
and determine whether the factors are of general
applicability to other such programs, and (if so) how
the factors may effectively be incorporated into such
formula.
``(3) Consultation with inspector general.--In carrying out
the studies required under this subsection, the Director shall
obtain the input of, and afford an opportunity to participate
to, the Inspector General of the Department of the Interior.
``(4) Consideration of delivery of administrative services.--
Determinations described in paragraph (2)(C) shall be based on
what is practicable at each location studied, given prudent
management practice, irrespective of whether required
administrative services were actually or fully delivered at
these sites, or whether other services were delivered instead,
during the period of the study.
``(5) Report.--Upon completion of the studies conducted under
paragraph (1), the Director shall submit to Congress a report
on the findings of the studies, together with determinations
based upon such studies that would affect the definitions set
forth under subsection (e) that are used in the formula set
forth in subsection (c).
``(6) Projection of costs.--The Secretary shall include in
the Bureau's justification for each appropriations request
beginning in the first fiscal year after the completion of the
studies conducted under paragraph (1), a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary education
programs which the Secretary expects to be funded in the fiscal
year for which the appropriations are sought.
``(7) Determination of program size.--For purposes of this
subsection, the size of tribal elementary or secondary
educational programs is determined by the aggregate direct cost
program funding level for all Bureau funded programs which
share common administrative cost functions.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as necessary to carry out this section.
``(2) Reductions.--If the total amount of funds necessary to
provide grants to tribes and tribal organizations in the
amounts determined under subsection (b) for a fiscal year
exceeds the amount of funds appropriated to carry out this
section for such fiscal year, the Secretary shall reduce the
amount of each grant determined under subsection (b) for such
fiscal year by an amount that bears the same relationship to
such excess as the amount of such grants determined under
subsection (b) bears to the total of all grants determined
under subsection (b) section for all tribes and tribal
organizations for such fiscal year.
``(k) Applicability to Schools Operating Under Tribally Controlled
Schools Act of 1988.--The provisions of this section shall also apply
to those schools operating under the Tribally Controlled Schools Act of
1988.
``SEC. 1129. DIVISION OF BUDGET ANALYSIS.
``(a) Establishment.--Not later than 12 months after the date of the
enactment of the No Child Left Behind Act of 2001, the Secretary shall
establish within the Office of Indian Education Programs a Division of
Budget Analysis (hereinafter referred to as the `Division'). Such
Division shall be under the direct supervision and control of the
Director of the Office.
``(b) Functions.--In consultation with the tribal governing bodies
and tribal school boards, the Director of the Office, through the
Division, shall conduct studies, surveys, or other activities to gather
demographic information on Bureau funded schools and project the amount
necessary to provide Indian students in such schools the educational
program set forth in this part.
``(c) Annual Reports.--Not later than the date that the Assistant
Secretary for Indian Affairs makes the annual budget submission, for
each fiscal year after the date of the enactment of the No Child Left
Behind Act of 2001, the Director of the Office shall submit to the
appropriate committees of Congress (including the Appropriations
committees), all Bureau funded schools, and the tribal governing bodies
of such schools, a report which shall contain--
``(1) projections, based upon the information gathered
pursuant to subparagraph (b) and any other relevant
information, of amounts necessary to provide Indian students in
Bureau funded schools the educational program set forth in this
part;
``(2) a description of the methods and formulas used to
calculate the amounts projected pursuant to paragraph (1); and
``(3) such other information as the Director of the Office
considers appropriate.
``(d) Use of Reports.--The Director of the Office and the Assistant
Secretary for Indian Affairs shall use the annual report required by
subsection (c) when preparing their annual budget submissions.
``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a) Establishment of System and Forward Funding.--
``(1) In general.--The Secretary shall establish, by
regulation adopted in accordance with section 1138, a system
for the direct funding and support of all Bureau funded
schools. Such system shall allot funds in accordance with
section 1127. All amounts appropriated for distribution under
this section may be made available under paragraph (2).
``(2) Timing for use of funds.--(A) For the purposes of
affording adequate notice of funding available pursuant to the
allotments made under section 1127, amounts appropriated in an
appropriations Act for any fiscal year shall become available
for obligation by the affected schools on July 1 of the fiscal
year in which such amounts are appropriated without further
action by the Secretary, and shall remain available for
obligation through the succeeding fiscal year.
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, not later than July 1 of the fiscal
year for which the funds are appropriated, allotments
to each affected school made under section 1127 of 85
percent of such appropriation; and
``(ii) publish, not later than September 30 of such
fiscal year, the allotments to be made under section
1127 of the remaining 15 percent of such appropriation,
adjusted to reflect the actual student attendance.
``(3) Limitation.--(A) Notwithstanding any other provision of
law or regulation, the supervisor of a Bureau funded school may
expend an aggregate of not more than $50,000 of the amount
allotted the school under section 1127 to acquire materials,
supplies, equipment, services, operation, and maintenance for
the school without competitive bidding if--
``(i) the cost for any single item purchased does not
exceed $15,000;
``(ii) the school board approves the procurement;
``(iii) the supervisor certifies that the cost is
fair and reasonable;
``(iv) the documents relating to the procurement
executed by the supervisor or other school staff cite
this paragraph as authority for the procurement; and
``(v) the transaction is documented in a journal
maintained at the school clearly identifying when the
transaction occurred, what was acquired and from whom,
the price paid, the quantities acquired, and any other
information the supervisor or school board considers
relevant.
``(B) Not later than 6 months after the date of the enactment
of the No Child Left Behind Act of 2001, the Secretary shall
cause to be sent to each supervisor of a Bureau operated
program and school board chairperson, the education line
officer or officers of each agency and area, and the Bureau
Division in charge of procurement, at both the local and
national levels, notice of this paragraph.
``(C) The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this paragraph, and shall be
responsible for the provision of guidelines on the use of this
paragraph and adequate training on such guidelines.
``(4) Effect of sequestration order.--If a sequestration
order issued under the Balanced Budget and Emergency Deficit
Control Act of 1985 reduces the amount of funds available for
allotment under section 1127 for any fiscal year by more than 7
percent of the amount of funds available for allotment under
such section during the preceding fiscal year--
``(A) to fund allotments under section 1127, the
Secretary, notwithstanding any other law, may use--
``(i) funds appropriated for the operation of
any Bureau school that is closed or
consolidated; and
``(ii) funds appropriated for any program
that has been curtailed at any Bureau school;
and
``(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the
closure or consolidation of a school, or the
curtailment of a program at a school, during such
fiscal year if the funds described in clauses (i) and
(ii) of subparagraph (A) with respect to such school
are used to fund allotments made under section 1127 for
such fiscal year.
``(b) Local Financial Plans for Expenditure of Funds.--
``(1) Plan required.--In the case of all Bureau operated
schools, allotted funds shall be expended on the basis of local
financial plans which ensure meeting the accreditation
requirements or standards for the school established pursuant
to section 1121 and which shall be prepared by the local school
supervisor in active consultation with the local school board
for each school. The local school board for each school shall
have the authority to ratify, reject, or amend such financial
plan, and expenditures thereunder, and, on its own
determination or in response to the supervisor of the school,
to revise such financial plan to meet needs not foreseen at the
time of preparation of the financial plan.
``(2) The supervisor--
``(A) shall put into effect the decisions of the
school board;
``(B) shall provide the appropriate local union
representative of the education employees with copies
of proposed draft financial plans and all amendments or
modifications thereto, at the same time such copies are
submitted to the local school board; and
``(C) may appeal any such action of the local school
board to the appropriate education line officer of the
Bureau agency by filing a written statement describing
the action and the reasons the supervisor believes such
action should be overturned. A copy of such statement
shall be submitted to the local school board and such
board shall be afforded an opportunity to respond, in
writing, to such appeal. After reviewing such written
appeal and response, the appropriate education line
officer may, for good cause, overturn the action of the
local school board. The appropriate education line
officer shall transmit the determination of such appeal
in the form of a written opinion to such board and to
such supervisor identifying the reasons for overturning
such action.
``(c) Use of Self-Determination Grants Funds.--Funds for self-
determination grants under section 103(a)(2) of the Indian Self-
Determination and Education Assistance Act shall not be used for
providing technical assistance and training in the field of education
by the Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the Bureau, under
which control of education programs is intended to be transferred to
such tribe or tribes within a specific period of time negotiated under
such agreement. The Secretary may approve applications for funding
tribal divisions of education and development of tribal codes of
education from funds appropriated pursuant to section 104(a) of such
Act.
``(d) Technical Assistance and Training.--In the exercise of its
authority under this section, a local school board may request
technical assistance and training from the Secretary, and the Secretary
shall, to the greatest extent possible, provide such services, and make
appropriate provisions in the budget of the Office for such services.
``(e) Summer Program of Academic and Support Services.--
``(1) In general.--A financial plan under subsection (b) for
a school may include, at the discretion of the local
administrator and the school board of such school, a provision
for a summer program of academic and support services for
students of the school. Any such program may include activities
related to the prevention of alcohol and substance abuse. The
Assistant Secretary for Indian Affairs shall provide for the
utilization of any such school facility during any summer in
which such utilization is requested.
``(2) Use of other funds.--Notwithstanding any other
provision of law, funds authorized under the Act of April 16,
1934, and this Act may be used to augment the services provided
in each summer program at the option, and under the control, of
the tribe or Indian controlled school receiving such funds.
``(3) Technical assistance and program coordination.--The
Assistant Secretary for Indian Affairs, acting through the
Director of the Office, shall provide technical assistance and
coordination for any program described in paragraph (1) and
shall, to the extent possible, encourage the coordination of
such programs with any other summer programs that might benefit
Indian youth, regardless of the funding source or
administrative entity of any such program.
``(f) Cooperative Agreements.--
``(1) In general.--From funds allotted to a Bureau school
under section 1127, the Secretary shall, if specifically
requested by the tribal governing body (as defined in section
1141), implement any cooperative agreement entered into between
the tribe, the Bureau school board, and the local public school
district which meets the requirements of paragraph (2) and
involves the school. The tribe, the Bureau school board, and
the local public school district shall determine the terms of
the agreement. Such agreement may encompass coordination of all
or any part of the following:
``(A) Academic program and curriculum, unless the
Bureau school is currently accredited by a State or
regional accrediting entity and would not continue to
be so accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Equal benefit and burden.--Each agreement entered into
pursuant to the authority provided in paragraph (1) shall
confer a benefit upon the Bureau school commensurate with the
burden assumed, though this requirement shall not be construed
so as to require equal expenditures or an exchange of similar
services.
``(g) Product or Result of Student Projects.--Notwithstanding any
other provision of law, where there is agreement on action between the
superintendent and the school board of a Bureau funded school, the
product or result of a project conducted in whole or in major part by a
student may be given to that student upon the completion of such
project.
``(h) Not Considered Federal Funds for Matching Requirements.--
Notwithstanding any other provision of law, funds received by a Bureau
funded school under this part shall not be considered Federal funds for
the purposes of meeting a matching funds requirement for any Federal
program.
``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) Facilitation of Indian Control.--It shall be the policy of the
Secretary and the Bureau, in carrying out the functions of the Bureau,
to facilitate tribal control of Indian affairs in all matters relating
to education.
``(b) Consultation With Tribes.--
``(1) In general.--All actions under this Act shall be done
with active consultation with tribes.
``(2) Requirements.--The consultation required under
paragraph (1) means a process involving the open discussion and
joint deliberation of all options with respect to potential
issues or changes between the Bureau and all interested
parties. During such discussions and joint deliberations,
interested parties (including tribes and school officials)
shall be given an opportunity to present issues including
proposals regarding changes in current practices or programs
which will be considered for future action by the Bureau. All
interested parties shall be given an opportunity to participate
and discuss the options presented or to present alternatives,
with the views and concerns of the interested parties given
effect unless the Secretary determines, from information
available from or presented by the interested parties during
one or more of the discussions and deliberations, that there is
a substantial reason for another course of action. The
Secretary shall submit to any Member of Congress, within 18
days of the receipt of a written request by such Member, a
written explanation of any decision made by the Secretary which
is not consistent with the views of the interested parties.
``SEC. 1132. INDIAN EDUCATION PERSONNEL.
``(a) In General.--Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to classification,
pay and leave, respectively, and the sections of such title relating to
the appointment, promotion, hours of work, and removal of civil service
employees, shall not apply to educators or to education positions (as
defined in subsection (p)).
``(b) Regulations.--Not later than 60 days after the date of the
enactment of the No Child Left Behind Act of 2001, the Secretary shall
prescribe regulations to carry out this section. Such regulations shall
include--
``(1) the establishment of education positions;
``(2) the establishment of qualifications for educators and
education personnel;
``(3) the fixing of basic compensation for educators and
education positions;
``(4) the appointment of educators;
``(5) the discharge of educators;
``(6) the entitlement of educators to compensation;
``(7) the payment of compensation to educators;
``(8) the conditions of employment of educators;
``(9) the leave system for educators;
``(10) the annual leave and sick leave for educators; and
``(11) such matters as may be appropriate.
``(c) Qualifications of Educators.--
``(1) Requirements.--In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed
applicants for education positions be maintained in
each agency and area office of the Bureau from among
individuals who have applied at the agency or area
level for an education position or who have applied at
the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed
applicants for education positions be maintained in the
Office from among individuals who have applied at the
national level for an education position and who have
expressed interest in working in an education position
anywhere in the United States;
``(B) that a local school board shall have the
authority to waive on a case-by-case basis, any formal
education or degree qualifications established by
regulation pursuant to subsection (b)(2), in order for
a tribal member to be hired in an education position to
teach courses on tribal culture and language and that
subject to subsection (e)(2), a determination by a
school board that such a person be hired shall be
instituted supervisor; and
``(C) that it shall not be a prerequisite to the
employment of an individual in an education position at
the local level that such individual's name appear on
the national list maintained pursuant to subparagraph
(A)(ii) or that such individual has applied at the
national level for an education position.
``(2) Exception for certain temporary employment.--The
Secretary may authorize the temporary employment in an
education position of an individual who has not met the
certification standards established pursuant to regulations, if
the Secretary determines that failure to do so would result in
that position remaining vacant.
``(d) Hiring of Educators.--
``(1) Requirements.--In prescribing regulations to govern the
appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a Bureau operated
school (other than the supervisor of the school) shall
be hired by the supervisor of the school. In cases
where there are no qualified applicants available, such
supervisor may consult the national list maintained
pursuant to subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
education line officer of the agency office of the
Bureau in which the school is located;
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for
education of the agency office; and
``(iv) each education line officer and educators
employed in the Office of the Director of Indian
Education Programs shall be hired by the Director;
``(B) that before an individual is employed in an
education position in a school by the supervisor of a
school (or with respect to the position of supervisor,
by the appropriate agency education line officer), the
local school board for the school shall be consulted. A
determination by such school board that such individual
should or should not be so employed shall be instituted
by the supervisor (or with respect to the position of
supervisor, by the agency superintendent for
education);
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that a
determination by such school board that such individual
should or should not be employed shall be instituted by
the agency superintendent for education; and
``(D) that before an individual may be employed in an
education position in the Office of the Director (other
than the position of Director), the national school
boards representing all Bureau schools shall be
consulted.
``(2) Information regarding application at national level.--
Any individual who applies at the local level for an education
position shall state on such individual's application whether
or not such individual has applied at the national level for an
education position in the Bureau. If such individual is
employed at the local level, such individual's name shall be
immediately forwarded to the Secretary, who shall, as soon as
practicable but in no event in more than 30 days, ascertain the
accuracy of the statement made by such individual pursuant to
the first sentence of this paragraph. Notwithstanding
subsection (e), if the individual's statement is found to have
been false, such individual, at the Secretary's discretion, may
be disciplined or discharged. If the individual has applied at
the national level for an education position in the Bureau, the
appointment of such individual at the local level shall be
conditional for a period of 90 days, during which period the
Secretary may appoint a more qualified individual (as
determined by the Secretary) from the list maintained at the
national level pursuant to subsection (c)(1)(A)(ii) to the
position to which such individual was appointed.
``(3) Statutory construction.--Except as expressly provided,
nothing in this section shall be construed as conferring upon
local school boards authority over, or control of, educators at
Bureau funded schools or the authority to issue management
decisions.
``(e) Discharge and Conditions of Employment of Educators.--
``(1) Regulations.--In prescribing regulations to govern the
discharge and conditions of employment of educators, the
Secretary shall require--
``(A) that procedures be established for the rapid
and equitable resolution of grievances of educators;
``(B) that no educator may be discharged without
notice of the reasons therefore and opportunity for a
hearing under procedures that comport with the
requirements of due process; and
``(C) that educators employed in Bureau schools be
notified 30 days prior to the end of the school year
whether their employment contract will be renewed for
the following year.
``(2) Procedures for discharge.--The supervisor of a Bureau
school may discharge (subject to procedures established under
paragraph (1)(B)) for cause (as determined under regulations
prescribed by the Secretary) any educator employed in such
school. Upon giving notice of proposed discharge to an
educator, the supervisor involved shall immediately notify the
local school board for the school of such action. A
determination by the local school board that such educator
shall not be discharged shall be followed by the supervisor.
The supervisor shall have the right to appeal such action to
the education line officer of the appropriate agency office of
the Bureau. Upon such an appeal, the agency education line
officer may, for good cause and in writing to the local school
board, overturn the determination of the local school board
with respect to the employment of such individual.
``(3) Recommendations of school boards for discharge.--Each
local school board for a Bureau school shall have the right--
``(A) to recommend to the supervisor of such school
that an educator employed in the school be discharged;
and
``(B) to recommend to the education line officer of
the appropriate agency office of the Bureau and to the
Director of the Office, that the supervisor of the
school be discharged.
``(f) Applicability of Indian Preference Laws.--
``(1) In general.--Notwithstanding any provision of the
Indian preference laws, such laws shall not apply in the case
of any personnel action under this section respecting an
applicant or employee not entitled to Indian preference if each
tribal organization concerned grants a written waiver of the
application of such laws with respect to such personnel action
and states that such waiver is necessary. This paragraph shall
not relieve the Bureau's responsibility to issue timely and
adequate announcements and advertisements concerning any such
personnel action if such action is intended to fill a vacancy
(no matter how such vacancy is created).
``(2) Tribal organization defined.--For purposes of this
subsection, the term `tribal organization' means--
``(A) the recognized governing body of any Indian
tribe, band, nation, pueblo, or other organized
community, including a Native village (as defined in
section 3(c) of the Alaska Native Claims Settlement
Act); or
``(B) in connection with any personnel action
referred to in this subsection, any local school board
as defined in section 1141 which has been delegated by
such governing body the authority to grant a waiver
under this subsection with respect to personnel action.
``(3) Indian preference law defined.--The term `Indian
preference laws' means section 12 of the Act of June 18, 1934,
or any other provision of law granting a preference to Indians
in promotions and other personnel actions. Such term shall not
include section 7(b) of the Indian Self-Determination and
Education Assistance Act.
``(g) Compensation or Annual Salary.--
``(1) In general.--(A) Except as otherwise provided in this
section, the Secretary shall fix the basic compensation for
educators and education positions at rates in effect under the
General Schedule for individuals with comparable
qualifications, and holding comparable positions, to whom
chapter 51 of title 5, United States Code, is applicable or on
the basis of the Federal Wage System schedule in effect for the
locality, and for the comparable positions, the rates of
compensation in effect for the senior executive service.
``(B) The Secretary shall establish the rate of basic
compensation, or annual salary rates, for the positions of
teachers and counselors (including dormitory counselors and
home-living counselors) at the rates of basic compensation
applicable (on the date of the enactment of the No Child Left
Behind Act of 2001 and thereafter) to comparable positions in
the overseas schools under the Defense Department Overseas
Teachers Pay Act. The Secretary shall allow the local school
boards authority to implement only the aspects of the Defense
Department Overseas Teacher pay provisions that are considered
essential for recruitment and retention. Implementation of such
provisions shall not be construed to require the implementation
of the Act in its entirety.
``(C)(i) Beginning with the fiscal year following the date of
the enactment of the No Child Left Behind Act of 2001, each
school board may set the rate of compensation or annual salary
rate for teachers and counselors (including academic
counselors) who are new hires at the school and who have not
worked at the school on the date of implementation of this
provision, at rates consistent with the rates paid for
individuals in the same positions, with the same tenure and
training, in any other school within whose boundaries the
Bureau school lies. In instances where the adoption of such
rates cause a reduction in the payment of compensation from
that which was in effect for the fiscal year following the date
of the enactment of the No Child Left Behind Act of 2001, the
new rate may be applied to the compensation of employees of the
school who worked at the school on of the date of the enactment
of that Act by applying those rates to each contract renewal
such that the reduction takes effect in three equal
installments. Where adoption of such rates lead to an increase
in the payment of compensation from that which was in effect
for the fiscal year following the date of the enactment of the
No Child Left Behind Act of 2001, the school board may make
such rates applicable at the next contract renewal such that
either--
``(I) the increase occurs in its entirety; or
``(II) the increase is applied in three equal
installments.
``(ii) The establishment of rates of basic compensation and
annual salary rates under subparagraphs (B) and (C) shall not
preclude the use of regulations and procedures used by the
Bureau prior to April 28, 1988, in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(D) The establishment of rates of basic compensation and
annual salary rates under subparagraphs (B) and (C) shall not
affect the continued employment or compensation of an educator
who was employed in an education position on October 31, 1979,
and who did not make an election under subsection (p) is in
effect on January 1, 1990.
``(2) Post-differential rates.--(A) The Secretary may pay a
post-differential rate not to exceed 25 percent of the rate of
basic compensation, on the basis of conditions of environment
or work which warrant additional pay as a recruitment and
retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant the
supervisor of the school authorization to provide one or more
post-differentials under subparagraph (A) unless the Secretary
determines for clear and convincing reasons (and advises the
board in writing of those reasons) that certain of the
requested post-differentials should be disapproved or decreased
because there is no disparity of compensation for the involved
employees or positions in the Bureau school, as compared with
the nearest public school, that is either--
``(I) at least 5 percent; or
``(II) less than 5 percent and affects the
recruitment or retention of employees at the school.
``(ii) A request under clause (i) shall be deemed granted at
the end of the 60th day after the request is received in the
Central Office of the Bureau unless before that time the
request is approved, approved with modification, or disapproved
by the Secretary.
``(iii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post-differential authorized
under this subparagraph at the beginning of a school year if--
``(I) the local school board requests that such
differential be discontinued or decreased; or
``(II) the Secretary or the supervisor determines for
clear and convincing reasons (and advises the board in
writing of those reasons) that there is no disparity of
compensation that would affect the recruitment or
retention of employees at the school after the
differential is discontinued or decreased.
``(iv) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the previous
year and listing the positions contracted under those grants of
authority.
``(h) Liquidation of Remaining Leave Upon Termination.--Upon
termination of employment with the Bureau, any annual leave remaining
to the credit of an individual within the purview of this section shall
be liquidated in accordance with sections 5551(a) and 6306 of title 5,
United States Code, except that leave earned or accrued under
regulations prescribed pursuant to subsection (b)(10) of this section
shall not be so liquidated.
``(i) Transfer of Remaining Sick Leave Upon Transfer, Promotion, or
Reemployment.--In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a position in
the Federal Government under a different leave system, any remaining
leave to the credit of such person earned or credited under the
regulations prescribed pursuant to subsection (b)(10) shall be
transferred to such person's credit in the employing agency on an
adjusted basis in accordance with regulations which shall be prescribed
by the Office of Personnel Management.
``(j) Ineligibility for Employment of Voluntarily Terminated
Educators.--An educator who voluntarily terminates employment with the
Bureau before the expiration of the existing employment contract
between such educator and the Bureau shall not be eligible to be
employed in another education position in the Bureau during the
remainder of the term of such contract.
``(k) Dual Compensation.--In the case of any educator employed in an
education position described in subsection (l)(1)(A) who--
``(1) is employed at the close of a school year;
``(2) agrees in writing to serve in such position for the
next school year; and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred to
in section 5533 of title 5, United States Code, relating to
dual compensation,
shall not apply to such educator by reason of any such employment
during a recess period for any receipt of additional compensation.
``(l) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the Secretary may, subject to the approval of the
local school board concerned, accept voluntary services on behalf of
Bureau schools. Nothing in this part shall be construed to require
Federal employees to work without compensation or to allow the use of
volunteer services to displace or replace Federal employees. An
individual providing volunteer services under this section is a Federal
employee only for purposes of chapter 81 of title 5, United States
Code, and chapter 171 of title 28, United States Code.
``(m) Proration of Pay.--
``(1) Election of employee.--Notwithstanding any other
provision of law, including laws relating to dual compensation,
the Secretary, at the election of the employee, shall prorate
the salary of an employee employed in an education position for
the academic school year over the entire 12-month period. Each
educator employed for the academic school year shall annually
elect to be paid on a 12-month basis or for those months while
school is in session. No educator shall suffer a loss of pay or
benefits, including benefits under unemployment or other
Federal or federally assisted programs, because of such
election.
``(2) Change of election.--During the course of such year the
employee may change election once.
``(3) Lump sum payment.--That portion of the employee's pay
which would be paid between academic school years may be paid
in a lump sum at the election of the employee.
``(4) Definitions.--For purposes of this subsection, the
terms `educator' and `education position' have the meanings
contained in paragraphs (1) and (2) of subsection (o). This
subsection applies to those individuals employed under the
provisions of section 1132 of this title or title 5, United
States Code.
``(n) Extracurricular Activities.--
``(1) Stipend.--Notwithstanding any other provision of law,
the Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the school's
academic and social programs may elect to be compensated for
all such work on the basis of the stipend. Such stipend shall
be paid as a supplement to the employee's base pay.
``(2) Election not to receive stipend.--If an employee elects
not to be compensated through the stipend established by this
subsection, the appropriate provisions of title 5, United
States Code, shall apply.
``(3) Applicability of subsection.--This subsection applies
to all Bureau employees, whether employed under section 1132 of
this title or title 5, United States Code.
``(o) Definitions.--For the purpose of this section--
``(1) Education position.--The term `education position'
means a position in the Bureau the duties and responsibilities
of which--
``(A) are performed on a school-year basis
principally in a Bureau school and involve--
``(i) classroom or other instruction or the
supervision or direction of classroom or other
instruction;
``(ii) any activity (other than teaching)
which requires academic credits in educational
theory and practice equal to the academic
credits in educational theory and practice
required for a bachelor's degree in education
from an accredited institution of higher
education;
``(iii) any activity in or related to the
field of education notwithstanding that
academic credits in educational theory and
practice are not a formal requirement for the
conduct of such activity; or
``(iv) support services at, or associated
with, the site of the school; or
``(B) are performed at the agency level of the Bureau
and involve the implementation of education-related
programs other than the position for agency
superintendent for education.
``(2) Educator.--The term `educator' means an individual
whose services are required, or who is employed, in an
education position.
``(p) Covered Individuals; Election.--This section shall apply with
respect to any educator hired after November 1, 1979 (and to any
educator who elected for coverage under that provision after November
1, 1979) and to the position in which such individual is employed. The
enactment of this section shall not affect the continued employment of
an individual employed on October 31, 1979 in an education position, or
such person's right to receive the compensation attached to such
position.
``SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.
``(a) Establishment of System.--Not later than July 1, 2003, the
Secretary shall establish within the Office, a computerized management
information system, which shall provide processing and information to
the Office. The information provided shall include information
regarding--
``(1) student enrollment;
``(2) curriculum;
``(3) staffing;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information;
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements;
``(8) relevant reports;
``(9) personnel records;
``(10) finance and payroll; and
``(11) such other items as the Secretary deems appropriate.
``(b) Implementation of System.--Not later than July 1, 2004, the
Secretary shall complete implementation of such a system at each field
office and Bureau funded school.
``SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the Bureau to
formulate uniform procedures and practices with respect to such
concerns of those divisions as relate to education, and shall report
such practices and procedures to the Congress.
``SEC. 1135. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the recruitment of
qualified Indian educators and a detailed plan to promote employees
from within the Bureau. Such plan shall include opportunities for
acquiring work experience prior to actual work assignment.
``SEC. 1136. BIENNIAL REPORT; AUDITS.
``(a) Biennial Reports.--The Secretary shall submit to each
appropriate committee of Congress, all Bureau funded schools, and the
tribal governing bodies of such schools, a detailed biennial report on
the state of education within the Bureau and any problems encountered
in Indian education during the 2-year period covered by the report.
Such report shall contain suggestions for the improvement of the Bureau
educational system and for increasing tribal or local Indian control of
such system. Such report shall also include the current status of
tribally controlled community colleges. The annual budget submission
for the Bureau's education programs shall include--
``(1) information on the funds provided to previously private
schools under section 208 of the Indian Self-Determination and
Education Assistance Act, and recommendations with respect to
the future use of such funds;
``(2) the needs and costs of operations and maintenance of
tribally controlled community colleges eligible for assistance
under the Tribally Controlled Community College Assistance Act
of 1978 and recommendations with respect to meeting such needs
and costs; and
``(3) the plans required by sections 1121 (g), 1122(c), and
1125(b).
``(b) Financial and Compliance Audits.--The Inspector General of the
Department of the Interior shall establish a system to ensure that
financial and compliance audits are conducted of each Bureau operated
school at least once in every 3 years. Audits of Bureau schools shall
be based upon the extent to which such school has complied with its
local financial plan under section 1130.
``SEC. 1137. RIGHTS OF INDIAN STUDENTS.
``The Secretary shall prescribe such rules and regulations as are
necessary to ensure the constitutional and civil rights of Indian
students attending Bureau funded schools, including such students'
right to privacy under the laws of the United States, such students'
right to freedom of religion and expression, and such students' right
to due process in connection with disciplinary actions, suspensions,
and expulsions.
``SEC. 1138. REGULATIONS.
``(a) In General.--The Secretary is authorized to issue only such
regulations as are necessary to ensure compliance with the specific
provision of this Act. The Secretary shall publish proposed regulations
in the Federal Register, shall provide a period of not less than 90
days for public comment thereon, and shall place in parentheses after
each regulatory section the citation to any statutory provision
providing authority to promulgate such regulatory provision.
``(b) Miscellaneous.--
``(1) Construction.--The provisions of this Act shall
supersede any conflicting provisions of law (including any
conflicting regulations) in effect on the day before the date
of the enactment of this Act and the Secretary is authorized to
repeal any regulation inconsistent with the provisions of this
Act.
``(2) Legal authority to be stated.--Regulations issued to
implement this Act shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other legal
authority upon which provision is based.
``SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
``(a) Meetings.--
``(1) In general.--The Secretary shall obtain tribal
involvement in the development of proposed regulations under
this part and the Tribally Controlled Schools Act of 1988. The
Secretary shall obtain the advice of and recommendations from
representatives of Indian tribes with Bureau funded schools on
their reservations, Indian tribes whose children attend Bureau
funded off-reservation boarding schools, school boards,
administrators or employees of Bureau funded schools, and
parents and teachers of students enrolled in Bureau funded
schools.
``(2) Issues.--The Secretary shall provide for a
comprehensive discussion and exchange of information concerning
the implementation of this part and the Tribally Controlled
Schools Act of 1988 through such mechanisms as regional
meetings and electronic exchanges of information. The Secretary
shall take into account the information received through such
mechanisms in the development of proposed regulations and shall
publish a summary of such information in the Federal Register
together with such proposed regulations.
``(b) Draft Regulations.--
``(1) In general.--After obtaining the advice and
recommendations described in subsection (a)(1) and before
publishing proposed regulations in the Federal Register, the
Secretary shall prepare draft regulations implementing this
part and the Tribally Controlled Schools Act of 1988 and shall
submit such regulations to a negotiated rulemaking process.
Participants in the negotiations process shall be chosen by the
Secretary from individuals nominated by the entities described
in subsection (a)(1). To the maximum extent possible, the
Secretary shall ensure that the tribal representative
membership chosen pursuant to the preceding sentence reflects
the proportionate share of students from tribes served by the
Bureau funded school system. The negotiation process shall be
conducted in a timely manner in order that the final
regulations may issued by the Secretary no later than 18 months
after the enactment of this section.
``(2) Notification to congress.--If draft regulations
implementing this part and the Tribally Controlled Schools Act
of 1988 are not issued in final form by the deadline provided
in paragraph (1), the Secretary shall notify the appropriate
committees of Congress of which draft regulations were not
issued in final form by the deadline and the reason such final
regulations were not issued.
``(3) Expansion of negotiated rulemaking.--All regulations
pertaining to this part and the Tribally Controlled Schools Act
of 1988 that are promulgated after the date of the enactment of
this subsection shall be subject to a negotiated rulemaking
(including the selection of the regulations to be negotiated),
unless the Secretary determines that applying such a
requirement with respect to given regulations is impracticable,
unnecessary, or contrary to the public interest (within the
meaning of section 553(b)(3)(B) of title 5), and publishes the
basis for such determination in the Federal Register at the
same time as the proposed regulations in question are first
published. All published proposed regulations shall conform to
agreements resulting from such negotiated rulemaking unless the
Secretary reopens the negotiated rulemaking process or provides
a written explanation to the participants in that process why
the Secretary has decided to depart from such agreements. Such
negotiated rulemaking shall be conducted in accordance with the
provisions of subsection (a), and the Secretary shall ensure
that a clear and reliable record of agreements reached during
the negotiation process is maintained.
``(c) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall apply to activities carried out under this
section.
``SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) In General.--The Secretary shall provide grants to tribes,
tribal organizations, and consortia of tribes and tribal organizations
to fund early childhood development programs that are operated by such
tribes, organizations, or consortia.
``(b) Amount of Grants.--
``(1) In general.--The total amount of the grants provided
under subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the authority of subsection (g) for such fiscal year (less
amounts provided under subsection (f)) as--
``(A) the total number of children under 6 years of
age who are members of--
``(i) such tribe;
``(ii) the tribe that authorized such tribal
organization; or
``(iii) any tribe that--
``(I) is a member of such consortium;
or
``(II) authorizes any tribal
organization that is a member of such
consortium; bears to
``(B) the total number of all children under 6 years
of age who are members of any tribe that--
``(i) is eligible to receive funds under
subsection (a);
``(ii) is a member of a consortium that is
eligible to receive such funds; or
``(iii) authorizes a tribal organization that
is eligible to receive such funds.
``(2) Limitation.--No grant may be provided under subsection
(a)--
``(A) to any tribe that has less than 500 members;
``(B) to any tribal organization which is
authorized--
``(i) by only one tribe that has less than
500 members; or
``(ii) by one or more tribes that have a
combined total membership of less than 500
members; or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a
combined total tribal membership of less than 500
members.
``(c) Application.
``(1) In general.--A grant may be provided under subsection
(a) to a tribe, tribal organization, or consortia of tribes and
tribal organizations only if the tribe, organization, or
consortia submits to the Secretary an application for the grant
at such time and in such form as the Secretary shall prescribe.
``(2) Contents.--Applications submitted under paragraph (1)
shall set forth the early childhood development program that
the applicant desires to operate.
``(d) Requirement of Programs Funded.--The early childhood
development programs that are funded by grants provided under
subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care;
``(B) nutrition education;
``(C) health education and screening;
``(D) family literacy services;
``(E) educational testing; and
``(F) other educational services;
``(2) may include instruction in the language, art, and
culture of the tribe; and
``(3) shall provide for periodic assessment of the program.
``(e) Coordination of Family Literacy Programs.--Family literacy
programs operated under this section and other family literacy programs
operated by the Bureau of Indian Affairs shall be coordinated with
family literacy programs for Indian children under part B of title I of
the Elementary and Secondary Education Act of 1965 in order to avoid
duplication and to encourage the dissemination of information on
quality family literacy programs serving Indians.
``(f) Administrative Costs.--The Secretary shall, out of funds
appropriated under subsection (g), include in the grants provided under
subsection (a) amounts for administrative costs incurred by the tribe,
tribal organization, or consortium of tribes in establishing and
maintaining the early childhood development program.
``(g) Authorization of Appropriations.--For the purpose of carrying
out the provisions of this section, there are authorized to be
appropriated $10,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the fiscal years 2003, 2004, 2005, and 2006.
``SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.
``(a) In General.--Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to tribes for
the development and operation of tribal departments of education for
the purpose of planning and coordinating all educational programs of
the tribe.
``(b) Grants.--Grants provided under this section shall--
``(1) be based on applications from the governing body of the
tribe;
``(2) reflect factors such as geographic and population
diversity;
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations (and on
former Indian reservations in Oklahoma);
``(4) provide for the development of coordinated educational
programs on Indian reservations (and on former Indian
reservations in Oklahoma) (including all preschool, elementary,
secondary, and higher or vocational educational programs funded
by tribal, Federal, or other sources) by encouraging tribal
administrative support of all Bureau funded educational
programs as well as encouraging tribal cooperation and
coordination with all educational programs receiving financial
support from State agencies, other Federal agencies, or private
entities;
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel, students,
facilities, and support programs; and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and Educational
Assistance Act that are in effect on the date that application
for such grants are made.
``(c) Priorities.--
``(1) In general.--In making grants under this section, the
Secretary shall give priority to any application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department
of education to be funded under this section will
provide coordinating services and technical assistance
to all of such schools, including the submission to
each applicable agency of a unified application for
funding for all of such schools which provides that--
``(i) no administrative costs other than
those attributable to the individual programs
of such schools will be associated with the
unified application; and
``(ii) the distribution of all funds received
under the unified application will be equal to
the amount of funds provided by the applicable
agency to which each of such schools is
entitled under law;
``(B) includes assurances from the tribal governing
body that the tribal department of education funded
under this section will administer all contracts or
grants (except those covered by the other provisions of
this title and the Tribally Controlled Community
College Assistance Act of 1978) for education programs
administered by the tribe and will coordinate all of
the programs to the greatest extent possible;
``(C) includes assurances for the monitoring and
auditing by or through the tribal department of
education of all education programs for which funds are
provided by contract or grant to ensure that the
programs meet the requirements of law; and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the
grant by the tribal department of education of
all assets and functions of the Bureau agency
office associated with the tribe, insofar as
those responsibilities relate to education; and
``(ii) the termination by the Bureau of such
operations and office at the time of such
assumption,
except that when mutually agreeable between the tribal
governing body and the Assistant Secretary, the period
in which such assumption is to occur may be modified,
reduced, or extended after the initial year of the
grant.
``(2) Time period of grant.--Subject to the availability of
appropriated funds, grants provided under this section shall be
provided for a period of 3 years and the grant may, if
performance by the grantee is satisfactory to the Secretary, be
renewed for additional 3-year terms.
``(d) Terms, Conditions, or Requirements.--The Secretary shall not
impose any terms, conditions, or requirements on the provision of
grants under this section that are not specified in this section.
``(e) Authorization of Appropriations.--For the purpose of carrying
out the provisions of this section, there are authorized to be
appropriated $2,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the fiscal years 2003, 2004, 2005, and 2006.
``SEC. 1141. DEFINITIONS.
``For the purposes of this part, unless otherwise specified:
``(1) Agency school board.--The term `agency school board'
means a body, the members of which are appointed by all of the
school boards of the schools located within an agency,
including schools operated under contract or grant, and the
number of such members shall be determined by the Secretary in
consultation with the affected tribes, except that, in agencies
serving a single school, the school board of such school shall
fulfill these duties, and in agencies having schools or a
school operated under contract or grant, one such member at
least shall be from such a school.
``(2) Bureau.--The term `Bureau' means the Bureau of Indian
Affairs of the Department of the Interior.
``(3) Bureau funded school.--The term `Bureau funded school'
means--
``(A) a Bureau school;
``(B) a contract or grant school; or
``(C) a school for which assistance is provided under
the Tribally Controlled Schools Act of 1988.
``(4) Bureau school.--The term `Bureau school' means a Bureau
operated elementary or secondary day or boarding school or a
Bureau operated dormitory for students attending a school other
than a Bureau school.
``(5) Contract or grant school.--The term `contract or grant
school' means an elementary or secondary school or dormitory
which receives financial assistance for its operation under a
contract, grant or agreement with the Bureau under section 102,
103(a), or 208 of the Indian Self-Determination and Education
Assistance Act, or under the Tribally Controlled Schools Act of
1988.
``(6) Education line officer.--The term `education line
officer' means education personnel under the supervision of the
Director, whether located in the central, area, or agency
offices.
``(7) Family literacy services.--The term `family literacy
services' has the meaning given that term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
``(8) Financial plan.--The term `financial plan' means a plan
of services provided by each Bureau school.
``(9) Indian organization.--the term `Indian organization'
means any group, association, partnership, corporation, or
other legal entity owned or controlled by a federally
recognized Indian tribe or tribes, or a majority of whose
members are members of federally recognized tribes.
``(10) Local educational agency.--The term `local educational
agency' means a board of education or other legally constituted
local school authority having administrative control and
direction of free public education in a county, township,
independent, or other school district located within a State,
and includes any State agency which directly operates and
maintains facilities for providing free public education.
``(11) Local school board.--The term `local school board',
when used with respect to a Bureau school, means a body chosen
in accordance with the laws of the tribe to be served or, in
the absence of such laws, elected by the parents of the Indian
children attending the school, except that in schools serving a
substantial number of students from different tribes, the
members shall be appointed by the governing bodies of the
tribes affected, and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes.
``(12) Office.--The term `Office' means the Office of Indian
Education Programs within the Bureau.
``(13) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(14) Supervisor.--The term `supervisor' means the
individual in the position of ultimate authority at a Bureau
school.
``(15) Tribal governing body.--The term `tribal governing
body' means, with respect to any school, the tribal governing
body, or tribal governing bodies, that represent at least 90
percent of the students served by such school.
``(16) Tribe.--The term `tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act, which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.''.
SEC. 314. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.
Sections 5202 through 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.) are amended to read as follows:
``SEC. 5202. FINDINGS.
``Congress, after careful review of the Federal Government's
historical and special legal relationship with, and resulting
responsibilities to, Indians, finds that--
``(1) the Indian Self-Determination and Education Assistance
Act, which was a product of the legitimate aspirations and a
recognition of the inherent authority of Indian nations, was
and is a crucial positive step towards tribal and community
control;
``(2) the Bureau of Indian Affairs' administration and
domination of the contracting process under such Act has not
provided the full opportunity to develop leadership skills
crucial to the realization of self-government and has denied
Indians an effective voice in the planning and implementation
of programs for the benefit of Indians which are responsive to
the true needs of Indian communities;
``(3) Indians will never surrender their desire to control
their relationships both among themselves and with non-Indian
governments, organizations, and persons;
``(4) true self-determination in any society of people is
dependent upon an educational process which will ensure the
development of qualified people to fulfill meaningful
leadership roles;
``(5) the Federal administration of education for Indian
children has not effected the desired level of educational
achievement or created the diverse opportunities and personal
satisfaction that education can and should provide;
``(6) true local control requires the least possible Federal
interference; and
``(7) the time has come to enhance the concepts made manifest
in the Indian Self-Determination and Education Assistance Act.
``SEC. 5203. DECLARATION OF POLICY.
``(a) Recognition.--Congress recognizes the obligation of the United
States to respond to the strong expression of the Indian people for
self-determination by assuring maximum Indian participation in the
direction of educational services so as to render such services more
responsive to the needs and desires of those communities.
``(b) Commitment.--Congress declares its commitment to the
maintenance of the Federal Government's unique and continuing trust
relationship with and responsibility to the Indian people through the
establishment of a meaningful Indian self-determination policy for
education which will deter further perpetuation of Federal bureaucratic
domination of programs.
``(c) National Goal.--Congress declares that a major national goal of
the United States is to provide the resources, processes, and structure
which will enable tribes and local communities to effect the quantity
and quality of educational services and opportunities which will permit
Indian children to compete and excel in the life areas of their choice
and to achieve the measure of self-determination essential to their
social and economic well-being.
``(d) Educational Needs.--Congress affirms the reality of the special
and unique educational needs of Indian peoples, including the need for
programs to meet the linguistic and cultural aspirations of Indian
tribes and communities. These may best be met through a grant process.
``(e) Federal Relations.--Congress declares its commitment to these
policies and its support, to the full extent of its responsibility, for
Federal relations with the Indian Nations.
``(f) Termination.--Congress hereby repudiates and rejects House
Resolution 108 of the 83d Congress and any policy of unilateral
termination of Federal relations with any Indian Nation.
``SEC. 5204. GRANTS AUTHORIZED.
``(a) In General.--
``(1) Eligibility.--The Secretary shall provide grants to
Indian tribes, and tribal organizations that--
``(A) operate contract schools under title XI of the
Education Amendments of 1978 and notify the Secretary
of their election to operate the schools with
assistance under this part rather than continuing as
contract school;
``(B) operate other tribally controlled schools
eligible for assistance under this part and submit
applications (which are approved by their tribal
governing bodies) to the Secretary for such grants; or
``(C) elect to assume operation of Bureau funded
schools with the assistance under this part and submit
applications (which are approved by their tribal
governing bodies) to the Secretary for such grants.
``(2) Deposit of funds.--Grants provided under this part
shall be deposited into the general operating fund of the
tribally controlled school with respect to which the grant is
made.
``(3) Use of funds.--(A) Except as otherwise provided in this
paragraph, grants provided under this part shall be used to
defray, at the discretion of the school board of the tribally
controlled school with respect to which the grant is provided,
any expenditures for education related activities for which any
funds that compose the grant may be used under the laws
described in section 5205(a), including, but not limited to,
expenditures for--
``(i) school operations, academic, educational,
residential, guidance and counseling, and
administrative purposes; and
``(ii) support services for the school, including
transportation.
``(B) Grants provided under this part may, at the discretion
of the school board of the tribally controlled school with
respect to which such grant is provided, be used to defray
operations and maintenance expenditures for the school if any
funds for the operation and maintenance of the school are
allocated to the school under the provisions of any of the laws
described in section 5205(a).
``(b) Limitations.--
``(1) One grant per tribe or organization per fiscal year.--
Not more than one grant may be provided under this part with
respect to any Indian tribe or tribal organization for any
fiscal year.
``(2) Nonsectarian use.--Funds provided under any grant made
under this part may not be used in connection with religious
worship or sectarian instruction.
``(3) Administrative costs limitation.--Funds provided under
any grant under this part may not be expended for
administrative costs (as defined in section 1128(h)(1) of the
Education Amendments of 1978) in excess of the amount generated
for such costs under section 1128 of such Act.
``(c) Limitation on Transfer of Funds Among Schoolsites.--
``(1) In general.--In the case of a grantee that operates
schools at more than one schoolsite, the grantee may expend not
more than the lesser of--
``(A) 10 percent of the funds allocated for such
schoolsite under section 1128 of the Education
Amendments of 1978; or
``(B) $400,000 of such funds, at any other
schoolsite.
``(2) Definition of schoolsite.--For purposes of this
subsection, the term `schoolsite' means the physical location
and the facilities of an elementary or secondary educational or
residential program operated by, or under contract or grant
with, the Bureau for which a discreet student count is
identified under the funding formula established under section
1127 of the Education Amendments of 1978.
``(d) No Requirement To Accept Grants.--Nothing in this part may be
construed--
``(1) to require a tribe or tribal organization to apply for
or accept; or
``(2) to allow any person to coerce any tribe or tribal
organization to apply for, or accept,
a grant under this part to plan, conduct, and administer all of, or any
portion of, any Bureau program. Such applications and the timing of
such applications shall be strictly voluntary. Nothing in this part may
be construed as allowing or requiring any grant with any entity other
than the entity to which the grant is provided.
``(e) No Effect on Federal Responsibility.--Grants provided under
this part shall not terminate, modify, suspend, or reduce the
responsibility of the Federal Government to provide a program.
``(f) Retrocession.--
``(1) In general.--Whenever a tribal governing body requests
retrocession of any program for which assistance is provided
under this part, such retrocession shall become effective upon
a date specified by the Secretary that is not later than 120
days after the date on which the tribal governing body requests
the retrocession. A later date as may be specified if mutually
agreed upon by the Secretary and the tribal governing body. If
such a program is retroceded, the Secretary shall provide to
any Indian tribe served by such program at least the same
quantity and quality of services that would have been provided
under such program at the level of funding provided under this
part prior to the retrocession.
``(2) Status after retrocession.--The tribe requesting
retrocession shall specify whether the retrocession is to
status as a Bureau operated school or as a school operated
under contract under title XI of the Education Amendments of
1978.
``(3) Transfer of equipment and materials.--Except as
otherwise determined by the Secretary, the tribe or tribal
organization operating the program to be retroceded must
transfer to the Secretary (or to the tribe or tribal
organization which will operate the program as a contract
school) the existing equipment and materials which were
acquired--
``(A) with assistance under this part; or
``(B) upon assumption of operation of the program
under this part if the school was a Bureau funded
school under title XI of the Education Amendments of
1978 before receiving assistance under this part.
``(g) Prohibition of Termination for Administrative Convenience.--
Grants provided under this part may not be terminated, modified,
suspended, or reduced solely for the convenience of the administering
agency.
``SEC. 5205. COMPOSITION OF GRANTS.
``(a) In General.--The grant provided under this part to an Indian
tribe or tribal organization for any fiscal year shall consist of--
``(1) the total amount of funds allocated for such fiscal
year under sections 1127 and 1128 of the Education Amendments
of 1978 with respect to the tribally controlled schools
eligible for assistance under this part which are operated by
such Indian tribe or tribal organization, including, but not
limited to, funds provided under such sections, or under any
other provision of law, for transportation costs;
``(2) to the extent requested by such Indian tribe or tribal
organization, the total amount of funds provided from
operations and maintenance accounts and, notwithstanding
section 105 of the Indian Self-Determination Act, or any other
provision of law, other facilities accounts for such schools
for such fiscal year (including but not limited to those
referenced under section 1126(d) of the Education Amendments of
1978 or any other law); and
``(3) the total amount of funds that are allocated to such
schools for such fiscal year under--
``(A) title I of the Elementary and Secondary
Education Act of 1965;
``(B) the Individuals with Disabilities Education
Act; and
``(C) any other Federal education law, that are
allocated to such schools for such fiscal year.
``(b) Special Rules.--
``(1) In general.--(A) Funds allocated to a tribally
controlled school by reason of paragraph (1) or (2) of
subsection (a) shall be subject to the provisions of this part
and shall not be subject to any additional restriction,
priority, or limitation that is imposed by the Bureau with
respect to funds provided under--
``(i) title I of the Elementary and Secondary
Education Act of 1965;
``(ii) the Individuals with Disabilities Education
Act; or
``(iii) any Federal education law other than title XI
of the Education Amendments of 1978.
``(B) Indian tribes and tribal organizations to which grants
are provided under this part, and tribally controlled schools
for which such grants are provided, shall not be subject to any
requirements, obligations, restrictions, or limitations imposed
by the Bureau that would otherwise apply solely by reason of
the receipt of funds provided under any law referred to in
clause (i), (ii), or (iii) of subparagraph (A).
``(2) Schools considered contract schools.--Tribally
controlled schools for which grants are provided under this
part shall be treated as contract schools for the purposes of
allocation of funds under sections 1126(d), 1127, and 1128 of
the Education Amendments of 1978.
``(3) Schools considered bureau schools.--Tribally controlled
schools for which grants are provided under this chapter shall
be treated as Bureau schools for the purposes of allocation of
funds provided under--
``(A) title I of the Elementary and Secondary
Education Act of 1965;
``(B) the Individuals with Disabilities Education
Act; and
``(C) any other Federal education law, that are
distributed through the Bureau.
``(4) Accounts; use of certain funds.--(A) Notwithstanding
section 5204(a)(2), with respect to funds from facilities
improvement and repair, alteration and renovation (major or
minor), health and safety, or new construction accounts
included in the grant under section 5204(a), the grantee shall
maintain a separate account for such funds. At the end of the
period designated for the work covered by the funds received,
the grantee shall submit to the Secretary a separate accounting
of the work done and the funds expended to the Secretary. Funds
received from these accounts may only be used for the purpose
for which they were appropriated and for the work encompassed
by the application or submission under which they were
received.
``(B) Notwithstanding subparagraph (A), a school receiving a
grant under this part for facilities improvement and repair may
use such grant funds for new construction if the tribal
government or other organization provides funding for the new
construction equal to at least 25 percent of the total cost of
such new construction.
``(C) Where the appropriations measure or the application
submission does not stipulate a period for the work covered by
the funds so designated, the Secretary and the grantee shall
consult and determine such a period prior to the transfer of
the funds. A period so determined may be extended upon mutual
agreement of the Secretary and the grantee.
``(5) Enforcement of request to include funds.--If the
Secretary fails to carry out a request made under subsection
(a)(2) within 180 days of a request filed by an Indian tribe or
tribal organization to include in such tribe or organization's
grant the funds described in subsection (a)(2), the Secretary
shall be deemed to have approved such request and the Secretary
shall immediately amend the grant accordingly. Such tribe or
organization may enforce its rights under subsection (a)(2) and
this paragraph, including any denial or failure to act on such
tribe or organization's request, pursuant to the disputes
authority described in section 5209(e).
``SEC. 5206. ELIGIBILITY FOR GRANTS.
``(a) Rules.--
``(1) In general.--A tribally controlled school is eligible
for assistance under this part if the school--
``(A) on April 28, 1988, was a contract school under
title XI of the Education Amendments of 1978 and the
tribe or tribal organization operating the school
submits to the Secretary a written notice of election
to receive a grant under this part;
``(B) was a Bureau operated school under title XI of
the Education Amendments of 1978 and has met the
requirements of subsection (b);
``(C) is a school for which the Bureau has not
provided funds, but which has met the requirements of
subsection (c); or
``(D) is a school with respect to which an election
has been made under paragraph (2) and which has met the
requirements of subsection (b).
``(2) New schools.--Any application which has been submitted
under the Indian Self-Determination and Education Assistance
Act by an Indian tribe for a school which is not in operation
on the date of the enactment of the No Child Left Behind Act of
2001 shall be reviewed under the guidelines and regulations for
applications submitted under the Indian Self-Determination and
Education Assistance Act that were in effect at the time the
application was submitted, unless the Indian tribe or tribal
organization elects to have the application reviewed under the
provisions of subsection (b).
``(b) Additional Requirements for Bureau Funded Schools and Certain
Electing Schools.--
``(1) Bureau funded schools.--A school that was a Bureau
funded school under title XI of the Education Amendments of
1978 on the date of the enactment of the No Child Left Behind
Act of 2001, and any school with respect to which an election
is made under subsection (a)(2), meets the requirements of this
subsection if--
``(A) the Indian tribe or tribal organization that
operates, or desires to operate, the school submits to
the Secretary an application requesting that the
Secretary--
``(i) transfer operation of the school to the
Indian tribe or tribal organization, if the
Indian tribe or tribal organization is not
already operating the school; and
``(ii) make a determination as to whether the
school is eligible for assistance under this
part; and
``(B) the Secretary makes a determination that the
school is eligible for assistance under this part.
``(2) Certain electing schools.--(A) By not later than the
date that is 120 days after the date on which an application is
submitted to the Secretary under paragraph (1)(A), the
Secretary shall determine--
``(i) in the case of a school which is not being
operated by the Indian tribe or tribal organization,
whether to transfer operation of the school to the
Indian tribe or tribal organization; and
``(ii) whether the school is eligible for assistance
under this part.
``(B) In considering applications submitted under paragraph
(1)(A), the Secretary--
``(i) shall transfer operation of the school to the
Indian tribe or tribal organization, if the tribe or
tribal organization is not already operating the
school; and
``(ii) shall determine that the school is eligible
for assistance under this part, unless the Secretary
finds by clear and convincing evidence that the
services to be provided by the Indian tribe or tribal
organization will be deleterious to the welfare of the
Indians served by the school.
``(C) In considering applications submitted under paragraph
(1)(A), the Secretary shall consider whether the Indian tribe
or tribal organization would be deficient in operating the
school with respect to--
``(i) equipment;
``(ii) bookkeeping and accounting procedures;
``(iii) ability to adequately manage a school; or
``(iv) adequately trained personnel.
``(c) Additional Requirements for a School Which Is Not a Bureau
Funded School.--
``(1) In general.--A school which is not a Bureau funded
school under title XI of the Education Amendments of 1978 meets
the requirements of this subsection if--
``(A) the Indian tribe or tribal organization that
operates, or desires to operate, the school submits to
the Secretary an application requesting a determination
by the Secretary as to whether the school is eligible
for assistance under this part; and
``(B) the Secretary makes a determination that a
school is eligible for assistance under this part.
``(2) Deadline for determination by secretary.--(A) By not
later than the date that is 180 days after the date on which an
application is submitted to the Secretary under paragraph
(1)(A), the Secretary shall determine whether the school is
eligible for assistance under this part.
``(B) In making the determination under subparagraph (A), the
Secretary shall give equal consideration to each of the
following factors:
``(i) with respect to the applicant's proposal--
``(I) the adequacy of facilities or the
potential to obtain or provide adequate
facilities;
``(II) geographic and demographic factors in
the affected areas;
``(III) adequacy of the applicant's program
plans;
``(IV) geographic proximity of comparable
public education; and
``(V) the needs as expressed by all affected
parties, including but not limited to students,
families, tribal governments at both the
central and local levels, and school
organizations; and
``(ii) with respect to all education services already
available--
``(I) geographic and demographic factors in
the affected areas;
``(II) adequacy and comparability of programs
already available;
``(III) consistency of available programs
with tribal education codes or tribal
legislation on education; and
``(IV) the history and success of these
services for the proposed population to be
served, as determined from all factors
including, if relevant, standardized
examination performance.
``(C) The Secretary may not make a determination
under this paragraph that is primarily based upon the
geographic proximity of comparable public education.
``(D) Applications submitted under paragraph (1)(A)
shall include information on the factors described in
subparagraph (B)(i), but the applicant may also provide
the Secretary such information relative to the factors
described in subparagraph (B)(ii) as the applicant
considers appropriate.
``(E) If the Secretary fails to make a determination
under subparagraph (A) with respect to an application
within 180 days after the date on which the Secretary
received the application, the Secretary shall be
treated as having made a determination that the
tribally controlled school is eligible for assistance
under the title and the grant shall become effective 18
months after the date on which the Secretary received
the application, or on an earlier date, at the
Secretary's discretion.
``(d) Filing of Applications and Reports.--
``(1) In general.--All applications and reports submitted to
the Secretary under this part, and any amendments to such
applications or reports, shall be filed with the education line
officer designated by the Director of the Office of Indian
Education Programs of the Bureau of Indian Affairs. The date on
which such filing occurs shall, for purposes of this part, be
treated as the date on which the application or amendment was
submitted to the Secretary.
``(2) Supporting documentation.--Any application that is
submitted under this chapter shall be accompanied by a document
indicating the action taken by the tribal governing body in
authorizing such application.
``(e) Effective Date for Approved Applications.--Except as provided
by subsection (c)(2)(E), a grant provided under this part, and any
transfer of the operation of a Bureau school made under subsection (b),
shall become effective beginning the academic year succeeding the
fiscal year in which the application for the grant or transfer is made,
or at an earlier date determined by the Secretary.
``(f) Denial of Applications.--
``(1) In general.--Whenever the Secretary refuses to approve
a grant under this chapter, to transfer operation of a Bureau
school under subsection (b), or determines that a school is not
eligible for assistance under this part, the Secretary shall--
``(A) state the objections in writing to the tribe or
tribal organization within the allotted time;
``(B) provide assistance to the tribe or tribal
organization to overcome all stated objections.
``(C) at the request of the tribe or tribal
organization, provide the tribe or tribal organization
a hearing on the record under the same rules and
regulations that apply under the Indian Self-
Determination and Education Assistance Act; and
``(D) provide an opportunity to appeal the objection
raised.
``(2) Timeline for reconsideration of amended applications.--
The Secretary shall reconsider any amended application
submitted under this part within 60 days after the amended
application is submitted to the Secretary.
``(g) Report.--The Bureau shall submit an annual report to the
Congress on all applications received, and actions taken (including the
costs associated with such actions), under this section at the same
time that the President is required to submit to Congress the budget
under section 1105 of title 31, United States Code.
``SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
``(a) In General.--If the Secretary determines that a tribally
controlled school is eligible for assistance under this part, the
eligibility determination shall remain in effect until the
determination is revoked by the Secretary, and the requirements of
subsection (b) or (c) of section 5206, if applicable, shall be
considered to have been met with respect to such school until the
eligibility determination is revoked by the Secretary.
``(b) Annual Reports.--
``(1) In general.--Each recipient of a grant provided under
this part shall complete an annual report which shall be
limited to--
``(A) an annual financial statement reporting revenue
and expenditures as defined by the cost accounting
established by the grantee;
``(B) an annual financial audit conducted pursuant to
the standards of the Single Audit Act of 1984;
``(C) an annual submission to the Secretary of the
number of students served and a brief description of
programs offered under the grant; and
``(D) a program evaluation conducted by an impartial
evaluation review team, to be based on the standards
established for purposes of subsection (c)(1)(A)(ii).
``(2) Evaluation review teams.--Where appropriate, other
tribally controlled schools and representatives of tribally
controlled community colleges shall make up members of the
evaluation review teams.
``(3) Evaluations.--In the case of a school which is
accredited, evaluations will be conducted at intervals under
the terms of accreditation.
``(4) Submission of report.--
``(A) To tribally governing body.--Upon completion of
the report required under paragraph (a), the recipient
of the grant shall send (via first class mail, return
receipt requested) a copy of such annual report to the
tribal governing body (as defined in section 1132(f) of
the Education Amendments of 1978) of the tribally
controlled school.
``(B) To secretary.--Not later than 30 days after
receiving written confirmation that the tribal
governing body has received the report send pursuant to
subsection (A), the recipient of the grant shall send a
copy of the report to the Secretary.
``(c) Revocation of Eligibility.--
``(1) In general.--(A) The Secretary shall not revoke a
determination that a school is eligible for assistance under
this part if--
``(i) the Indian tribe or tribal organization submits
the reports required under subsection (b) with respect
to the school; and
``(ii) at least one of the following subclauses
applies with respect to the school:
``(I) The school is certified or accredited
by a State or regional accrediting association
or is a candidate in good standing for such
accreditation under the rules of the State or
regional accrediting association, showing that
credits achieved by the students within the
education programs are, or will be, accepted at
grade level by a State certified or regionally
accredited institution.
``(II) A determination made by the Secretary
that there is a reasonable expectation that the
accreditation described in subclause (I), or
the candidacy in good standing for such
accreditation, will be reached by the school
within 3 years and that the program offered by
the school is beneficial to the Indian
students.
``(III) The school is accredited by a tribal
department of education if such accreditation
is accepted by a generally recognized regional
or State accreditation agency.
``(IV) The schools accept the standards
promulgated under section 1121 of the Education
Amendments of 1978 and an evaluation of
performance is conducted under this section in
conformance with the regulations pertaining to
Bureau operated schools by an impartial
evaluator chosen by the grantee, but no grantee
shall be required to comply with these
standards to a higher degree than a comparable
Bureau operated school.
``(V) A positive evaluation of the school is
conducted by an impartial evaluator agreed upon
by the Secretary and the grantee every 2 years
under standards adopted by the contractor under
a contract for a school entered into under the
Indian Self-Determination and Education
Assistance Act (or revisions of such standards
agreed to by the Secretary and the grantee)
prior to the date of the enactment of this Act.
If the Secretary and the grantee other than the
tribal governing body fail to agree on such an
evaluator, the tribal governing body shall
choose the evaluator or perform the evaluation.
If the Secretary and a grantee which is the
tribal governing body fail to agree on such an
evaluator, this subclause shall not apply.
``(B) The choice of standards employed for the purpose of
subparagraph (A)(ii) shall be consistent with section 1121(e)
of the Education Amendments of 1978.
``(2) Notice requirements for revocation.--The Secretary
shall not revoke a determination that a school is eligible for
assistance under this part, or reassume control of a school
that was a Bureau school prior to approval of an application
submitted under section 5206(b)(1)(A) until the Secretary--
``(A) provides notice to the tribally controlled
school and the tribal governing body (within the
meaning of section 1141(14) of the Education Amendments
of 1978) of the tribally controlled school which
states--
``(i) the specific deficiencies that led to
the revocation or resumption determination; and
``(ii) the actions that are needed to remedy
such deficiencies; and
``(B) affords such authority an opportunity to effect
the remedial actions.
``(3) Technical assistance.--The Secretary shall provide such
technical assistance as is practicable to effect such remedial
actions. Such notice and technical assistance shall be in
addition to a hearing and appeal to be conducted pursuant to
the regulations described in section 5206(f)(1)(C).
``(d) Applicability of Section Pursuant to Election Under Section
5209(b).--With respect to a tribally controlled school which receives
assistance under this part pursuant to an election made under section
5209(b)--
``(1) subsection (b) of this section shall apply; and
``(2) the Secretary may not revoke eligibility for assistance
under this part except in conformance with subsection (c) of
this section.
``SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
``(a) Payments.--
``(1) In general.--Except as otherwise provided in this
subsection, the Secretary shall make payments to grantees under
this part in two payments, of which--
``(A) the first payment shall be made not later than
July 15 of each year in an amount equal to 85 percent
of the amount which the grantee was entitled to receive
during the preceding academic year; and
``(B) the second payment, consisting of the remainder
to which the grantee is entitled for the academic year,
shall be made not later than December 1 of each year.
``(2) Newly funded schools.--For any school for which no
payment under this part was made from Bureau funds in the
preceding academic year, full payment of the amount computed
for the first academic year of eligibility under this part
shall be made not later than December 1 of the academic year.
``(3) Late funding.--With regard to funds for grantees that
become available for obligation on October 1 of the fiscal year
for which such funds are appropriated, the Secretary shall make
payments to grantees not later than December 1 of the fiscal
year.
``(4) Applicability of certain title 31 provisions.--The
provisions of chapter 39 of Title 31, United States Code, shall
apply to the payments required to be made by paragraphs (1),
(2), and (3).
``(5) Restrictions.--Paragraphs (1), (2), and (3) shall be
subject to any restriction on amounts of payments under this
part that are imposed by a continuing resolution or other Act
appropriating the funds involved.
``(b) Investment of Funds.--
``(1) Treatment of interest and investment income.--
Notwithstanding any other provision of law, any interest or
investment income that accrues to any funds provided under this
part after such funds are paid to the Indian tribe or tribal
organization and before such funds are expended for the purpose
for which such funds were provided under this part shall be the
property of the Indian tribe or tribal organization and shall
not be taken into account by any officer or employee of the
Federal Government in determining whether to provide
assistance, or the amount of assistance, under any provision of
Federal law. Such interest income shall be spent on behalf of
the school.
``(2) Permissible investments.--Funds provided under this
part may be invested by the Indian tribe or tribal organization
before such funds are expended for the purposes of this part so
long as such funds are--
``(A) invested by the Indian tribe or tribal
organization only in obligations of the United States,
or in obligations or securities that are guaranteed or
insured by the United States, or mutual (or other)
funds registered with the Securities and Exchange
Commission and which only invest in obligations of the
United States, or securities that are guaranteed or
insured by the United States; or
``(B) deposited only into accounts that are insure by
and agency or instrumentality of the United States, or
are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
``(c) Recoveries.--For the purposes of underrecovery and overrecovery
determinations by any Federal agency for any other funds, from whatever
source derived, funds received under this part shall not be taken into
consideration.
``SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT.
``(a) Certain Provisions To Apply to Grants.--The following
provisions of the Indian Self-Determination and Education Assistance
Act (and any subsequent revisions thereto or renumbering thereof),
shall apply to grants provided under this part:
``(1) Section 5(f) (relating to single agency audit).
``(2) Section 6 (relating to criminal activities; penalties).
``(3) Section 7 (relating to wage and labor standards).
``(4) Section 104 (relating to retention of Federal employee
coverage).
``(5) Section 105(f) (relating to Federal property).
``(6) Section 105(k) (relating to access to Federal sources
of supply).
``(7) Section 105(l) (relating to lease of facility used for
administration and delivery of services).
``(8) Section 106(e) (relating to limitation on remedies
relating to cost allowances).
``(9) Section 106(i) (relating to use of funds for matching
or cost participation requirements).
``(10) Section 106(j) (relating to allowable uses of funds).
``(11) Section 108(c) (Model Agreements provisions (1)(a)(5)
(relating to limitations of costs), (1)(a)(7) (relating to
records and monitoring), (1)(a)(8) (relating to property), and
(a)(1)(9) (relating to availability of funds).
``(12) Section 109 (relating to reassumption).
``(13) Section 111 (relating to sovereign immunity and
trusteeship rights unaffected).
``(b) Election for Grant in Lieu of Contract.--
``(1) In general.--Contractors for activities to which this
part applies who have entered into a contract under the Indian
Self-Determination and Education Assistance Act that is in
effect upon the date of the enactment of the No Child Left
Behind Act of 2001 may, by giving notice to the Secretary,
elect to have the provisions of this part apply to such
activity in lieu of such contract.
``(2) Effective date of election.--Any election made under
paragraph (1) shall take effect on the later of--
``(A) October 1 of the fiscal year succeeding the
fiscal year in which such election is made; or
``(B) 60 days after the date of such election.
``(3) Exception.--In any case in which the 60-day period
referred to in paragraph (2)(B) is less than 60 days before the
beginning of the succeeding fiscal year, such election shall
not take effect until the fiscal year after the fiscal year
succeeding the election.
``(c) No Duplication.--No funds may be provided under any contract
entered into under the Indian Self-Determination and Education
Assistance Act to pay any expenses incurred in providing any program or
services if a grant has been made under this part to pay such expenses.
``(d) Transfers and Carryovers.--
``(1) Buildings, equipment, supplies, materials.--A tribe or
tribal organization assuming the operation of--
``(A) a Bureau school with assistance under this part
shall be entitled to the transfer or use of buildings,
equipment, supplies, and materials to the same extent
as if it were contracting under the Indian Self-
Determination and Education Assistance Act; or
``(B) a contract school with assistance under this
part shall be entitled to the transfer or use of
buildings, equipment, supplies and materials that were
used in the operation of the contract school to the
same extent as if it were contracting under the Indian
Self-Determination and Education Assistance Act.
``(2) Funds.--Any tribe or tribal organization which assumes
operation of a Bureau school with assistance under this part
and any tribe or tribal organization which elects to operate a
school with assistance under this part rather that to continue
as a contract school shall be entitled to any funds which would
carryover from the previous fiscal year as if such school were
operated as a contract school.
``(e) Exceptions, Problems, and Disputes.--Any exception or problem
cited in an audit conducted pursuant to section 5207(b)(2), any dispute
regarding a grant authorized to be made pursuant to this part or any
amendment to such grant, and any dispute involving an administrative
cost grant under section 1128 of the Education Amendments of 1978 shall
be administered under the provisions governing such exceptions,
problems, or disputes in the case of contracts under the Indian Self-
Determination and Education Assistance Act of 1975. The Equal Access to
Justice Act shall apply to administrative appeals filed after September
8, 1988, by grantees regarding a grant under this part, including an
administrative cost grant.
``SEC. 5210. ROLE OF THE DIRECTOR.
``Applications for grants under this part, and all application
modifications, shall be reviewed and approved by personnel under the
direction and control of the Director of the Office of Indian Education
Programs. Required reports shall be submitted to education personnel
under the direction and control of the Director of such Office.
``SEC. 5211. REGULATIONS.
``The Secretary is authorized to issue regulations relating to the
discharge of duties specifically assigned to the Secretary by this
part. In all other matters relating to the details of planning,
development, implementing, and evaluating grants under this part, the
Secretary shall not issue regulations. Regulations issued pursuant to
this part shall not have the standing of a Federal statute for the
purposes of judicial review.
``SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT PROGRAM.
``(a) In General.--
``(1) Trust funds.--Each school receiving grants under this
part may establish, at a Federally insured banking and savings
institution, a trust fund for the purposes of this section.
``(2) Authority of schools regarding trust funds.--The school
may provide--
``(A) for the deposit into the trust fund, only funds
from non-Federal sources, except that the interest on
funds received from grants under this part may be used
for this purpose;
``(B) for the deposit in the account of any earnings
on funds deposited in the account; and
``(C) for the sole use of the school any noncash, in-
kind contributions of real or personal property, such
property may at any time be converted to cash.
``(b) Interest.--Interest from the fund established under subsection
(a) may periodically be withdrawn and used, at the discretion of the
school, to defray any expenses associated with the operation of the
school.
``SEC. 5213. DEFINITIONS.
``For the purposes of this part:
``(1) Bureau.--The term `Bureau' means the Bureau of Indian
Affairs of the Department of the Interior.
``(2) Eligible indian student.--The term `eligible Indian
student' has the meaning of such term in section 1127(f) of the
Education Amendments of 1978.
``(3) Indian tribe.--The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community,
including Alaska Native Village or regional corporations (as
defined in or established pursuant to the Alaskan Native Claims
Settlement Act, which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
``(4) Local educational agency.--The term `local educational
agency' means a public board of education or other public
authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State or such combination of school districts
or counties as are recognized in a State as an administrative
agency for its public elementary or secondary schools. Such
term includes any other public institution or agency having
administrative control and direction of a public elementary or
secondary school.
``(5) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``(6) Tribal organization.--(A) The term `tribal
organization' means--
``(i) the recognized governing body of any Indian
tribe; or
``(ii) any legally established organization of
Indians which--
``(I) is controlled, sanctioned, or chartered
by such governing body or is democratically
elected by the adult members of the Indian
community to be served by such organization;
and
``(II) includes the maximum participation of
Indians in all phases of its activities.
``(B) In any case in which a grant is provided under this
part to an organization to provide services benefiting more
than one Indian tribe, the approval of the governing bodies of
Indian tribes representing 80 percent of those students
attending the tribally controlled school shall be considered a
sufficient tribal authorization for such grant.
``(7) Tribally controlled school.--The term `tribally
controlled school' means a school operated by a tribe or a
tribal organization, enrolling students in kindergarten through
grade 12, including preschools, which is not a local
educational agency and which is not directly administered by
the Bureau of Indian Affairs.''.
TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
PART A--INNOVATIVE PROGRAMS
SEC. 401. INNOVATIVE PROGRAMS.
Title IV is amended to read as follows:
``TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
``PART A--INNOVATIVE PROGRAMS
``Subpart 1--State and Local Innovative Programs
``SEC. 4101. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--Congress finds that this subpart--
``(1) provides flexibility to meet local needs;
``(2) promotes local and State education reforms;
``(3) contributes to the improvement of academic achievement
for all students;
``(4) provides funding for critical activities; and
``(5) provides services for private school students.
``(b) Statement of Purpose.--It is the purpose of programs under this
subpart--
``(1) to provide funding to enable States and local
educational agencies to implement promising educational reform
programs and school improvement initiatives based on
scientifically based research;
``(2) to provide a continuing source of innovation and
educational improvement, including support for library services
and instructional and media materials; and
``(3) to meet the educational needs of all students,
including at-risk youth.
``(c) State and Local Responsibility.--
``(1) In general.--The States shall have the basic
responsibility for the administration of funds made available
under this subpart, but such administration shall be carried
out with a minimum of paperwork.
``(2) Design and implementation.--Notwithstanding paragraph
(1), local educational agencies, school superintendents and
principals, and classroom teachers and supporting personnel
shall be mainly responsible for the design and implementation
of programs assisted under this subpart, because such agencies
and individuals have the most direct contact with students and
are most likely to be able to design programs to meet the
educational needs of students in their own school districts.
``CHAPTER 1--STATE AND LOCAL PROGRAMS
``SEC. 4111. ALLOCATION TO STATES.
``(a) Reservations.--From the sums appropriated to carry out this
subpart for each fiscal year, the Secretary shall reserve not more than
1 percent for payments to outlying areas to be allotted in accordance
with their respective needs.
``(b) Allocation of Remainder.--From the remainder of such sums, the
Secretary shall allocate, and make available in accordance with this
subpart, to each State an amount which bears the same ratio to the
amount of such remainder as the school-age population of the State
bears to the school-age population of all States, except that no State
shall receive less than an amount equal to \1/2\ of 1 percent of such
remainder.
``SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--
``(1) In general.--Subject to paragraph (2), from the sums
made available each year to carry out this subpart, the State
shall distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private, nonprofit schools within the
jurisdictions of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher per-pupil
allocations to local educational agencies that have the
greatest numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
``(A) children living in areas with high
concentrations of economically disadvantaged families;
``(B) children from economically disadvantaged
families; and
``(C) children living in sparsely populated areas.
``(2) Exception.--100 percent of any amount by which the
funds paid to a State under this subpart for a fiscal year
exceed the amount of such funds paid to the State for fiscal
year 2001 shall be distributed to local educational agencies
and used locally for innovative assistance described in section
4131(b).
``(3) Limitation on use of funds for administration.--In each
fiscal year, a State may use not more than 25 percent of the
funds available for State programs under this subpart for State
administration under section 4121.
``(b) Calculation of Enrollments.--
``(1) In general.--The calculation of relative enrollments
under subsection (a)(1) shall be on the basis of the total of--
``(A) the number of children enrolled in public
schools; and
``(B) the number of children enrolled in private,
nonprofit schools whose parents would like their
children to participate in programs or projects
assisted under this subpart, for the fiscal year
preceding the fiscal year for which the determination
is made.
``(2) Construction.--Nothing in this subsection shall
diminish the responsibility of each local educational agency to
contact, on an annual basis, appropriate officials from private
nonprofit schools within the areas served by such agencies in
order to determine whether such schools desire that their
children participate in programs assisted under this chapter.
``(3) Adjustments.--
``(A) In general.--Relative enrollments calculated
under subsection (a)(1) shall be adjusted, in
accordance with criteria approved by the Secretary
under subparagraph (B), to provide higher per-pupil
allocations only to local educational agencies that
serve the greatest numbers or percentages of--
``(i) children living in areas with high
concentrations of economically disadvantaged
families;
``(ii) children from economically
disadvantaged families; or
``(iii) children living in sparsely populated
areas.
``(B) Criteria.--The Secretary shall review criteria
submitted by a State for adjusting allocations under
paragraph (1) and shall approve such criteria only if
the Secretary determines that such criteria are
reasonably calculated to produce an adjusted allocation
that reflects the relative needs of the State's local
educational agencies based on the factors set forth in
subparagraph (A).
``(c) Payment of Allocations.--
``(1) Distribution.--From the funds paid to a State under
this subpart for a fiscal year, a State shall distribute to
each eligible local educational agency that has submitted an
application as required in section 4133 the amount of such
local educational agency's allocation, as determined under
subsection (a).
``(2) Additional funds.--
``(A) In general.--Additional funds resulting from
higher per-pupil allocations provided to a local
educational agency on the basis of adjusted enrollments
of children described in subsection (a)(1) may, in the
discretion of the local educational agency, be
allocated for expenditures to provide services for
children enrolled in public and private, nonprofit
schools in direct proportion to the number of children
described in subsection (a)(1) and enrolled in such
schools within the local educational agency.
``(B) Election.--In any fiscal year, any local
educational agency that elects to allocate such
additional funds in the manner described in
subparagraph (A) shall allocate all additional funds to
schools within the local educational agency in such
manner.
``(C) Construction.--Subparagraphs (A) and (B) may
not be construed to require any school to limit the use
of the additional funds described in subparagraph (A)
to the provision of services to specific students or
categories of students.
``CHAPTER 2--STATE PROGRAMS
``SEC. 4121. STATE USE OF FUNDS.
``A State may use funds made available for State use under this
subpart only for--
``(1) State administration of programs under this subpart
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State
funds; and
``(C) monitoring and evaluation of programs and
activities under this subpart;
``(2) support for planning, designing, and initial
implementation of charter schools as described in part B;
``(3) statewide education reform and school improvement
activities and technical assistance and direct grants to local
educational agencies which assist such agencies under section
4131; and
``(4) support for arrangements that provide for independent
analysis to measure and report on school district achievement.
``SEC. 4122. STATE APPLICATIONS.
``(a) Application Requirements.--If a State seeks to receive
assistance under this subpart, the individual, entity, or agency
responsible for public elementary and secondary education policy under
the State constitution or State law shall submit to the Secretary an
application that--
``(1) provides for an annual statewide summary of how
assistance under this subpart is contributing toward improving
student achievement or improving the quality of education for
students;
``(2) provides information setting forth the allocation of
such funds required to implement section 4142;
``(3) provides that the State will keep such records and
provide such information to the Secretary as may be required
for fiscal audit and program evaluation (consistent with the
responsibilities of the Secretary under this section);
``(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this
subpart, the State has not exercised and will not exercise any
influence in the decisionmaking processes of local educational
agencies as to the expenditure made pursuant to an application
under section 4133;
``(5) contains assurances that there is compliance with the
specific requirements of this subpart; and
``(6) provides for timely public notice and public
dissemination of the information provided under paragraph (2).
``(b) Statewide Summary.--The statewide summary referred to in
subsection (a)(1) shall be submitted to the Secretary and shall be
derived from the evaluation information submitted by local educational
agencies to the State under section 4133(a)(2)(H). The format and
content of such summary shall be in the discretion of the State and may
include statistical measures such as the number of students served by
each type of innovative assistance described in section 4131(b),
including the number of teachers trained.
``(c) Period of Application.--An application filed by the State under
subsection (a) shall be for a period not to exceed 3 years, and may be
amended annually as may be necessary to reflect changes without filing
a new application.
``(d) Audit Limitation.--Each local educational agency receiving less
than an average of $5,000 under this subpart may not be audited more
frequently than once every 5 years.
``CHAPTER 3--LOCAL INNOVATIVE EDUCATION PROGRAMS
``SEC. 4131. USE OF FUNDS.
``(a) In General.--Funds made available to local educational agencies
under section 4112 shall be used for innovative assistance programs
described in subsection (b).
``(b) Innovative Assistance.--The innovative assistance programs
referred to in subsection (a) may include--
``(1) professional development activities and the hiring of
teachers, including activities carried out in accordance with
title II, that give teachers, principals, and administrators
the knowledge and skills to provide students with the
opportunity to meet challenging State or local academic content
standards and student achievement standards;
``(2) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers, and other school officials, regarding how to
use effectively such equipment and software;
``(3) programs for the development or acquisition and use of
instructional and educational materials, including library
services and materials (including media materials), academic
assessments, reference materials, computer software and
hardware for instructional use, and other curricular materials
that are tied to high academic standards, that will be used to
improve student achievement, and that are part of an overall
education reform program;
``(4) promising education reform projects, including
effective schools and magnet schools;
``(5) programs to improve the academic skills of
disadvantaged elementary and secondary school students and to
prevent students from dropping out of school;
``(6) programs to combat illiteracy;
``(7) programs to provide for the educational needs of gifted
and talented children;
``(8) planning, designing, and initial implementation of
charter schools as described in part B;
``(9) school improvement programs or activities under
sections 1116 and 1117;
``(10) community service programs that use qualified school
personnel to train and mobilize young people to measurably
strengthen their communities through nonviolence,
responsibility, compassion, respect, and moral courage;
``(11) activities to promote consumer, economic, and personal
finance education, such as disseminating and encouraging the
best practices for teaching the basic principles of economics
and promoting the concept of achieving financial literacy
through the teaching of personal financial management skills
(including the basic principles involved with earning,
spending, saving, and investing);
``(12) activities to promote, implement, or expand public
school choice;
``(13) programs to hire and support school nurses;
``(14) expanding and improving school-based mental health
services, including early identification of drug use and
violence, assessment, and direct individual or group counseling
services provided to students, parents, and school personnel by
qualified school based mental health services personnel; and
``(15) alternative educational programs for those students
who have been expelled or suspended from their regular
educational setting, including programs to assist students to
reenter the regular educational setting upon return from
treatment or alternative educational programs.
``SEC. 4132. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this subpart, each
State or local educational agency may use funds made available under
this subpart to make grants to, and to enter into contracts with, local
educational agencies, institutions of higher education, libraries,
museums, and other public and private nonprofit agencies,
organizations, and institutions, including religious organizations.
``SEC. 4133. LOCAL APPLICATIONS.
``(a) Certification.--
``(1) In general.--A local educational agency or a consortium
of such agencies may receive an allocation of funds under this
subpart for any year for which the agency or consortium submits
an application under this section that is certified by the
State to meet the requirements of this section.
``(2) Contents of application.--The State shall certify each
application that--
``(A) describes locally identified needs relative to
the purposes of this subpart and to the innovative
assistance described in section 4131(b);
``(B) based on the needs identified in subparagraph
(A), sets forth the planned allocation of funds among
innovative assistance programs described in section
4131 and describes the programs, projects, and
activities designed to carry out such innovative
assistance programs that the local educational agency
intends to support;
``(C) contains information setting forth the
allocation of such funds required to implement section
4142;
``(D) describes how assistance under this subpart
will contribute to improving student academic
achievement;
``(E) provides assurances of compliance with the
provisions of this subpart, including the participation
of children enrolled in private, nonprofit schools in
accordance with section 4142;
``(F) provides assurance that the local educational
agency will keep such records, and provide such
information to the State as may be reasonably required
for fiscal audit and program evaluation, consistent
with the responsibilities of the State under this
subpart;
``(G) provides in the allocation of funds for the
assistance authorized by this subpart, and in the
design, planning, and implementation of such programs,
for systematic consultation with parents of children
attending elementary and secondary schools in the area
served by the local educational agency, with teachers
and administrative personnel in such schools, and with
other groups involved in the implementation of this
subpart (such as librarians, school counselors, and
other pupil services personnel) as may be considered
appropriate by the local educational agency; and
``(H) provides assurance that--
``(i) programs, services, and activities will
be evaluated annually;
``(ii) such evaluation will be used to
determine and implement appropriate changes in
program services and activities for the
subsequent year;
``(iii) such evaluation will describe how
assistance under this subpart contributed
toward improving student academic achievement;
and
``(iv) such evaluation will be submitted to
the State in the time and manner requested by
the State.
``(b) Time Period to Which Application Relates.--An application
submitted by a local educational agency under subsection (a) may seek
allocations under this part for a period of time not to exceed 3 fiscal
years and may be amended annually as may be necessary to reflect
changes without the filing of a new application.
``(c) Local Educational Agency Discretion.--
``(1) In general.--Subject to the limitations and
requirements of this subpart, a local educational agency shall
have complete discretion in determining how funds made
available under this chapter will be divided among programs and
activities described in section 4131.
``(2) Limitation.--In exercising the discretion described in
paragraph (1), a local educational agency shall ensure that
expenditures under this chapter carry out the purposes of this
subpart and are used to meet the educational needs within the
schools of such local educational agency.
``CHAPTER 4--GENERAL PROVISIONS
``SEC. 4141. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
``(a) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a
State is entitled to receive its full allocation of funds under
this subpart for any fiscal year only if the Secretary
determines that either the combined fiscal effort per student
or the aggregate expenditures within the State with respect to
the provision of free public education for the fiscal year
preceding the fiscal year for which the determination is made
was not less than 90 percent of such combined fiscal effort or
aggregate expenditures for the fiscal year that is 2 fiscal
years before the fiscal year for which the determination is
made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the allocation of funds under this subpart in any
fiscal year in the exact proportion to which the State fails to
meet the requirements of paragraph (1) by falling below 90
percent of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
``(3) Waiver.--The Secretary may waive, for 1 fiscal year
only, the requirements of this section if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(b) Federal Funds Supplementary.--A State or local educational
agency may use and allocate funds received under this subpart only to
supplement and, to the extent practical, to increase the level of funds
that would, in the absence of Federal funds made available under this
subpart, be made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal sources.
``SEC. 4142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number
of children in the school district of a local educational
agency which is eligible to receive funds under this subpart or
which serves the area in which a program or project assisted
under this subpart is located, who are enrolled in private
nonprofit elementary and secondary schools, or with respect to
instructional or personnel training programs funded by the
State from funds made available for State use, such agency,
after consultation with appropriate private school officials--
``(A) shall provide for the benefit of such children
in such schools secular, neutral, and nonideological
services, materials, and equipment, including the
participation of the teachers of such children (and
other educational personnel serving such children) in
training programs, and the repair or minor remodeling
of public facilities as may be necessary for their
provision (consistent with subsection (c) of this
section); or
``(B) if such services, materials, and equipment are
not feasible or necessary in 1 or more such private
schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as
will assure equitable participation of such children in
the purposes and benefits of this subpart.
``(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the school
district of a local educational agency, the State shall make
arrangements, such as through contracts with nonprofit agencies
or organizations, under which children in private schools in
such district are provided with services and materials to the
extent that would have occurred if the local educational agency
had received funds under this subpart.
``(3) Application of requirements.--The requirements of this
section relating to the participation of children, teachers,
and other personnel serving such children shall apply to
programs and projects carried out under this subpart by a State
or local educational agency, whether directly or through grants
to or contracts with other public or private agencies,
institutions, or organizations.
``(b) Equal Expenditures.--
``(1) In general.--Expenditures for programs pursuant to
subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under this
subpart for children enrolled in the public schools of the
local educational agency.
``(2) Concentrated programs.--Taking into account the needs
of the individual children and other factors which relate to
the expenditures referred to in paragraph (1), and when funds
available to a local educational agency under this subpart are
used to concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Administrative Rules.--
``(1) Funds and property.--The control of funds provided
under this subpart, and title to materials, equipment, and
property repaired, remodeled, or constructed with such funds,
shall be in a public agency for the uses and purposes provided
in this subpart, and a public agency shall administer such
funds and property.
``(2) Provision of services.--The provision of services
pursuant to this subpart shall be provided by employees of a
public agency or through contract by such public agency with a
person, an association, agency, or corporation who or which, in
the provision of such services, is independent of such private
school and of any religious organizations, and such employment
or contract shall be under the control and supervision of such
public agency, and the funds provided under this subpart shall
not be commingled with State or local funds.
``(d) Waiver.--
``(1) State prohibition waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs of
children enrolled in private elementary and secondary schools,
as required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
``(2) Failure to comply.--If the Secretary determines that a
State or a local educational agency has substantially failed or
is unwilling to provide for the participation on an equitable
basis of children enrolled in private elementary and secondary
schools as required by this section, the Secretary may waive
such requirements and shall arrange for the provision of
services to such children through arrangements which shall be
subject to the requirements of this section.
``(e) Withholding of Allocation.--Pending final resolution of any
investigation or complaint that could result in a waiver under
subsection (d)(1) or (d)(2), the Secretary may withhold from the
allocation of the affected State or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of services
to be provided by the Secretary under such subsection.
``(f) Term of Determinations.--Any determination by the Secretary
under this section shall continue in effect until the Secretary
determines that there will no longer be any failure or inability on the
part of the State or local educational agency to meet the requirements
of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary arranges for
services pursuant to this section, the Secretary shall, after
consultation with the appropriate public and private school officials,
pay the cost of such services, including the administrative costs of
arranging for those services, from the appropriate allotment of the
State under this subpart.
``(h) Review.--
``(1) Written objections.--The Secretary shall not take any
final action under this section until the State and the local
educational agency affected by such action have had an
opportunity, for not less than 45 days after receiving written
notice thereof, to submit written objections and to appear
before the Secretary or the Secretary's designee to show cause
why that action should not be taken.
``(2) Court action.--If a State or local educational agency
is dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency may, not later than
60 days after notice of such action, file with the United
States court of appeals for the circuit in which such State is
located a petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court to the
Secretary. The Secretary thereupon shall file in the court the
record of the proceedings on which the Secretary based this
action, as provided in section 2112 of title 28, United States
Code.
``(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the
Secretary may make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
``(4) Court review.--Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part. The
judgment of the court shall be subject to review by the Supreme
Court of the United States upon certiorari or certification as
provided in section 1254 of title 28, United States Code.
``(i) Prior Determination.--Any bypass determination by the Secretary
under chapter 2 of title I of this Act (as such chapter was in effect
on the day preceding the date of enactment of the Improving America's
Schools Act of 1994) shall, to the extent consistent with the purposes
of this title, apply to programs under this title.
``SEC. 4143. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request, shall
provide technical assistance to States and local educational agencies
under this subpart.
``(b) Rulemaking.--The Secretary shall issue regulations under this
subpart only to the extent that such regulations are necessary to
ensure that there is compliance with the specific requirements and
assurances required by this subpart.
``(c) Availability of Appropriations.--Notwithstanding any other
provision of law, unless expressly in limitation of this subsection,
funds appropriated in any fiscal year to carry out activities under
this subpart shall become available for obligation on July 1 of such
fiscal year and shall remain available for obligation until the end of
the subsequent fiscal year.
``SEC. 4144. DEFINITIONS.
``In this subpart, the following definitions apply:
``(1) School-age population.--The term `school-age
population' means the population aged 5 through 17.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 4145. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$450,000,000 for fiscal year 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``Subpart 2--Arts Education
``SEC. 4151. ASSISTANCE FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) every student can benefit from an education in the
arts;
``(2) a growing body of research indicates that education in
the arts may provide cognitive benefits and bolster academic
achievement, beginning at an early age and continuing through
secondary school;
``(3) qualified arts teachers and a sequential curriculum are
the basis and core for substantive arts education for students;
``(4) the arts should be taught according to rigorous
academic standards under arts education programs that provide
mechanisms under which educators are accountable to parents,
school officials, and the community;
``(5) opportunities to participate in the arts have enabled
individuals with disabilities of all ages to participate more
fully in school and community activities; and
``(6) arts education is a valuable part of the elementary and
secondary school curriculum.
``(b) Purposes.--The purposes of this subpart are to--
``(1) support systemic education reform by strengthening arts
education as an integral part of the elementary and secondary
school curriculum; and
``(2) help ensure that all students meet challenging State
academic content standards and challenging State student
academic achievement standards in the arts.
``(c) Authority.--In accordance with this subpart, the Secretary may
make grants to, or enter into contracts or cooperative agreements with,
eligible entities described in subsection (d).
``(d) Eligible Entities.--The Secretary may make assistance available
under subsection (c) to each of the following entities:
``(1) States.
``(2) Local educational agencies.
``(3) Institutions of higher education.
``(4) Museums or other cultural institutions.
``(5) Any other public or private agencies, institutions, and
organizations.
``(e) Use of Funds.--Assistance made available under this subpart may
be used only for--
``(1) research on arts education;
``(2) planning, developing, acquiring, expanding, improving,
or disseminating model school-based arts education programs;
``(3) the development of model State arts education
assessments based on State academic standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model inservice professional
development programs for arts educators and other instructional
staff;
``(6) supporting collaborative activities with Federal
agencies or institutions, arts educators, and organizations
representing the arts, including State and local arts agencies
involved in arts education;
``(7) supporting model projects or programs in the performing
arts for children and youth or programs which assure the
participation in mainstream settings in arts and education
programs of individuals with disabilities through arrangements
made with organizations such as the John F. Kennedy Center for
the Performing Arts and VSA arts;
``(8) supporting model projects or programs to integrate arts
education into the regular elementary and secondary school
curriculum; or
``(9) other activities that further the purposes of this
subpart.
``(f) Conditions.--As conditions of receiving assistance made
available under this subpart, the Secretary shall require each entity
receiving such assistance--
``(1) to coordinate, to the extent practicable, each project
or program carried out with such assistance with appropriate
activities of public or private cultural agencies,
institutions, and organizations, including museums, arts
education associations, libraries, and theaters; and
``(2) to use such assistance only to supplement and not to
supplant any other assistance or funds made available from non-
Federal sources for the activities assisted under this subpart.
``(g) Consultation.--In carrying out this part, the Secretary shall
consult with Federal agencies or institutions, arts educators
(including professional arts education associations), and organizations
representing the arts including State and local arts agencies involved
in arts education.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart such sums as may be necessary
for each of fiscal years 2002 through 2006.
``Subpart 3--Gifted and Talented Children
``SEC. 4161. SHORT TITLE.
``This subpart may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 2001'.
``SEC. 4162. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds the following:
``(1) While the families and communities of some gifted and
talented students can provide private educational programs with
appropriately trained staff to supplement public educational
offerings, most gifted and talented students, especially those
from inner cities, rural communities, or low-income families,
must rely on the services and personnel available in public
schools. In order to ensure that there are equal educational
opportunities for all gifted and talented students in the
United States, the public schools should provide gifted and
talented education programs carried out by qualified
professionals.
``(2) Due to the wide dispersal of students who are gifted
and talented and the national interest in a well-educated
populace, it is the Federal Government that can most
effectively and appropriately conduct scientifically based
research and development to ensure that there is a national
capacity to educate students who are gifted and talented in the
21st century.
``(3) Many State and local educational agencies lack the
specialized resources and trained personnel necessary to
consistently plan and implement effective programs for the
identification of gifted and talented students and for the
provision of educational services and programs appropriate for
the needs of such students.
``(4) Because gifted and talented students are generally more
advanced academically, are generally able to learn more
quickly, and generally study in more depth and complexity than
others their age, they require educational opportunities and
experiences that are different from those usually available to
other students.
``(5) A typical elementary school student who is academically
gifted and talented has already mastered 35 to 50 percent of
the content to be learned in several subjects in any school
year before that year begins. Without an advanced and
challenging curriculum, such a student may lose motivation and
develop poor study habits that are difficult to break.
``(6) Classes in elementary and secondary schools in the
United States consist of students with a wide variety of
traits, characteristics, and needs. Although most teachers
receive some training to meet the needs of students with
limited English proficiency, students with disabilities, and
students from diverse cultural and racial backgrounds, few
receive training to meet the needs of students who are gifted
and talented.
``(b) Purpose.--The purpose of this subpart is to initiate a
coordinated program of scientifically based research, demonstration
projects, innovative strategies, and similar activities designed to
build and enhance the ability of elementary and secondary schools
nationwide to meet the special educational needs of gifted and talented
students.
``SEC. 4163. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit a recipient of
funds under this subpart from serving gifted and talented students
simultaneously with students with similar educational needs, in the
same educational settings where appropriate.
``SEC. 4164. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--From the sums available to carry out this
subpart in any fiscal year, the Secretary (after consultation
with experts in the field of the education of gifted and
talented students) shall make grants to, or enter into
contracts with, State educational agencies, local educational
agencies, institutions of higher education, other public
agencies, and other private agencies and organizations
(including Indian tribes and Indian organizations (as such
terms are defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) and Native
Hawaiian organizations) to assist such agencies, institutions,
and organizations in carrying out programs or projects
authorized by this subpart that are designed to meet the
educational needs of gifted and talented students, including
the training of personnel in the education of gifted and
talented students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all students.
``(2) Application.--
``(A) In general.--Each entity seeking assistance
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require.
``(B) Contents.--Each application submitted under
this paragraph shall describe how--
``(i) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
``(ii) the proposed programs can be
evaluated.
``(b) Use of Funds.--Programs and projects assisted under this
section may include each of the following:
``(1) Conducting--
``(A) scientifically based research on methods and
techniques for identifying and teaching gifted and
talented students, and for using gifted and talented
programs and methods to serve all students; and
``(B) program evaluations, surveys, and the
collection, analysis, and development of information
needed to accomplish the purpose of this subpart.
``(2) Professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students.
``(3) Establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, including summer programs, mentoring
programs, service learning programs, and cooperative programs
involving business, industry, and education.
``(4) Implementing innovative strategies, such as cooperative
learning, peer tutoring, and service learning.
``(5) Programs of technical assistance and information
dissemination, including assistance and information with
respect to how gifted and talented programs and methods, where
appropriate, may be adapted for use by all students.
``(c) Establishment of National Center.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Center for Research and
Development in the Education of Gifted and Talented Children
and Youth through grants to or contracts with one or more
institutions of higher education or State educational agencies,
or a combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out activities
described in paragraph (1) of subsection (b).
``(2) Director.--The National Center established under
paragraph (1) shall be headed by a Director. The Secretary may
authorize the Director to carry out such functions of the
National Center as may be agreed upon through arrangements with
institutions of higher education, State or local educational
agencies, or other public or private agencies and
organizations.
``(d) Limitation.--Not more than 30 percent of the funds available in
any fiscal year to carry out the programs and projects authorized by
this section may be used to conduct activities pursuant to subsection
(b)(1) or subsection (c).
``(e) Coordination.--Scientifically based research activities
supported under this subpart--
``(1) shall be carried out in consultation with the Office of
Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by such Office; and
``(2) may include collaborative scientifically based research
activities which are jointly funded and carried out with such
Office.
``SEC. 4165. PROGRAM PRIORITIES.
``(a) General Priority.--In carrying out this subpart, the Secretary
shall give highest priority to programs and projects designed to
develop new information that--
``(1) improves the capability of schools to plan, conduct,
and improve programs to identify and serve gifted and talented
students; and
``(2) assists schools in the identification of, and provision
of services to, gifted and talented students who may not be
identified and served through traditional assessment methods
(including economically disadvantaged individuals, individuals
of limited English proficiency, and individuals with
disabilities).
``(b) Service Priority.--In approving applications for assistance
under section 4164(a)(2), the Secretary shall ensure that in each
fiscal year not less than 50 percent of the applications approved under
such section address the priority described in subsection (a)(2) of
this section.
``SEC. 4166. GENERAL PROVISIONS.
``(a) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this subpart, the
Secretary shall ensure, where appropriate, that provision is made for
the equitable participation of students and teachers in private
nonprofit elementary and secondary schools, including the participation
of teachers and other personnel in professional development programs
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer review process in reviewing applications
under this subpart;
``(2) ensure that information on the activities and results
of programs and projects funded under this subpart is
disseminated to appropriate State and local educational
agencies and other appropriate organizations, including
nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
subpart in accordance with section 8651, both in terms of the
impact on students traditionally served in separate gifted and
talented programs and on other students, and submit the results
of such evaluation to the Congress not later than 2 years after
the date of the enactment of the No Child Left Behind Act of
2001.
``(c) Program Operations.--The Secretary shall ensure that the
programs under this subpart are administered within the Department by a
person who has recognized professional qualifications and experience in
the field of the education of gifted and talented students and who
shall--
``(1) administer and coordinate the programs authorized under
this subpart;
``(2) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(3) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
``SEC. 4167. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of fiscal years 2002 through
2006.''.
SEC. 402. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any person or agency
that was awarded a grant under part B or D of title X (20 U.S.C. 8031
et seq., 8091 et seq.) prior to the date of the enactment of this Act
shall continue to receive funds in accordance with the terms of such
award until the date on which the award period terminates under such
terms.
PART B--PUBLIC CHARTER SCHOOLS
SEC. 411. PUBLIC CHARTER SCHOOLS.
Title IV, as amended by section 401, is further amended by adding at
the end the following:
``PART B--PUBLIC CHARTER SCHOOLS
``SEC. 4201. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) enhancement of parent and student choices among public
schools can assist in promoting comprehensive educational
reform and give more students the opportunity to meet
challenging State academic content standards and State student
academic achievement standards, if sufficiently diverse and
high-quality choices, and genuine opportunities to take
advantage of such choices, are available to all students;
``(2) useful examples of such choices can come from States
and communities that experiment with methods of offering
teachers and other educators, parents, and other members of the
public the opportunity to design and implement new public
schools and to transform existing public schools;
``(3) charter schools are a mechanism for testing a variety
of educational approaches and should, therefore, be exempted
from restrictive rules and regulations if the leadership of
such schools commits to attaining specific and ambitious
educational results for educationally disadvantaged students
consistent with challenging State academic content standards
and State student academic achievement standards for all
students;
``(4) charter schools can embody the necessary mixture of
enhanced choice, exemption from restrictive regulations, and a
focus on learning gains;
``(5) charter schools, including charter schools that are
schools-within-schools, can help reduce school size, and this
reduction can have a significant effect on student achievement;
``(6) the Federal Government should test, evaluate, and
disseminate information on a variety of charter school models
in order to help demonstrate the benefits of this promising
educational reform; and
``(7) there is a strong documented need for cash-flow
assistance to charter schools that are starting up, because
State and local operating revenue streams are not immediately
available.
``(b) Purpose.--It is the purpose of this part to increase national
understanding of the charter schools model by--
``(1) providing financial assistance for the planning,
program design and initial implementation of charter schools;
``(2) evaluating the effects of such schools, including the
effects on students, student achievement, staff, and parents;
and
``(3) expanding the number of high-quality charter schools
available to students across the Nation.
``SEC. 4202. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to section
4203 to enable such agencies to conduct a charter school grant program
in accordance with this part.
``(b) Special Rule.--If a State educational agency elects not to
participate in the program authorized by this part or does not have an
application approved under section 4203, the Secretary may award a
grant to an eligible applicant that serves such State and has an
application approved pursuant to section 4203(c).
``(c) Program Periods.--
``(1) Grants to states.--Grants awarded to State educational
agencies under this part shall be awarded for a period of not
more than 3 years.
``(2) Grants to eligible applicants.--Grants awarded by the
Secretary to eligible applicants or subgrants awarded by State
educational agencies to eligible applicants under this part
shall be awarded for a period of not more than 3 years, of
which the eligible applicant may use--
``(A) not more than 18 months for planning and
program design;
``(B) not more than 2 years for the initial
implementation of a charter school; and
``(C) not more than 2 years to carry out
dissemination activities described in section
4204(f)(6)(B).
``(d) Limitation.--A charter school may not receive--
``(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
``(2) more than one grant for activities under subparagraph
(C) of subsection (c)(2).
``(e) Priority Treatment.--
``(1) In general.--In awarding grants under this part from
any funds appropriated under section 4211, the Secretary shall
give priority to States to the extent that the States meet the
criteria described in paragraph (2) and one or more of the
criteria described in subparagraph (A), (B), or (C) of
paragraph (3).
``(2) Review and evaluation priority criteria.--The criteria
referred to in paragraph (1) is that the State provides for
periodic review and evaluation by the authorized public
chartering agency of each charter school, at least once every 5
years unless required more frequently by State law, to
determine whether the charter school is meeting the terms of
the school's charter, and is meeting or exceeding the academic
performance requirements and goals for charter schools as set
forth under State law or the school's charter.
``(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
``(A) The State has demonstrated progress, in
increasing the number of high quality charter schools
that are held accountable in the terms of the schools'
charters for meeting clear and measurable objectives
for the educational progress of the students attending
the schools, in the period prior to the period for
which a State educational agency or eligible applicant
applies for a grant under this part.
``(B) The State--
``(i) provides for one authorized public
chartering agency that is not a local
educational agency, such as a State chartering
board, for each individual or entity seeking to
operate a charter school pursuant to such State
law; or
``(ii) in the case of a State in which local
educational agencies are the only authorized
public chartering agencies, allows for an
appeals process for the denial of an
application for a charter school.
``(C) The State ensures that each charter school has
a high degree of autonomy over the charter school's
budgets and expenditures.
``(f) Amount Criteria.--In determining the amount of a grant to be
awarded under this part to a State educational agency, the Secretary
shall take into consideration the number of charter schools that are
operating, or are approved to open, in the State.
``SEC. 4203. APPLICATIONS.
``(a) Applications From State Agencies.--Each State educational
agency desiring a grant from the Secretary under this part shall submit
to the Secretary an application at such time, in such manner, and
containing or accompanied by such information as the Secretary may
require.
``(b) Contents of a State Educational Agency Application.--Each
application submitted pursuant to subsection (a) shall--
``(1) describe the objectives of the State educational
agency's charter school grant program and how such objectives
will be fulfilled, including steps taken by the State
educational agency to inform teachers, parents, and communities
of the State educational agency's charter school grant program;
and
``(2) describe how the State educational agency--
``(A) will inform each charter school in the State
regarding--
``(i) Federal funds that the charter school
is eligible to receive; and
``(ii) Federal programs in which the charter
school may participate;
``(B) will ensure that each charter school in the
State receives the charter school's commensurate share
of Federal education funds that are allocated by
formula each year, including during the first year of
operation of the charter school; and
``(C) will disseminate best or promising practices of
charter schools to each local educational agency in the
State; and
``(3) contain assurances that the State educational agency
will require each eligible applicant desiring to receive a
subgrant to submit an application to the State educational
agency containing--
``(A) a description of the educational program to be
implemented by the proposed charter school, including--
``(i) how the program will enable all
students to meet challenging State student
academic achievement standards;
``(ii) the grade levels or ages of children
to be served; and
``(iii) the curriculum and instructional
practices to be used;
``(B) a description of how the charter school will be
managed;
``(C) a description of--
``(i) the objectives of the charter school;
and
``(ii) the methods by which the charter
school will determine its progress toward
achieving those objectives;
``(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
``(E) a description of how parents and other members
of the community will be involved in the planning,
program design and implementation of the charter
school;
``(F) a description of how the authorized public
chartering agency will provide for continued operation
of the school once the Federal grant has expired, if
such agency determines that the school has met the
objectives described in subparagraph (C)(i);
``(G) a request and justification for waivers of any
Federal statutory or regulatory provisions that the
applicant believes are necessary for the successful
operation of the charter school, and a description of
any State or local rules, generally applicable to
public schools, that will be waived for, or otherwise
not apply to, the school;
``(H) a description of how the subgrant funds or
grant funds, as appropriate, will be used, including a
description of how such funds will be used in
conjunction with other Federal programs administered by
the Secretary;
``(I) a description of how students in the community
will be--
``(i) informed about the charter school; and
``(ii) given an equal opportunity to attend
the charter school;
``(J) an assurance that the eligible applicant will
annually provide the Secretary and the State
educational agency such information as may be required
to determine if the charter school is making
satisfactory progress toward achieving the objectives
described in subparagraph (C)(i);
``(K) an assurance that the applicant will cooperate
with the Secretary and the State educational agency in
evaluating the program assisted under this part;
``(L) a description of how a charter school that is
considered a local educational agency under State law,
or a local educational agency in which a charter school
is located, will comply with sections 613(a)(5) and
613(e)(1)(B) of the Individuals with Disabilities
Education Act;
``(M) if the eligible applicant desires to use
subgrant funds for dissemination activities under
section 4202(c)(2)(C), a description of those
activities and how those activities will involve
charter schools and other public schools, local
educational agencies, developers, and potential
developers; and
``(N) such other information and assurances as the
Secretary and the State educational agency may require.
``(c) Contents of Eligible Applicant Application.--Each eligible
applicant desiring a grant pursuant to section 4202(b) shall submit an
application to the State educational agency or Secretary, respectively,
at such time, in such manner, and accompanied by such information as
the State educational agency or Secretary, respectively, may reasonably
require.
``(d) Contents of Application.--Each application submitted pursuant
to subsection (c) shall contain--
``(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3), except that
for purposes of this subsection subparagraphs (J), (K), and (N)
of such subsection shall be applied by striking `and the State
educational agency' each place such term appears;
``(2) assurances that the State educational agency--
``(A) will grant, or will obtain, waivers of State
statutory or regulatory requirements; and
``(B) will assist each subgrantee in the State in
receiving a waiver under section 4204(e); and
``(3) assurances that the eligible applicant has provided its
authorized public chartering authority timely notice, and a
copy, of the application, except that the State educational
agency (or the Secretary, in the case of an application
submitted to the Secretary) may waive this requirement in the
case of an application for a precharter planning grant or
subgrant if the authorized public chartering authority to which
a charter school proposal will be submitted has not been
determined at the time the grant or subgrant application is
submitted.
``SEC. 4204. ADMINISTRATION.
``(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies under this
part on the basis of the quality of the applications submitted under
section 4203(b), after taking into consideration such factors as--
``(1) the contribution that the charter schools grant program
will make to assisting educationally disadvantaged and other
students to achieving State academic content standards and
State student academic achievement standards and, in general, a
State's education improvement plan;
``(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's charter
schools law;
``(3) the ambitiousness of the objectives for the State
charter school grant program;
``(4) the quality of the strategy for assessing achievement
of those objectives;
``(5) the likelihood that the charter school grant program
will meet those objectives and improve educational results for
students;
``(6) the number of high quality charter schools created
under this part in the State; and
``(7) in the case of State educational agencies that propose
to use grant funds to support dissemination activities under
section 4202(c)(2)(C), the quality of those activities and the
likelihood that those activities will improve student academic
achievement.
``(b) Selection Criteria for Eligible Applicants.--The Secretary
shall award grants to eligible applicants under this part on the basis
of the quality of the applications submitted under section 4203(c),
after taking into consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local educational
agency to the charter school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the charter
school;
``(5) the quality of the strategy for assessing achievement
of those objectives;
``(6) the likelihood that the charter school will meet those
objectives and improve educational results for students; and
``(7) in the case of an eligible applicant that proposes to
use grant funds to support dissemination activities under
section 4202(c)(2)(C), the quality of those activities and the
likelihood that those activities will improve student
achievement.
``(c) Peer Review.--The Secretary, and each State educational agency
receiving a grant under this part, shall use a peer review process to
review applications for assistance under this part.
``(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall award
subgrants under this part in a manner that, to the extent possible,
ensures that such grants and subgrants--
``(1) are distributed throughout different areas of the
Nation and each State, including urban and rural areas; and
``(2) will assist charter schools representing a variety of
educational approaches, such as approaches designed to reduce
school size.
``(e) Waivers.--The Secretary may waive any statutory or regulatory
requirement over which the Secretary exercises administrative authority
except any such requirement relating to the elements of a charter
school described in section 4210(1), if--
``(1) the waiver is requested in an approved application
under this part; and
``(2) the Secretary determines that granting such a waiver
will promote the purpose of this part.
``(f) Use of Funds.--
``(1) State educational agencies.--Each State educational
agency receiving a grant under this part shall use such grant
funds to award subgrants to one or more eligible applicants in
the State to enable such applicant to plan and implement a
charter school in accordance with this part, except that the
State educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
``(2) Eligible applicants.--Each eligible applicant receiving
funds from the Secretary or a State educational agency shall
use such funds to plan and implement a charter school, or to
disseminate information about the charter school and successful
practices in the charter school, in accordance with this part.
``(3) Allowable activities.--An eligible applicant receiving
a grant or subgrant under this part may use the grant or
subgrant funds only for--
``(A) post-award planning and design of the
educational program, which may include--
``(i) refinement of the desired educational
results and of the methods for measuring
progress toward achieving those results; and
``(ii) professional development of teachers
and other staff who will work in the charter
school; and
``(B) initial implementation of the charter school,
which may include--
``(i) informing the community about the
school;
``(ii) acquiring necessary equipment and
educational materials and supplies;
``(iii) acquiring or developing curriculum
materials; and
``(iv) other initial operational costs that
cannot be met from State or local sources.
``(4) Administrative expenses.--Each State educational agency
receiving a grant pursuant to this part may reserve not more
than 5 percent of such grant funds for administrative expenses
associated with the charter school grant program assisted under
this part. A local educational agency may not deduct funds for
administrative fees or expenses from a subgrant awarded to an
eligible applicant.
``(5) Revolving loan funds.--Each State educational agency
receiving a grant pursuant to this part may reserve not more
than 10 percent of the grant amount for the establishment of a
revolving loan fund. Such fund may be used to make loans to
eligible applicants that have received a subgrant under this
part, under such terms as may be determined by the State
educational agency, for the initial operation of the charter
school grant program of such recipient until such time as the
recipient begins receiving ongoing operational support from
State or local financing sources.
``(6) Dissemination.--
``(A) In general.--A charter school may apply for
funds under this part, whether or not the charter
school has applied for or received funds under this
part for planning, program design, or implementation,
to carry out the activities described in subparagraph
(B) if the charter school has been in operation for at
least 3 consecutive years and has demonstrated overall
success, including--
``(i) substantial progress in improving
student academic achievement;
``(ii) high levels of parent satisfaction;
and
``(iii) the management and leadership
necessary to overcome initial start-up problems
and establish a thriving, financially viable
charter school.
``(B) Activities.--A charter school described in
subparagraph (A) may use funds reserved under paragraph
(1) to assist other schools in adapting the charter
school's program (or certain aspects of the charter
school's program), or to disseminate information about
the charter school, through such activities as--
``(i) assisting other individuals with the
planning and start-up of one or more new public
schools, including charter schools, that are
independent of the assisting charter school and
the assisting charter school's developers, and
that agree to be held to at least as high a
level of accountability as the assisting
charter school;
``(ii) developing partnerships with other
public schools, including charter schools,
designed to improve student academic
achievement in each of the schools
participating in the partnership;
``(iii) developing curriculum materials,
academic assessments, and other materials that
promote increased student academic achievement
and are based on successful practices within
the assisting charter school; and
``(iv) conducting evaluations and developing
materials that document the successful
practices of the assisting charter school and
that are designed to improve student academic
achievement in other schools.
``(g) Tribally Controlled Schools.--Each State that receives a grant
under this part and designates a tribally controlled school as a
charter school shall not consider payments to a school under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507) in
determining--
``(1) the eligibility of the school to receive any other
Federal, State, or local aid; or
``(2) the amount of such aid.
``SEC. 4205. NATIONAL ACTIVITIES.
``(a) In General.--The Secretary shall reserve for each fiscal year
the greater of 5 percent or $5,000,000 of the amount appropriated to
carry out this part, except that in no fiscal year shall the total
amount so reserved exceed $8,000,000, to carry out the following
activities:
``(1) To provide charter schools, either directly or through
State educational agencies, with--
``(A) information regarding--
``(i) Federal funds that charter schools are
eligible to receive; and
``(ii) other Federal programs in which
charter schools may participate; and
``(B) assistance in applying for Federal education
funds that are allocated by formula, including
assistance with filing deadlines and submission of
applications.
``(2) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools on
student academic achievement, including information regarding--
``(A) students attending charter schools reported on
the basis of race, age, disability, gender, limited
English proficiency, and previous enrollment in public
school; and
``(B) the professional qualifications of teachers
within a charter school and the turnover of the
teaching force.
``(3) To provide--
``(A) information to applicants for assistance under
this part;
``(B) assistance to applicants for assistance under
this part with the preparation of applications under
section 4203;
``(C) assistance in the planning and startup of
charter schools;
``(D) training and technical assistance to existing
charter schools; and
``(E) for the dissemination to other public schools
of best or promising practices in charter schools.
``(4) To provide (including through the use of one or more
contracts that use a competitive bidding process) for the
collection of information regarding the financial resources
available to charter schools, including access to private
capital, and to widely disseminate to charter schools any such
relevant information and model descriptions of successful
programs.
``(b) Construction.--Nothing in this section shall be construed to
require charter schools to collect any data described in subsection
(a).
``SEC. 4206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
``(a) In General.--For purposes of the allocation to schools by the
States or their agencies of funds under part A of title I, and any
other Federal funds which the Secretary allocates to States on a
formula basis, the Secretary and each State educational agency shall
take such measures as are necessary to ensure that every charter school
receives the Federal funding for which the charter school is eligible
not later than 5 months after the charter school first opens,
notwithstanding the fact that the identity and characteristics of the
students enrolling in that charter school are not fully and completely
determined until that charter school actually opens. The measures
similarly shall ensure that every charter school expanding its
enrollment in any subsequent year of operation receives the Federal
funding for which the charter school is eligible not later than 5
months after such expansion.
``(b) Adjustment and Late Openings.--
``(1) In general.--The measures described in subsection (a)
shall include provision for appropriate adjustments, through
recovery of funds or reduction of payments for the succeeding
year, in cases where payments made to a charter school on the
basis of estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the basis of
actual or final enrollment data.
``(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in accordance with
guidance provided by the Secretary and applicable Federal
statutes and regulations, shall ensure that such charter
schools that are eligible for the funds described in subsection
(a) for such academic year have a full and fair opportunity to
receive those funds during the charter schools' first year of
operation.
``SEC. 4207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
``To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly involved in
the operation of charter schools are consulted in the development of
any rules or regulations required to implement this part, as well as in
the development of any rules or regulations relevant to charter schools
that are required to implement part A of title I, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), or any other
program administered by the Secretary that provides education funds to
charter schools or regulates the activities of charter schools.
``SEC. 4208. RECORDS TRANSFER.
``State educational agencies and local educational agencies, to the
extent practicable, shall ensure that a student's records and, if
applicable, a student's individualized education program as defined in
section 602(11) of the Individuals with Disabilities Education Act (20
U.S.C. 1401(11)), are transferred to a charter school upon the transfer
of the student to the charter school, to another public school upon the
transfer of the student from a charter school to another public school,
and to a private school upon the transfer of the student from a charter
or public school to the private school (with the written consent of a
parent of the student), in accordance with applicable State law.
``SEC. 4209. PAPERWORK REDUCTION.
``To the extent practicable, the Secretary and each authorized public
chartering agency shall ensure that implementation of this part results
in a minimum of paperwork for any eligible applicant or charter school.
``SEC. 4210. DEFINITIONS.
``As used in this part:
``(1) The term `charter school' means a public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is
exempted from significant State or local rules that
inhibit the flexible operation and management of public
schools, but not from any rules relating to the other
requirements of this paragraph;
``(B) is created by a developer as a public school,
or is adapted by a developer from an existing public
school, and is operated under public supervision and
direction;
``(C) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by the authorized public
chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions
policies, employment practices, and all other
operations, and is not affiliated with a sectarian
school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of
1975, title VI of the Civil Rights Act of 1964, title
IX of the Education Amendments of 1972, section 504 of
the Rehabilitation Act of 1973, and part B of the
Individuals with Disabilities Education Act;
``(H) is a school to which parents choose to send
their children, and that admits students on the basis
of a lottery, or in another nondiscriminatory manner
consistent with State law, if more students apply for
admission than can be accommodated;
``(I) agrees to comply with the same Federal and
State audit requirements as do other elementary and
secondary schools in the State, unless such
requirements are specifically waived for the purpose of
this program;
``(J) meets all applicable Federal, State, and local
health and safety requirements;
``(K) operates in accordance with State law; and
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student academic
achievement will be measured in charter schools
pursuant to State academic assessments that are
required of other schools and pursuant to any other
assessments mutually agreeable to the authorized public
chartering agency and the charter school.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means a developer that
has--
``(A) applied to an authorized public chartering
authority; and
``(B) provided adequate and timely notice to that
authority under section 4203(d)(3).
``(4) The term `authorized public chartering agency' means a
State educational agency, local educational agency, or other
public entity that has the authority pursuant to State law and
approved by the Secretary to authorize or approve a charter
school.
``SEC. 4211. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized to
be appropriated $225,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 4 succeeding fiscal years.''.
SEC. 412. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any person or agency
that was awarded a grant or subgrant under subpart 1 of part C of title
X (20 U.S.C. 8061 et seq.) prior to the date of the enactment of this
Act shall continue to receive funds in accordance with the terms of
such award until the date on which the award period terminates under
such terms.
PART C--MAGNET SCHOOLS ASSISTANCE; WOMEN'S EDUCATIONAL EQUITY
SEC. 421. MAGNET SCHOOLS ASSISTANCE.
Title IV, as amended by sections 401 and 411, is further amended by
adding at the end the following:
``PART C--MAGNET SCHOOLS ASSISTANCE; WOMEN'S EDUCATIONAL EQUITY
``Subpart 1--Magnet Schools Assistance
``SEC. 4301. FINDINGS.
``The Congress finds as follows:
``(1) Magnet schools are a significant part of the Nation's
efforts to achieve voluntary desegregation in our schools.
``(2) The use of magnet schools has increased dramatically
since the inception of the magnet schools assistance program
under this Act, with approximately 2,000,000 students
nationwide attending such schools, of whom more than 65 percent
are non-white.
``(3) Magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts.
``(4) It is in the best interests of the United States--
``(A) to continue the Federal Government's support of
local educational agencies that are implementing court-
ordered desegregation plans and local educational
agencies that are voluntarily seeking to foster
meaningful interaction among students of different
racial and ethnic backgrounds, beginning at the
earliest stage of such students' education;
``(B) to ensure that all students have equitable
access to a quality education that will prepare them to
function well in a highly competitive economy;
``(C) to maximize the ability of local educational
agencies to plan, develop, implement, and continue
effective and innovative magnet schools that contribute
to State and local systemic reform; and
``(D) to ensure that grant recipients provide
adequate data that demonstrate an ability to improve
student academic achievement.
``SEC. 4302. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the desegregation of
schools served by local educational agencies by providing financial
assistance to eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State academic content
standards and student academic achievement standards;
``(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary and secondary schools and
educational programs; and
``(4) courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects and
the grasp of tangible and marketable vocational and technical
skills of students attending such schools.
``SEC. 4303. PROGRAM AUTHORIZED.
``The Secretary, in accordance with this part, is authorized to make
grants to eligible local educational agencies, and consortia of such
agencies where appropriate, to carry out the purpose of this part for
magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 4304. DEFINITION.
``For the purpose of this part, the term `magnet school' means a
public elementary or secondary school or public elementary or secondary
education center that offers a special curriculum capable of attracting
substantial numbers of students of different racial backgrounds.
``SEC. 4305. ELIGIBILITY.
``A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive assistance under this part to carry
out the purpose of this part if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary and
secondary schools of such agency; or
``(2) without having been required to do so, has adopted and
is implementing, or will, if assistance is made available to
such local educational agency or consortium of such agencies
under this part, adopt and implement a plan that has been
approved by the Secretary as adequate under title VI of the
Civil Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
``SEC. 4306. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive assistance under this
part shall submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the Secretary
may reasonably require.
``(b) Information and Assurances.--Each such application shall
include--
``(1) a description of--
``(A) how assistance made available under this part
will be used to promote desegregation, including how
the proposed magnet school project will increase
interaction among students of different social,
economic, ethnic, and racial backgrounds;
``(B) the manner and extent to which the magnet
school project will increase student academic
achievement in the instructional area or areas offered
by the school;
``(C) how an applicant will continue the magnet
school project after assistance under this part is no
longer available, including, if applicable, an
explanation of why magnet schools established or
supported by the applicant with funds under this part
cannot be continued without the use of funds under this
part;
``(D) how funds under this part will be used to
improve student academic performance for all students
attending the magnet schools; and
``(E) the criteria to be used in selecting students
to attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purpose
specified in section 4302;
``(B) employ fully qualified teachers in the courses
of instruction assisted under this part;
``(C) not engage in discrimination based on race,
religion, color, national origin, sex, or disability
in--
``(i) the hiring, promotion, or assignment of
employees of the agency or other personnel for
whom the agency has any administrative
responsibility;
``(ii) the assignment of students to schools,
or to courses of instruction within the school,
of such agency, except to carry out the
approved plan; and
``(iii) designing or operating
extracurricular activities for students;
``(D) carry out a high-quality education program that
will encourage greater parental decisionmaking and
involvement; and
``(E) give students residing in the local attendance
area of the proposed magnet school projects equitable
consideration for placement in those projects.
``SEC. 4307. PRIORITY.
``In approving applications under this part, the Secretary shall give
priority to applicants that--
``(1) demonstrate the greatest need for assistance, based on
the expense or difficulty of effectively carrying out an
approved desegregation plan and the projects for which
assistance is sought;
``(2) propose to carry out new magnet school projects, or
significantly revise existing magnet school projects; and
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination.
``SEC. 4308. USE OF FUNDS.
``(a) In General.--Grant funds made available under this part may be
used by an eligible local educational agency or consortium of such
agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at magnet
schools;
``(2) for the acquisition of books, materials, and equipment,
including computers and the maintenance and operation thereof,
necessary for the conduct of programs in magnet schools;
``(3) for the payment, or subsidization of the compensation,
of elementary and secondary school teachers who are fully
qualified, and instructional staff where applicable, who are
necessary for the conduct of programs in magnet schools;
``(4) with respect to a magnet school program offered to less
than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special
curriculum that is offered by the magnet school project
to students who are enrolled in the school but who are
not enrolled in the magnet school program; and
``(B) further the purpose of this part; and
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has ended.
``(b) Special Rule.--Grant funds under this part may be used in
accordance with paragraphs (2) and (3) of subsection (a) only if the
activities described in such paragraphs are directly related to
improving the students' academic performance based on the State's
challenging academic content standards and student academic achievement
standards or directly related to improving the students' reading skills
or knowledge of mathematics, science, history, geography, English,
foreign languages, art, or music, or to improving vocational and
technical skills.
``SEC. 4309. PROHIBITIONS.
``(a) Transportation.--Grants under this part may not be used for
transportation or any activity that does not augment academic
improvement.
``(b) Planning.--A local educational agency shall not expend funds
under this part after the third year that such agency receives funds
under this part for such project.
``SEC. 4310. LIMITATIONS.
``(a) Duration of Awards.--A grant under this part shall be awarded
for a period that shall not exceed three fiscal years.
``(b) Limitation on Planning Funds.--A local educational agency may
expend for planning not more than 50 percent of the funds received
under this part for the first year of the project, 15 percent of such
funds for the second such year, and 10 percent of such funds for the
third such year.
``(c) Amount.--No local educational agency or consortium awarded a
grant under this part shall receive more than $4,000,000 under this
part in any one fiscal year.
``(d) Timing.--To the extent practicable, the Secretary shall award
grants for any fiscal year under this part not later than July 1 of the
applicable fiscal year.
``SEC. 4311. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than 2 percent
of the funds appropriated under section 4312(a) for any fiscal year to
carry out evaluations, technical assistance, and dissemination projects
with respect to magnet school projects and programs assisted under this
part.
``(b) Contents.--Each evaluation described in subsection (a), at a
minimum, shall address--
``(1) how and the extent to which magnet school programs lead
to educational quality and improvement;
``(2) the extent to which magnet school programs enhance
student access to quality education;
``(3) the extent to which magnet school programs lead to the
elimination, reduction, or prevention of minority group
isolation in elementary and secondary schools with substantial
proportions of minority students; and
``(4) the extent to which magnet school programs differ from
other school programs in terms of the organizational
characteristics and resource allocations of such magnet school
programs.
``SEC. 4312. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this part,
there are authorized to be appropriated $125,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(b) Availability of Funds for Grants to Agencies Not Previously
Assisted.--In any fiscal year for which the amount appropriated
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall
give priority to using such amounts in excess of $75,000,000 to award
grants to local educational agencies or consortia of such agencies that
did not receive a grant under this part in the preceding fiscal
year.''.
SEC. 422. WOMEN'S EDUCATIONAL EQUITY.
(a) Transfer and Redesignation.--Part B of title V (20 U.S.C. 7231 et
seq.) is transferred and redesignated as subpart 2 of part C of title
IV. Sections 5201 through 5208 are redesignated as sections 4321
through 4328, respectively.
(b) Report.--Section 4326 (as so redesignated) is amended by striking
``January 1, 1999,'' and inserting ``January 1, 2005,''.
(c) Evaluation and Dissemination.--Section 4327(a) (as so
redesignated) is amended--
(1) by striking ``14701,'' and inserting ``8651,''; and
(2) by striking ``January 1, 1998.'' and inserting ``January
1, 2004.''.
(d) Reauthorization.--Section 4328 (as so redesignated) is amended by
striking ``$5,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years,'' and inserting
``$3,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the four succeeding fiscal years,''.
(e) Other Conforming Amendments.--
(1) Short title.--Section 4321(a) (as so redesignated) is
amended to read as follows:
``(a) Short Title.--This subpart may be cited as the `Women's
Educational Equity Act of 2001'.''.
(2) References.--Subpart 2 of part C of title IV (as so
redesignated) is amended--
(A) by striking ``this part'' each place such term
appears and inserting ``this subpart''; and
(B) by striking ``5203(b)'' each place such term
appears and inserting ``4423(b)''.
SEC. 423. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any person or agency
that was awarded a grant under part A of title V (20 U.S.C. 7201 et
seq.), or a grant, contract, or cooperative agreement under part B of
such title (20 U.S.C. 7231 et seq.), prior to the date of the enactment
of this Act shall continue to receive funds in accordance with the
terms of such award until the date on which the award period terminates
under such terms.
TITLE V--21ST CENTURY SCHOOLS
SEC. 501. SAFE SCHOOLS.
Title V, except part B (which is transferred and redesignated as
subpart 2 of part C of title IV by section 422(a) of this Act) is
amended to read as follows:
``TITLE V--21ST CENTURY SCHOOLS
``PART A--SUPPORTING VIOLENCE AND DRUG PREVENTION AND ACADEMIC
ENRICHMENT
``SEC. 5001. SHORT TITLE.
``This part may be cited as the `21st Century Schools Act of 2001'.
``SEC. 5002. PURPOSE.
``The purpose of this part is to support programs that prevent the
use of illegal drugs, prevent violence, provide quality before and
after school activities and supervision for school age youth, involve
parents and communities, and are coordinated with related Federal,
State, and community efforts and resources to foster a safe and drug-
free learning environment in which students increase their academic
achievement, through the provision of Federal assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs of drug and violence prevention in elementary
and secondary schools;
``(2) States for grants to local educational agencies,
community-based organizations, and other public entities and
private organizations, for before and after school programs for
youth; and
``(3) States and public and private nonprofit and for-profit
organizations to conduct training, demonstrations, and
evaluations.
``SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) $475,000,000 for fiscal year 2002, and such sums as may
be necessary for each of the 4 succeeding fiscal years, for
State grants under subpart 1;
``(2) $900,000,000 for fiscal year 2002, and such sums as may
be necessary for each of the four succeeding fiscal years, for
State grants under subpart 2; and
``(3) $60,000,000 for fiscal year 2002, and for each of the 4
succeeding fiscal years, for national programs under subpart 3.
``Subpart 1--Safe Schools
``SEC. 5111. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under section
5003(1) to carry out this subpart for each fiscal year, the Secretary--
``(1) shall reserve 1 percent or $4,750,000 (whichever is
greater) of such amount for grants to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, to be allotted in accordance with the
Secretary's determination of their respective needs and to
carry out programs described in this subpart;
``(2) shall reserve 1 percent or $4,750,000 (whichever is
greater) of such amount for the Secretary of the Interior to
carry out programs described in this subpart for Indian youth;
``(3) shall reserve 0.2 percent of such amount for Native
Hawaiians to be used to carry out programs described in this
subpart;
``(4) notwithstanding section 3 of the Leave No Child Behind
Act of 2001, shall reserve an amount necessary to make
continuation grants to grantees under part I of title X of this
Act (under the terms of those grants), as such part existed on
the day before the effective date of the Leave No Child Behind
Act of 2001; and
``(5) notwithstanding section 3 of the Leave No Child Behind
Act of 2001, shall reserve an amount necessary to make
continuation grants to grantees under the Safe Schools/Healthy
Students initiative (under the terms of those grants), as it
existed on the day before the date of the effective date of the
Leave No Child Behind Act of 2001.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary, for each fiscal year, shall allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
``(B) one-half of such remainder according to the
ratio between the amount each State received under part
A of title I for the preceding year and the sum of such
amounts received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(c) Reallotment of Unused Funds.--If any State does not apply for
an allotment under this subpart for a fiscal year, the Secretary shall
reallot the amount of the State's allotment to the remaining States in
accordance with this section.
``(d) Definition.--For the purposes of this section, the term `Native
Hawaiian' means any individual any of whose ancestors were natives,
prior to 1778, of the area which now comprises the State of Hawaii.
``SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE SCHOOLS.
``(a) State Reservation for the Governor.--
``(1) In general.--The chief executive officer of a State may
reserve not more than 20 percent of the total amount allocated
to a State under section 5111(b) for each fiscal year to award
competitive grants and contracts to local educational agencies,
community-based organizations, and other public entities and
private organizations for programs or activities to support
community efforts that complement activities of local
educational agencies described in section 5115. Such officer
shall award grants based on--
``(A) the quality of the activity or program
proposed; and
``(B) how the program or activity is aligned with the
appropriate principles of effectiveness described in
section 5114(a).
``(2) Special consideration.--In awarding funds under
subparagraph (A), a chief executive officer shall give special
consideration to grantees that pursue a comprehensive approach
to drug and violence prevention by providing and incorporating
mental health services in their programs.
``(3) Administrative costs.--The chief executive officer of a
State may use not more than 1 percent of the amount described
in subparagraph (A) for the administrative costs incurred in
carrying out the duties of such officer under this section.
``(b) State Funds.--
``(1) Additional reservations.--Each State shall reserve an
amount equal to the total amount allotted to a State under
section 5111(b), less the amount reserved under subsection (a)
and paragraphs (2) and (3) of this subsection, for each fiscal
year for its local educational agencies.
``(2) State activities.--A State may use not more than 4
percent of the total amount available under subsection (a) for
State activities described in subsection (c).
``(3) State administration.--A State may use not more than 1
percent of the amount made available under subsection (a) for
the administrative costs of carrying out its responsibilities
under this subpart.
``(c) Activities.--
``(1) In general.--A State shall use a portion of the funds
described in subsection (b)(2), either directly, or through
grants and contracts, to plan, develop, and implement capacity
building, technical assistance, evaluation, program improvement
services, and coordination activities for local educational
agencies, community-based organizations, other public entities,
and private organizations that are designed to support the
implementation of programs and activities under this subpart.
``(2) Data collection.--
``(A) Statistics.--A State may use a portion of the
funds, not to exceed 20 percent, described in
subsection (b)(2), either directly or through grants
and contracts, to establish and implement a statewide
system of collecting data regarding statistics on--
``(i) truancy rates; and
``(ii) the frequency, seriousness, and
incidence of violence and drug related offenses
resulting in suspensions and expulsion in
elementary and secondary schools in States.
``(B) Compilation of statistics.--The statistics
shall be compiled in accordance with definitions as
determined in the State criminal code, but shall not
identify victims of crimes or persons accused of
crimes. The collected data shall include, incident
reports by school officials, anonymous student surveys,
and anonymous teacher surveys.
``(C) Reporting.--Such data and statistics shall be
reported to the public and shall be reported on a
school-by-school basis.
``(D) Limitation.--Nothing in this subsection shall
be construed to authorize the Secretary to require
particular policies, procedures, or practices with
respect to crimes on school property or school
security.
``(3) Safe schools.--The State shall establish and implement
a statewide policy requiring that students attending
persistently dangerous public elementary and secondary schools,
as determined by the State, or who become a victim of a violent
criminal offense, as defined by State law, while in or on the
grounds of a public elementary school or secondary school that
the student attends, be allowed to attend a safe public
elementary or secondary school, within the local educational
agency, including a public charter school and allowing payment
of reasonable transportation costs and tuition costs for such
students.
``SEC. 5113. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
5111 for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) describes the activities to be funded under section
5112(c);
``(2) describes how activities funded under this subpart will
support State academic achievement standards in accordance with
section 1111;
``(3) describes how funds under this subpart will be
coordinated with programs under this Act, and other programs,
as appropriate, in accordance with the provisions of section
8306;
``(4) provides an assurance that the application was
developed in consultation and coordination with appropriate
State officials and others, including the chief executive
officer, the chief State school officer, the head of the State
alcohol and drug abuse agency, the heads of the State health
and mental health agencies, the head of the State criminal
justice planning agency, the head of the State child welfare
agency, the head of the State board of education, or their
designees, and representatives of parents, students, and
community-based organizations;
``(5) provides an assurance that the State will cooperate
with, and assist, the Secretary in conducting data collection
as required by section 5116(a);
``(6) provides an assurance that the local educational
agencies in the State will comply with the provisions of
section 8503 pertaining to the participation of private school
children and teachers in the programs and activities under this
subpart;
``(7) provides an assurance that funds under this subpart
will be used to increase the level of State, local, and other
non-Federal funds that would, in the absence of funds under
this subpart, be made available for programs and activities
authorized under this subpart, and in no case supplant such
State, local, and other non-Federal funds;
``(8) describes the results of the State's needs and
resources assessment for violence and illegal drug use
prevention which shall be based on the results of on-going
evaluation (which may include data on the incidence and
prevalence, age of onset, perception of health risk and
perception of social disapproval of violence and illegal drug
use by youth in schools and communities and the prevalence of
risk and protective factors or other scientifically based
research variables in the school and community);
``(9)(A) provides a statement of the State's performance
measures for drug and violence prevention programs and
activities to be funded under this part that shall be developed
in consultation between the State and local officials and that
consist of--
``(i) performance indicators for drug and violence
prevention programs and activities; and
``(ii) levels of performance for each performance
indicator;
``(B) a description of the procedures the State will use for
assessing and publicly reporting progress toward meeting those
performance measures; and
``(C) a plan for monitoring the implementation of, and
providing technical assistance regarding, the activities and
programs conducted by local educational agencies, community-
based organizations, other public entities, and private
organizations under this subpart;
``(10) provides an assurance that the State will consult with
a representative sample of local educational agencies in the
development of the definition of `persistently dangerous
school' for the purposes of section 5112(c)(3);
``(11) provides a description of how the State defines
`persistently dangerous school' for the purposes of section
5112(c)(3); and
``(12) provides an assurance that the State application will
be available for public review after submission of the
application.
``(b) General Approval.--A State application submitted pursuant to
subsection (a) shall be deemed to be approved by the Secretary unless
the Secretary makes a written determination, prior to the expiration of
the 90-day period beginning on the date that the Secretary receives the
application, that the application is in violation of this subpart.
``(c) Disapproval.--The Secretary shall not finally disapprove a
State application, except after giving the State notice and opportunity
for a hearing.
``SEC. 5114. FORMULA GRANT PROGRAM.
``(a) In General.--
``(1) Funds to local educational agencies.--A State shall
provide the amount made available to the State under this
subpart, less the amounts reserved under sections 5111 and 5112
to local educational agencies for drug and violence prevention
and education as follows:
``(A) 60 percent of such amount based on the relative
amount such agencies received under part A of title I
for the preceding fiscal year.
``(B) 40 percent of such amount to local educational
agencies based on the relative enrollments in public
and private nonprofit elementary and secondary schools
within the boundaries of such agencies.
``(2) Administrative costs.--Of the amount received under
paragraph (1), a local educational agency may use not more than
1 percent for the administrative costs of carrying out its
responsibilities under this subpart.
``(3) Return of funds to state; reallocation.--
``(A) Return.--Except as provided in subparagraph
(B), upon the expiration of the 1-year period beginning
on the date that a local educational agency receives
its allocation--
``(i) such agency shall return to the State
any funds from such allocation that remain
unobligated; and
``(ii) the State shall reallocate any such
amount to local educational agencies that have
submitted plans for using such amount for
programs or activities on a timely basis.
``(B) Carryover.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
``(i) an amount equal to not more than 25
percent of the allocation it received under
this subpart for such fiscal year; or
``(ii) upon a demonstration of good cause by
such agency and approval by the State, an
amount that exceeds 25 percent of such
allocation.
``(b) Eligibility.--To be eligible to receive a subgrant under this
subpart, a local educational agency desiring a subgrant shall submit an
application to the State. Such an application shall be amended, as
necessary, to reflect changes in the activities and programs of the
local educational agency.
``(c) Development.--
``(1) Consultation.--
``(A) In general.--A local educational agency shall
develop its application through timely and meaningful
consultation with State and local government
representatives, representatives of schools to be
served, school personnel, and community organizations
with relevant and demonstrated expertise in drug and
violence prevention activities, students and parents.
``(B) Continued consultation.--On an ongoing basis,
the local educational agency shall consult with such
representatives and organizations in order to seek
advice regarding how best to coordinate such agency's
activities under this subpart with other related
strategies, programs, and activities being conducted in
the community.
``(2) Design and development.--To ensure timely and
meaningful consultation, a local educational agency at the
initial stages of design and development of a program or
activity shall consult, in accordance with this subsection,
with appropriate entities and persons on issues regarding the
design and development of the program or activity, including
efforts to meet the principles of effectiveness described in
section 5115(a).
``(d) Contents of Applications.--
``(1) In general.--An application submitted by a local
educational agency under this section shall contain--
``(A) an assurance that the activities or programs to
be funded support State academic achievement goals in
accordance with section 1111;
``(B) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence
prevention, which shall include a description of--
``(i) how the plan will be coordinated with
programs under this Act, other Federal, State,
and local programs for drug and violence
prevention, in accordance with the provisions
of section 8306;
``(ii) the local educational agency's
performance measures for drug and violence
prevention programs and activities, that shall
consist of--
``(I) performance indicators for drug
and violence prevention programs and
activities; and
``(II) levels of performance for each
performance indicator;
``(iii) how such agency will assess and
publicly report progress toward attaining its
performance measures;
``(iv) the drug and violence prevention
activity or program to be funded, including how
the activity or program will meet the
principles of effectiveness described in
section 5115(a), and the means of evaluating
such activity or program; and
``(v) how the services will be targeted to
schools and students with the greatest need;
``(C) a certification that a meaningful assessment
has been conducted to determine community needs
(including consultation with community leaders,
businesses, and school officials), available resources
and capacity in the public and private sector (which
may include an analysis based on data reasonably
available at the time on the incidence and prevalence,
age of onset, perception of health risk, and perception
of social disapproval of drug use and violence by youth
in schools and communities, prevalence of risk and
protective factors, buffers or assets, or other
scientifically based research variables in the school
and community), the findings of such assessments;
``(D) an assurance that funds under this subpart will
be used to increase the level of State, local, and
other non-Federal funds that would, in the absence of
funds under this subpart, be made available for
programs and activities authorized under this subpart,
and in no case supplant such State, local, and other
non-Federal funds;
``(E) a description of the mechanisms used to provide
effective notice to the community of an intention to
submit an application under this title;
``(F) an assurance that drug prevention programs
supported under this part convey a clear and consistent
message that the illegal use of drugs is wrong and
harmful;
``(G) an assurance that the local educational agency
has established and implemented a student code of
conduct policy that clearly states responsibilities of
students, teachers, and administrators in maintaining a
classroom environment that allows a teacher to
communicate effectively with all students in the class,
that allows all students in the class to learn, has
consequences that are fair and appropriate for
violations, and is enforced equitably;
``(H) an assurance that the application and any
waiver request will be available for public review
after submission of the application; and
``(I) such other information and assurances as the
State may reasonably require.
``(2) General approval.--A local educational agency's
application submitted to the State under this subpart shall be
deemed to be approved by the State unless the State makes a
written determination, prior to the expiration of the 90-day
period beginning on the date that the State receives the
application, that the application is in violation of this
subpart.
``(3) Disapproval.--The State shall not finally disapprove a
local educational agency application, except after giving such
agency notice and an opportunity for a hearing.
``SEC. 5115. AUTHORIZED ACTIVITIES.
``(a) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the incidence of violence and illegal drug
use in the elementary and secondary schools and
communities to be served, including an objective
analysis of the current conditions and consequences
regarding violence and illegal drug use, including
delinquency and serious discipline problems, among
students who attend such schools (including private
school students who participate in the drug and
violence prevention program) that is based on ongoing
local assessment or evaluation activities;
``(B) be based upon an established set of performance
measures aimed at ensuring that the elementary and
secondary schools and communities to be served by the
program have a drug-free, safe, and orderly learning
environment; and
``(C) be based upon scientifically based research
that provides evidence that the program to be used will
reduce violence and illegal drug use.
``(2) Periodic evaluation.--The program or activity shall
undergo a periodic evaluation to assess its progress toward
reducing violence and illegal drug use in schools to be served
based on performance measures described in section
5114(d)(1)(B)(ii) The results shall be used to refine, improve,
and strengthen the program, and to refine the performance
measures. The results shall also be made available to the
public upon request, with public notice of such availability
provided.
``(3) Waiver.--A local educational agency may apply to the
State for a waiver of the requirement of paragraph (1)(C) to
allow innovative activities or programs that demonstrate
substantial likelihood of success.
``(b) Local Educational Agency Activities.--
``(1) Program requirements.--A local educational agency shall
use funds made available under section 5114 to develop,
implement, and evaluate comprehensive programs and activities,
which are coordinated with other school and community-based
services and programs, that shall--
``(A) support State academic achievement goals in
accordance with section 1111;
``(B) be consistent with the principles of
effectiveness described in subsection (a);
``(C) be designed to--
``(i) prevent or reduce violence and illegal
drug use, delinquency, serious discipline
problems, and poor academic achievement and
illegal drug use; and
``(ii) create a well disciplined environment
conducive to learning, which includes
consultation between teachers, principals, and
other school personnel to identify early
warning signs of drug use and violence and to
provide behavioral interventions as part of
classroom management efforts; and
``(D) include activities to promote the involvement
of parents in the activity or program, to promote
coordination with community groups and coalitions, and
government agencies, and to distribute information
about the local educational agency's needs, goals, and
programs under this subpart.
``(2) Authorized activities.--Each local educational agency
or consortium of such agencies, that receives a subgrant under
this subpart may use such funds to carry out activities, such
as--
``(A) developmentally appropriate drug and violence
prevention programs in both elementary and secondary
schools that incorporate a variety of prevention
strategies and activities, which may include--
``(i) teaching students that most people do
not use illegal drugs;
``(ii) teaching students to recognize social
and peer pressure to use illegal drugs and the
skills for resisting illegal drug use;
``(iii) teaching students about the dangers
of emerging drugs;
``(iv) engaging students in the learning
process;
``(v) incorporating activities in secondary
schools that reinforce prevention activities
implemented in elementary schools; and
``(vi) involving families and communities in
setting clear expectations against violence and
illegal drug use and enforcing appropriate
consequences for violence and illegal drug use;
``(B) training of school personnel and parents in
youth drug and violence prevention, including training
in early identification, intervention, and prevention
of threatening behavior;
``(C) community-wide strategies for reducing violence
and illegal drug use, and illegal gang activity;
``(D) to the extent that expenditures do not exceed
20 percent of the amount made available to a local
educational agency under this subpart, law enforcement
and security activities, including--
``(i) acquisition and installation of metal
detectors;
``(ii) hiring and training of security
personnel, that are related to youth drug and
violence prevention;
``(iii) reporting of criminal offenses on
school property; and
``(iv) development of comprehensive school
security assessments;
``(E) expanding and improving school-based mental
health services, including early identification of
violence and illegal drug use, assessment, and direct
individual or group counseling services provided to
students, parents, and school personnel by qualified
school based mental health services personnel;
``(F) establishing and maintaining peer mediation
programs that include educating and training peer
mediators and a designated faculty supervisor and
purchasing necessary materials to facilitate training
and the mediation process;
``(G) alternative education programs or services that
reduce the need for suspensions or expulsions or
programs or services for students who have been
expelled or suspended from the regular educational
settings, including programs or services to assist
students to reenter the regular education setting upon
return from treatment or alternative education
programs;
``(H) counseling, mentoring, and referral services,
and other student assistance practices and programs,
including assistance provided by qualified school based
mental health services personnel and the training of
teachers by school-based mental health service
providers in appropriate identification and
intervention techniques for students, at risk of
violent behavior and drug use;
``(I) activities that reduce truancy;
``(J) age appropriate, developmentally based violence
prevention and education programs that address the
legal, health, personal, and social consequences of
illegal drug use and violent and disruptive behavior
and that include activities designed to help students
develop a sense of individual responsibility and
respect for the rights of others, and to resolve
conflicts without violence;
``(K) providing guidance to students that encourages
students to seek advice for anxiety, threats of
violence, or actual violence and to confide in a
trusted adult regarding an uncomfortable or threatening
situation;
``(L) the development of educational programs that
prevent school based crime, including preventing crimes
motivated by hate that result in acts of physical
violence at school and any programs or published
materials that address school based crime shall not
recommend or require any action that abridges or
infringes upon the constitutionally protected rights of
free speech, religion, and equal protection of
students, their parents, or legal guardians;
``(M) testing students for illegal drug use or
conducting student locker searches for illegal drugs or
drug paraphernalia consistent with the 4th amendment to
the Constitution;
``(N) emergency intervention services following
traumatic crisis events, such as a shooting, major
accident, or a drug-related incident, that has
disrupted the learning environment;
``(O) establishing and implementing a system for
transferring suspension and expulsion records by a
local educational agency to any public or private
elementary or secondary school;
``(P) allowing students attending a persistently
dangerous public elementary or secondary school, as
determined by the State, or who become a victim of a
violent criminal offense, as defined by State law,
while in or on the grounds of a public elementary
school or secondary school that the student attends, to
attend a safe public elementary or secondary school,
within the local educational agency, including a public
charter school, and allowing payment of reasonable
transportation costs and tuition costs for such
students;
``(Q) the development and implementation of character
education and training programs that reflect values,
that take into account the views of parents or
guardians of the student for whom the program is
intended, which may include honesty, citizenship,
courage, justice, respect, personal responsibility, and
trustworthiness;
``(R) establishing and maintaining a school violence
hotline;
``(S) activities to ensure students' safe travel to
and from school, including pedestrian and bicycle
safety education; and
``(T) the evaluation of any of the activities
authorized under this subsection and the collection of
any data required by this part.
``SEC. 5116. EVALUATION AND REPORTING.
``(a) Data Collection.--
``(1) In general.--The National Center for Education
Statistics shall report, and when appropriate, collect data to
determine the frequency, seriousness, and incidence of illegal
drug use and violence by youth in schools and communities in
the States, using if appropriate, data submitted by the States
pursuant to subsection (b).
``(2) Report.--The Secretary shall submit to the Congress a
report on the data collected under this subsection.
``(b) State Report.--
``(1) In general.--Not later than October 1, 2004, and every
third year thereafter, the chief executive officer of a State,
in consultation with the State educational agency, shall submit
to the Secretary a report on the implementation and
effectiveness of State and local programs under this subpart.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) based on the State's ongoing evaluation
activities, and shall include data on the prevalence of
violence and illegal drug use by youth in schools and
communities; and
``(B) made available to the public upon request, with
public notice of such availability provided.
``(c) Local Educational Agency Report.--Each local educational agency
receiving funds under this subpart shall submit to the State such
information, and at such intervals as the State reasonably requires to
complete the State report required by subsection (b), information on
the prevalence of violence and illegal drug use by youth in the schools
and the community and the progress of the local educational agency
toward meeting its performance measures. The report shall be made
available to the public upon request, with public notice of such
availability provided.
``Subpart 2--21st Century Schools
``SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY SCHOOLS.
``(a) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), from
the amount made available under section 5003(2) to carry out
this subpart for each fiscal year, the Secretary shall allocate
among the States--
``(A) one-half of such amount according to the ratio
between the school-aged population of each State and
the school-aged population of all the States; and
``(B) one-half of such amount according to the ratio
between the amount each State received under part A of
title I for the preceding year and the sum of such
amounts received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(b) Reallotment of Unused Funds.--If any State does not apply for
an allotment under this subpart for a fiscal year, the Secretary shall
reallot the amount of the State's allotment to the remaining States in
accordance with this section.
``(c) State Funds.--
``(1) In general.--Each State that receives a grant under
this subpart shall reserve an amount equal to the amount
allotted to such State under subsection (a), less the amount
reserved under paragraphs (2) and (3) of this subsection, for
each fiscal year for its local educational agencies.
``(2) State administration.--A State may use not more than 1
percent of the amount made available under subsection (a) for
the administrative costs of carrying out its responsibilities
under this subpart.
``(3) State activities.--A State may use not more than 4
percent of the amount made available under subsection (a) for
the following activities:
``(A) Monitoring and evaluation of programs and
activities assisted under this subpart.
``(B) Providing capacity building, training, and
technical assistance under this subpart.
``SEC. 5122. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
5121(a) for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this subpart;
``(2) describes the competitive procedures and criteria the
State will use to ensure that grants under this subpart will
support quality extended learning opportunities;
``(3) an assurance that the program will primarily target
schools eligible for schoolwide programs under section 1114;
``(4) describes the steps the State will take to ensure that
programs implement effective strategies, including providing
ongoing technical assistance and training, evaluation, and
dissemination of promising practices;
``(5) describe how activities funded under this subpart will
support State academic achievement goals in accordance with
section 1111;
``(6) describe how funds under this subpart will be
coordinated with programs under this Act, and other programs;
as appropriate, in accordance with the provisions of section
8306;
``(7) provides an assurance that funds under this subpart
will be used to increase the level of State, local, and other
non-Federal funds that would, in the absence of funds under
this subpart, be made available for programs and activities
authorized under this subpart; and in no case supplant such
State, local, and other non-Federal funds:
``(8) provides an assurance that the application was
developed in consultation and coordination with appropriate
State officials, including the chief State school officer, the
heads of the State health and mental health agencies or their
designees, representatives of teachers, parents, students, the
business community, and community-based organizations,
including religious organizations;
``(9) describes the results of the State's needs and
resources assessment for before and after school activities,
which shall be based on the results of on-going State
evaluation activities;
``(10) describes how the State will evaluate the
effectiveness of programs and activities carried out under this
subpart which shall include at a minimum--
``(A) a description of the performance indicators and
performance measures that will be used to evaluate
programs and activities; and
``(B) public dissemination of the evaluations of
programs and activities carried out under this subpart;
and
``(11) provides for timely public notice of intent to file
application and an assurance that the application will be
available for public review after submission of the
application.
``(b) General Approval.--A State application submitted pursuant to
subsection (a) shall be deemed to be approved by the Secretary unless
the Secretary makes a written determination, prior to the expiration of
the 90-day period beginning on the date that the Secretary receives the
application, that the application is in violation of this subpart.
``(c) Disapproval.--The Secretary shall not finally disapprove a
State application, except after giving the State notice and opportunity
for a hearing.
``SEC. 5123. COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives funds under this subpart
shall provide the amount made available under section 5121 to eligible
entities for 21st century community learning programs in accordance
with this subpart.
``(b) Eligibility.--
``(1) In general.--To be eligible to receive a subgrant under
this subpart, an eligible entity desiring a subgrant shall
submit an application to the State that contains--
``(A) a description of the before and after school
activity to be funded including--
``(i) an assurance that the program will take
place in a safe and easily accessible facility;
``(ii) a description of how students
participating in the center will travel safely
to and from the community learning center and
back home; and
``(iii) a description of how the eligible
applicant will disseminate information about
the project (including its location) to the
community in a manner that is understandable
and accessible.
``(B) a description of how the activity is expected
to improve student academic performance;
``(C) a description of how the activity will meet the
principles of effectiveness described in section 5124;
``(D) an assurance that the program will primarily
target students who attend schools eligible for
schoolwide programs under section 1114;
``(E) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made available
for programs and activities authorized under this
subpart; and in no case supplant such State, local, and
other non-Federal funds;
``(F) a description of the partnership with local
educational agency, a community-based organization, and
another public entity or private organization, if
appropriate;
``(G) a certification that a meaningful assessment
has been conducted to determine community needs,
available resources and capacity in the findings of
such assessments, and a description of the mechanisms
used to provide effective notice to the community of an
intention to submit an application under this subpart;
``(H) a description of the applicants experience, or
promise of success, in providing educational or related
activities that will compliment and enhance the
student's academic achievement;
``(I) an assurance that the applicant will develop a
plan to continue the activity after funding under this
subpart ends;
``(J) an assurance that the application and any
waiver request will be available for public review
after submission of the application; and
``(K) such other information and assurances as the
State may reasonably require.
``(2) Eligible entity.--An eligible entity under this subpart
is a local educational agency, community-based organization,
and other public entity or private organization or a consortium
of two or more of such groups.
``(c) Peer Review.--In reviewing local applications under this
section, a State shall use a peer review process or other methods of
assuring the quality of such applications.
``(d) Geographic Diversity.--To the extent practicable, a State shall
distribute funds equitably among geographic areas within the State.
``(e) Duration of Awards.--Grants under this subpart may be awarded
for a period of not less than 3 years and not more than 5 years.
``(f) Amount of Awards.--A grant awarded under this subpart may not
be made in an amount of less than $50,000.
``(g) Priority.--In making awards under this subpart, the State shall
give priority to applications submitted by applicants proposing to
target services to students who attend schools that have been
identified as in need of improvement under section 1116.
``(h) Permissive Local Match.--
``(1) In general.--A State may require an eligible entity to
match funds awarded under this subpart, except that such match
may not exceed the amount of the grant award.
``(2) Sliding scale.--The amount of a match under paragraph
(1) shall be established based on a sliding fee scale that
takes into account--
``(A) the relative poverty of the population to be
targeted by the eligible entity; and
``(B) the ability of the eligible entity to obtain
such matching funds.
``(3) Consideration.--Notwithstanding this subsection, a
State shall not consider an eligible entity's ability to match
funds when determining which eligible entities will receive
subgrants under this subpart.
``SEC. 5124. LOCAL ACTIVITIES.
``(a) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for before and after school programs
and activities in such schools and communities;
``(B) be based upon an established set of performance
measures aimed at ensuring the availability of quality
extended learning opportunities; and
``(C) if appropriate, be based upon scientifically
based research that provides evidence that the program
will help students meet State and local performance
standards to be used.
``(2) Periodic evaluation.--The program or activity shall
undergo a periodic evaluation to assess its progress toward
achieving its goal of providing quality extended learning
opportunities. The results shall be used to refine, improve,
and strengthen the program, and to refine the performance
measures. The results shall also be made available to the
public upon request, with public notice of such availability
provided.
``(3) Waiver.--A local educational agency may apply to the
State for a waiver of the requirement of paragraph (1)(C) to
allow innovative activities or programs that demonstrate
substantial likelihood of success.
``(b) Services.--Each eligible entity that receives a subgrant under
this subpart shall use such funds to establish or expand activities in
community learning centers that--
``(1) provide quality extended learning opportunities to help
students, particularly students who attend low-performing
schools, to meet State and local student performance standards
in the core academic subjects, such as reading and mathematics;
and
``(2) provide students with additional activities, such as
drug and violence prevention programs, art and music programs,
technology education programs, recreational activity, and
character education programs that are linked to, and reinforce,
the regular academic program of schools those students attend.
``(c) Authorized Activities.--Each eligible entity that receives a
subgrant under this subpart may use such funds to carry out activities,
such as--
``(1) before and after school activities that advance student
achievement, including--
``(A) remedial education activities and academic
enrichment learning programs, including providing
additional assistance to students in order to allow
them to improve their academic achievement;
``(B) math and science education activities;
``(C) arts and music education activities;
``(D) entrepreneurial education programs;
``(E) tutoring services (including those provided by
senior citizen volunteers) and mentoring programs;
``(F) recreational activities;
``(G) telecommunications and technology education
programs;
``(H) expanded library service hours;
``(I) programs that promote parental involvement; and
``(J) programs that provide assistance to students
who have been truant, suspended, or expelled to allow
them to improve their academic achievement; and
``(2) establishing or enhancing programs or initiatives that
improve academic achievement.
``(d) Definition.--For the purpose of this section, a `community
learning center' is an entity that assists students to meet State and
local content and student performance standards in core academic
subjects, such as reading and mathematics, by providing them with
quality extended learning opportunities and related activities (such as
drug and violence-prevention programs, art and music programs,
recreational programs, technology education programs, and character
education programs) that are linked to, and reinforce, the regular
academic program of schools attended by the students served and is
operated by a local educational agency, community-based organization,
other public entity or private organization or a consortium of two or
more such groups. Community learning centers shall operate outside
school hours, such as before or after school or when school is not in
session.
``Subpart 3--National Programs
``SEC. 5131. FEDERAL ACTIVITIES.
``(a) Program Authorized.--
``(1) In general.--From funds made available to carry out
this part under section 5003(3), the Secretary, in consultation
with the Secretary of Health and Human Services, the Director
of the Office of National Drug Control Policy, and the Attorney
General, shall evaluate the effectiveness of programs and
activities that prevent violence and the illegal use of drugs
by youth, that promote safety and discipline for students in
elementary and secondary schools, and that provide before and
after school supervision and academic enrichment, based on the
needs reported by States and local educational agencies.
``(2) Coordination.--The Secretary shall carry out activities
described in paragraph (1) directly, or through grants,
contracts, or cooperative agreements with public and private
nonprofit and for-profit organizations, and individuals, or
through agreements with other Federal agencies, and shall
coordinate such activities with other appropriate Federal
activities.
``(3) Programs.--Activities described in paragraph (1) may
include--
``(A) demonstrations and rigorous scientifically
based evaluations of innovative approaches to drug and
violence prevention and before and after school
activities based on needs reported by State and local
educational agencies;
``(B) the provision of information on drug abuse
education and prevention to the Secretary of Health and
Human Services for dissemination by the clearinghouse
for alcohol and drug abuse information established
under section 501(d)(16) of the Public Health Service
Act;
``(C) the provision of information on violence
prevention and school safety to the Attorney General
for dissemination; and
``(D) continuing technical assistance to chief
executive officers, State agencies, and local
educational agencies to build capacity to develop and
implement high-quality, effective programs consistent
with the principles of effectiveness.
``(b) Peer Review.--The Secretary shall use a peer review process in
reviewing applications for funds under this section.
``Subpart 4--Gun Possession
``SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS.
``(a) Requirements.--
``(1) State law.--Each State receiving funds under this Act
shall--
``(A) have in effect a State law requiring each local
educational agency to expel from school for a period of
not less than one year a student who is determined to
have possessed a firearm in or at a school or on school
grounds under the jurisdiction of a local educational
agency in that State, except that such State law shall
allow the chief administering officer of such local
educational agency to modify such expulsion requirement
for a student on a case-by-case basis; and
``(B) require each local educational agency to adopt
a policy requiring each elementary and secondary school
to refer to the criminal justice or juvenile
delinquency system any student who possesses a firearm
in school.
``(2) Construction.--Nothing in this part shall be construed
to prevent a State from allowing a local educational agency
that has expelled a student from such student's regular school
setting from providing educational services to such student in
an alternative setting.
``(b) Report to State.--Each local educational agency requesting
assistance from the State educational agency that is to be provided
from funds made available to the State under this Act shall provide to
the State, in the application requesting such assistance--
``(1) an assurance that such local educational agency is in
compliance with the requirements of subsection (a); and
``(2) a description of the circumstances surrounding
incidents of possessions and any expulsions imposed under the
State law required by subsection (a)(1), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such
school for firearm possession; and
``(C) the type of firearm concerned.
``(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with Disabilities
Education Act.
``(d) Definitions.--For the purpose of this subpart--
``(1) the term `firearm' has the same meaning given to such
term under section 921(a)(3) of title 18, United States Code;
and
``(2) the term `school' does not include a home school,
regardless of whether a home school is treated as a private
school under State law.
``Subpart 5--General Provisions
``SEC. 5151. DEFINITIONS.
``For the purposes of this part, the following terms have the
following meanings:
``(1) Before and after school activities.--The term `before
and after school activities' means academic, recreational, and
enrichment activities for school-age youth outside of the
regular school hours or school year.
``(2) Controlled substance.--The term `controlled substance'
means a drug or other substance identified under Schedule I,
II, III, IV, or V in section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)).
``(3) Drug.--The term `drug' includes controlled substances;
the illegal use of alcohol and tobacco; and the harmful,
abusive, or addictive use of substances, including inhalants
and anabolic steroids.
``(4) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of drugs; and
``(B) with respect to violence, the promotion of
school safety, such that students and school personnel
are free from violent and disruptive acts, on school
premises, going to and from school, and at school-
sponsored activities, through the creation and
maintenance of a school environment that is free of
weapons and fosters individual responsibility and
respect for the rights of others.
``(5) Nonprofit.--The term `nonprofit,' as applied to a
school, agency, organization, or institution means a school,
agency, organization, or institution owned and operated by one
or more nonprofit corporations or associations, no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(6) School-aged population.--The term `school-aged
population' means the population aged 5 through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(7) School based mental health services provider.--The term
`school based mental health services provider' includes a State
licensed or State certified school counselor, school
psychologist, school social worker, or other State licensed or
certified mental health professional qualified under State law
to provide such services to children and adolescents.
``(8) School personnel.--The term `school personnel' includes
teachers, principals, administrators, guidance counselors,
social workers, psychologists, nurses, librarians, and other
support staff who are employed by a school or who perform
services for the school on a contractual basis.
``(9) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 5152. MESSAGE AND MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention programs
supported under this title shall convey a clear and consistent message
that the illegal use of drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part.
``SEC. 5153. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program or activity funded under this title. The
local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this title, other than classroom instruction.
``SEC. 5154. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this part); or
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for students
who are victims of, or witnesses to, use of drugs or crime.
``PART B--ENHANCING EDUCATION THROUGH TECHNOLOGY
``SEC. 5201. SHORT TITLE.
``This part may be cited as the `Enhancing Education Through
Technology Act of 2001'.
``SEC. 5202. PURPOSES.
``The purposes of this part are as follows:
``(1) To provide assistance to States and localities for
implementing innovative technology initiatives that lead to
increased student academic achievement and that may be
evaluated for effectiveness and replicated if successful.
``(2) To encourage the establishment or expansion of
initiatives, including those involving public-private
partnerships, designed to increase access to technology,
particularly in high-need local educational agencies.
``(3) To assist States and localities in the acquisition,
development, interconnection, implementation, improvement, and
maintenance of an effective educational technology
infrastructure in a manner that expands access to technology
for students (particularly for disadvantaged students) and
teachers.
``(4) To promote initiatives that provide school teachers,
principals, and administrators with the capacity to effectively
integrate technology into curriculum that is aligned with
challenging State academic content and student academic
achievement standards, through such means as high quality
professional development programs.
``(5) To enhance the ongoing professional development of
teachers, principals, and administrators by providing constant
access to updated research in teaching and learning via
electronic means.
``(6) To support the development of electronic networks and
other innovative methods, such as distance learning, of
delivering challenging courses and curricula for students who
would otherwise not have access to such courses and curricula,
particularly in geographically remote regions.
``(7) To support the rigorous evaluation of programs funded
under this part, particularly the impact of such initiatives on
student academic performance, and ensure that timely
information on the results of such evaluations is widely
accessible through electronic means.
``(8) To support local efforts for the use of technology to
promote parent and family involvement in education and
communication among students, parents, teachers, principals,
and administrators.
``SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
``(a) In General.--There are authorized to be appropriated--
``(1) to carry out subparts 1 and 2 of this part--
``(A) $1,000,000,000 for fiscal year 2002; and
``(B) such sums as may be necessary for each of
fiscal years 2003 through 2006; and
``(2) to carry out subpart 3 of this part--
``(A) $24,500,000 for fiscal year 2002; and
``(B) such sums as may be necessary for each of
fiscal years 2003 through 2006.
``(b) Allocation of Funds Between National and State and Local
Initiatives.--The amount of funds made available under subsection (a)
shall be allocated as follows:
``(1) Not less than 95 percent shall be made available for
State and local technology initiatives under subpart 1.
``(2) Not more than 5 percent may be made available for
activities of the Secretary under subpart 2, of which not more
than $15,000,000 may be used for the study required by section
5221(a)(1).
``SEC. 5204. DEFINITIONS.
``In this part:
``(1) The term `distance learning' means the transmission of
educational or instructional programming to geographically
dispersed individuals and groups via telecommunications.
``(2) The term `eligible local entity' means--
``(A) a high-need local educational agency; or
``(B) an eligible local partnership.
``(3) The term `eligible local partnership' means a
partnership that includes at least one high-need local
educational agency and at least one--
``(A) local educational agency that can demonstrate
that teachers in schools served by that agency are
effectively integrating technology and proven teaching
practices into instruction, based on scientifically
based research, that result in improvement in--
``(i) classroom instruction in the core
academic subject areas; and
``(ii) the preparation of students to meet
challenging State academic content and student
academic achievement standards;
``(B) institution of higher education that is in full
compliance with the reporting requirements of section
207(f) of the Higher Education Act of 1965 (20 U.S.C.
1027(f)) and that has not been identified by its State
as low-performing under section 208 of such Act (20
U.S.C. 1028);
``(C) for-profit business or organization that
develops, designs, manufactures, or produces technology
products or services, or has substantial expertise in
the application of technology; or
``(D) public or private nonprofit organization with
demonstrated experience in the application of
educational technology.
``(4) The term `high-need local educational agency' means a
local educational agency that--
``(A) is among the local educational agencies in the
State with the highest numbers or percentages of
children from families with incomes below the poverty
line, as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2));
``(B) includes one or more schools identified under
section 1116; and
``(C) has a substantial need for assistance in
acquiring and using technology.
``Subpart 1--State and Local Technology for Success Grants
``SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.
``(a) In General.--Except as otherwise provided in this subpart, each
State shall be eligible to receive a grant under this subpart for a
fiscal year in an allotment determined as follows:
``(1) 50 percent shall bear the same relationship to the
amount made available under section 5203(b)(1) for such year as
the amount such State received under part A for title I for
such year bears to the amount received for such year under such
part by all States.
``(2) 50 percent shall be determined on the basis of the
State's relative population of individuals age 5 through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data.
``(b) Reservation of Funds for Bureau of Indian Affairs and Outlying
Areas.--Of the amount made available to carry out this subpart under
section 5203(b)(1) for a fiscal year--
``(1) the Secretary shall reserve \1/2\ of 1 percent for the
Secretary of the Interior for programs under this subpart for
schools operated or funded by the Bureau of Indian Affairs; and
``(2) the Secretary shall reserve \1/2\ of 1 percent to
provide assistance under this subpart to the outlying areas.
``(c) Minimum Allotment.--The amount of any State's allotment under
subsection (a) for any fiscal year may not be less than \1/2\ of 1
percent of the amount made available under section 5203(b)(1) for such
year.
``(d) Reallotment of Unused Funds.--If any State does not apply for
an allotment under this subpart for a fiscal year, or does not use its
entire allotment for that fiscal year, the Secretary shall reallot the
amount of the State's allotment, or the unused portion thereof, to the
remaining States in accordance with this section.
``SEC. 5212. USE OF ALLOTMENT BY STATE.
``(a) In General.--Of the amount provided to a State from its
allotment under section 5211--
``(1) the State may use not more than 5 percent to carry out
activities under section 5215; and
``(2) subject to subsection (b), not less than 95 percent
shall be distributed by the State as follows:
``(A) 60 percent of such amount shall--
``(i) be awarded to local educational
agencies that have submitted applications to
the State under section 5214 (which, in the
case of a local educational agency that is an
eligible local entity, may be combined with an
application for funds awarded under
subparagraph (B)), in an amount that bears the
same relationship to the amount made available
under section 5211(a) for such year as the
amount such local educational agency received
under part A of title I for such year bears to
the amount received for such year under such
part by all local educational agencies within
the State; and
``(ii) be used for the activities described
in section 5216.
``(B) 40 percent of such amount shall be awarded
through a State-determined competitive process to
eligible local entities that have submitted
applications to the State under section 5214 (which, in
the case of an eligible local entity that is a local
educational agency, may be combined with an application
for funds provided under subparagraph (A)), to be used
to carry out activities consistent with activities
described in section 5216.
``(b) Continuation of Awards.--Notwithstanding section 3 of the No
Child Left Behind Act of 2001, a State shall make continuation awards
on multiyear grants awarded by the State under section 3132(a)(2) (as
in effect on the day preceding the date of enactment of such Act) from
the funds described in subsection (a)(2) for the shorter of--
``(1) the duration of the original grant period; or
``(2) two years after the date of enactment of such Act.
``SEC. 5213. STATE APPLICATIONS.
``(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit an application to the Secretary
containing a new or updated statewide, long-range strategic educational
technology plan (which shall consider the educational technology needs
of local educational agencies), and such other information as the
Secretary may reasonably require, at such time and in such manner as
the Secretary may specify.
``(b) Contents.--Each State application submitted under this section
shall include the following:
``(1) A description of how the State will use funds provided
under this subpart to improve the academic achievement of all
students and to improve the capacity of all teachers to provide
instruction in the State through the use of education
technology.
``(2) A description of the State's goals for using advanced
technology to improve student achievement aligned to
challenging State academic content and student academic
achievement standards.
``(3) A description of how the State will take steps
(including through public and private partnerships) to ensure
that all students and teachers in the State, particularly those
residing or teaching in districts served by high-need local
educational agencies, will have increased access to educational
technology.
``(4) A description of--
``(A) how the State will ensure that ongoing
integration of technology into instructional strategies
and school curricula in all schools in the State so
that technology will be fully integrated into those
schools by December 31, 2006; and
``(B) the process and accountability measures the
State will use for the evaluation of such integration,
including whether such integration--
``(i) has increased the ability of teachers
to teach effectively; and
``(ii) has enabled students to meet
challenging State academic content and student
academic achievement standards.
``(5) A description of how the State will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and
curricula through the use of technology and distance learning,
particularly for those areas of the State that would not
otherwise have access to such courses and curricula due to
geographical isolation or insufficient resources.
``(6) An assurance that financial assistance provided under
this subpart shall supplement, not supplant, State and local
funds.
``(7) A description of how the State will ensure that every
teacher and principal within a school funded under this subpart
will be computer-literate and proficient (as determined by the
State) by December 31, 2006.
``(8) A description of how the State will ensure that each
grant under section 5212(a)(2)(B) to an eligible local
applicant is of sufficient duration, size, scope, and quality
to carry out the purposes of this part effectively.
``(9) A description of how the State educational agency will
provide technical assistance to eligible local applicants, and
its capacity for providing such assistance, including
developing public and private partnerships under this part.
``(c) Deemed Approval.--A State application submitted to the
Secretary under this section shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination, prior to
the expiration of the 90-day period that begins on the date the
Secretary receives the complete application, that the application does
not reasonably meet the purposes of this subpart.
``(d) Disapproval.--The Secretary may issue a final disapproval of a
State's application under this subpart only after giving the State
notice and an opportunity for a hearing.
``(e) Dissemination of Information on State Applications.--The
Secretary shall make information on State applications under this
subpart widely available to schools and the general public, including
through dissemination on the Internet, in a timely and user-friendly
manner.
``SEC. 5214. LOCAL APPLICATIONS.
``(a) In General.--An applicant seeking to receive funds from a State
under this subpart shall submit to the State an application containing
a new or updated long-range local strategic educational technology plan
consistent with the objectives of the statewide education technology
plan described in section 5213(a), and such other information as the
State may reasonably require, at such time, and in such manner as the
State may specify.
``(b) Contents of Local Application.--Each local application
described in this section shall include the following:
``(1) A description of how the applicant will use Federal
funds provided under this subpart to improve the academic
achievement of all students and to improve the capacity of all
teachers to provide instruction through the use of education
technology.
``(2) A description of the applicant's specific goals for
using advanced technology to improve student achievement
aligned to challenging State academic content and student
academic achievement standards.
``(3) A description of--
``(A) how the applicant will take steps to ensure
that all students and teachers in schools served by the
local educational agency (particularly those in high-
poverty and high-need schools) have increased access to
educational technology; and
``(B) how such technology will be used to improve the
academic achievement for such students.
``(4) A description of how the applicant will promote--
``(A) the utilization of teaching strategies and
curricula, based on scientifically based research,
which effectively integrate technology into
instruction, leading to improvements in student
academic achievement as measured by challenging State
academic content and student academic achievement
standards; and
``(B) sustained and intensive, high-quality
professional development consistent with section 2033
(as applicable), based on scientifically based
research, which increases teacher and principal
capacity to create improved learning environments
through the integration of technology into instruction
through proven strategies and improved content as
described in subparagraph (A).
``(5) A description of how the applicant will integrate
technology across the curriculum and a time line for such
integration, including a description of how the applicant will
make effective use of new and emerging technologies and
teaching practices that are linked to such emerging
technologies to provide challenging content and improved
classroom instruction.
``(6) A description of how the applicant will coordinate
education technology activities funded under this subpart,
including professional development, with any such activities
provided under other Federal, State, and local programs,
including those authorized under title I, title II, title IV,
and the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) and the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.).
``(7) A description of the accountability measures and
process the applicant will use for the evaluation of the extent
to which funds provided under this subpart were effective in
integrating technology into school curriculum, increasing the
ability of teachers to teach, and enabling students to meet
challenging State academic content and student academic
achievement standards.
``(8) A description of how the applicant will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and
curricula through the use of technology and distance learning,
particularly for those areas that would not otherwise have
access to such courses and curricula due to geographical
isolation or insufficient resources.
``(9) A description of what steps the applicant has taken, or
will take, to comply with section 5205(a)(1).
``(10) If requested by the State--
``(A) a description of how the applicant will use
funds provided under this subpart in a manner that is
consistent with any statewide education technology
priorities that may be established by the State
consistent with this subpart; and
``(B) an assurance that any technology obtained with
funds provided under this subpart will have
compatibility and interconnectivity with technology
obtained with funds provided previously under title III
(as in effect on the day preceding the date of
enactment of the No Child Left Behind Act of 2001), as
appropriate.
``SEC. 5215. STATE ACTIVITIES.
``(a) In General.--From funds made available under section
5212(a)(1), a State shall carry out activities and assist local efforts
to carry out the purposes of this subpart, which may include the
following activities:
``(1) Developing, or assisting applicants in the development
and utilization of, innovative strategies to deliver rigorous
academic programs through the use of technology and distance
learning, and providing other technical assistance to such
applicants throughout the State, with a priority to high-need
local educational agencies.
``(2) Establishing or supporting public-private initiatives,
such as interest-free or reduced-cost loans for the acquisition
of educational technology for high-need local educational
agencies and students attending schools served by such
agencies.
``(3) Assisting applicants in providing sustained and
intensive, high-quality professional development based on
scientifically based research in the integration of advanced
technologies (including emerging technologies) into curriculum
and in using those technologies to create new learning
environments, including training in the use of technology to--
``(A) access data and resources to develop curricula
and instructional materials;
``(B) enable teachers--
``(i) to use the Internet to communicate with
parents, other teachers, principals, and
administrators; and
``(ii) to retrieve Internet-based learning
resources; and
``(C) lead to improvements in classroom instruction
in the core academic subject areas, which effectively
prepare students to meet challenging State academic
content and student academic achievement standards.
``(4) Assisting applicants in providing all students
(including students with disabilities and students with limited
English proficiency) and teachers with access to educational
technology.
``(5) Establishing or expanding access to technology in areas
served by high-need local educational agencies, with special
emphasis on access provided through technology centers in
partnership with libraries and with the support of the private
sector.
``(6) Developing enhanced performance measurement systems to
determine the effectiveness of education technology programs
funded under this subpart, particularly in determining the
extent to which education technology funded under this subpart
has been successfully integrated into teaching strategies and
school curriculum, has increased the ability of teachers to
teach, and has enabled students to meet challenging State
academic content and student academic achievement standards.
``(7) Collaborating with other States on distance learning,
including making advanced courses available to students who
would otherwise not have access to such courses.
``(b) Limitation on Administrative Costs.--Of the 5 percent of the
State's allotment under section 5211 which may be used to carry out
activities under this section, not more than 40 percent may be used by
the State for administrative costs.
``SEC. 5216. LOCAL ACTIVITIES.
``(a) Professional Development.--A recipient of funds made available
under section 5212(a)(2)(A) shall use not less than 20 percent of such
funds to provide sustained and intensive, high-quality professional
development, consistent with section 2033 (as applicable), based on
scientifically based research in the integration of advanced
technologies (including emerging technologies) into curriculum and in
using those technologies to create new learning environments, including
professional development in the use of technology to--
``(1) access data and resources to develop curricula and
instructional materials;
``(2) enable teachers--
``(i) to use the Internet to communicate with
parents, other teachers, principals, and
administrators; and
``(ii) to retrieve Internet-based learning resources;
and
``(3) lead to improvements in classroom instruction in the
core academic subject areas, which effectively prepare students
to meet challenging State academic content and student academic
achievement standards.
``(b) Waiver.--Subsection (a) does not apply to a recipient of funds
under section 5212(a)(2)(A) that demonstrates, to the satisfaction of
the State, that such recipient already provides sustained and
intensive, high-quality professional development based on
scientifically based research in the integration of technology
(including emerging technologies) into the curriculum.
``(c) Other Activities.--In addition to the activities described in
subsection (a), a recipient of funds distributed by a State under
section 5212(a)(2)(A) shall use such funds to carry out other
activities consistent with this subpart, which may include the
following:
``(1) Adapting or expanding existing and new applications of
technology to enable teachers to increase student academic
achievement through the use of teaching practices and advanced
technologies that are based on scientifically based research
and are designed to prepare students to meet challenging State
academic content and student academic achievement standards,
and for developing and utilizing innovative strategies to
deliver rigorous academic programs.
``(2) Expanding, acquiring, implementing, applying, and
maintaining education technology as a means to improve the
academic achievement of all students.
``(3) The establishment or expansion of initiatives,
particularly those involving public-private partnerships,
designed to increase access to technology for students and
teachers, with special emphasis on the access of high-need
local educational agencies to technology.
``(4) Using technology to promote parent and family
involvement, and support communications between students,
parents, and teachers.
``(5) Acquiring proven and effective curricula that include
integrated technology and are designed to help students achieve
challenging State academic content and student academic
achievement standards.
``(6) Using technology to collect, manage, and analyze data
to inform school improvement efforts.
``(7) Implementing enhanced performance measurement systems
to determine the effectiveness of education technology programs
funded under this subpart, particularly in determining the
extent to which education technology funded under this subpart
has been successfully integrated into teaching strategies and
school curriculum, has increased the ability of teachers to
teach, and has enabled students to meet challenging State
academic content and student academic achievement standards.
``(8) Preparing one or more teachers in elementary and
secondary schools as technology leaders who are provided with
the means to serve as experts and train other teachers in the
effective use of technology.
``(9) Establishing or expanding access to technology in areas
served by high-need local educational agencies, with special
emphasis for access provided through technology centers in
partnership with libraries and with the support of the private
sector.
``Subpart 2--National Technology Activities
``SEC. 5221. NATIONAL ACTIVITIES.
``(a) In General.--Using funds made available under section
5203(b)(2), the Secretary--
``(1) shall--
``(A) conduct an independent, long-term study,
utilizing scientifically based research methods and
control groups, on the effect of educational technology
on improving student academic achievement;
``(B) include in the study an identification of uses
of educational technology (including how teachers can
integrate technology into the curricula) that have a
measurable positive impact on student achievement;
``(C) establish an independent review panel to advise
the Secretary on methodological and other issues that
arise in conducting this long-term study; and
``(D) submit to the Congress interim reports, when
appropriate, and a final report, to be submitted not
later than 6 months before the end of fiscal year 2006,
on the findings of the study;
``(2) may fund national technology initiatives that are
supported by scientifically based research and utilize
technology in education, through the competitive award of
grants or contracts, pursuant to a peer review process, to
States, local educational agencies, eligible local entities,
institutions of higher education, public agencies, and private
nonprofit or for-profit agencies; and
``(3) may provide technical assistance (directly or through
the competitive award of grants or contracts) to States, local
educational agencies, and other recipients of funds under this
part in order to assist such States, local educational
agencies, and other recipients to achieve the purposes of this
part.
``(b) National Technology Initiatives.--
``(1) Use of funds.--In funding national technology
initiatives under subsection (a)(2), the Secretary--
``(A) shall place a priority on projects that--
``(i) develop innovative models using
electronic networks or other forms of distance
learning to provide challenging courses that
are otherwise not readily available to students
in a particular school district, particularly
in rural areas; or
``(ii) increase access to technology to
students served by high-need local educational
agencies; and
``(B) shall, in order to identify effective uses of
educational technology that have a measurable positive
impact on student achievement and as specified in
paragraph (3)--
``(i) develop tools and provide resources and
support, including technical assistance, for
recipients of funds under subsection (a)(2) to
effectively evaluate their activities; and
``(ii) disseminate the evaluations made under
paragraph (2)(A)(ii).
``(2) Requirements for recipients of funds.--
``(A) Application.--In order to receive a grant or
contract under subsection (a)(2), an entity shall
submit an application to the Secretary (at such time
and in such form as the Secretary may require), and
shall include in the application--
``(i) a description of the project proposed
to be carried out with the grant or contract
and how it would carry out the purposes of
subsection (a)(2); and
``(ii) a detailed plan for an independent
evaluation, supported by scientifically based
research principles, of the project to
determine the impact on the academic
achievement of students served under such
project, as measured by challenging State
academic content and student academic
achievement standards.
``(B) Non-federal share.--
``(i) In general.--Subject to clauses (ii)
and (iii), the Secretary may require any
recipient of a grant or contract under
subsection (a)(2) to share in the cost of the
activities assisted under such grant or
contract, which may be in the form of cash or
in-kind contributions, fairly valued.
``(ii) Increase.--The Secretary may increase
the non-Federal share required of a recipient
of a grant or contract under subsection (a)(2)
after the first year such recipient receives
funds under such grant or contract.
``(iii) Maximum.--The non-Federal share
required under this subsection may not exceed
50 percent of the cost of the activities
assisted under a grant or contract under this
subpart.
``(iv) Notice.--The Secretary shall publish,
in the Federal Register, the non-Federal share
required under this subparagraph.
``(3) Evaluation and dissemination.--The Secretary shall make
information on each project funded with a grant or contract
under subsection (a)(2) widely available to schools and the
general public, including through dissemination on the
Internet, in a timely and user-friendly manner. This
information shall, at a minimum, include--
``(A) upon the awarding of such a grant or contract
under subsection (a)(2), the identification of the
grant or contract recipient, the amount of the grant or
contract, the stated goals of the grant or contract,
the methods by which the grant or contract will be
evaluated in meeting such stated goals, and the
timeline for meeting such goals;
``(B) not later than 3 months after the completion of
the first year of the project period, information on
the progress of the grant or contract recipient in
carrying out the grant or contract, including a
detailed description of the use of the funds provided,
the extent to which the stated goals have been reached,
and the results (or progress of) the evaluation of the
project; and
``(C) not later than 3 months after the completion of
the second year of the project period (and updated
thereafter as appropriate), a followup to the
information described in subparagraph (B).
``Subpart 3--Ready to Learn, Ready to Teach
``SEC. 5231. READY TO LEARN TELEVISION.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall award grants to or
enter into contracts or cooperative agreements with eligible
entities described in paragraph (3) to--
``(A) develop, produce, and distribute educational
and instructional video programming for preschool and
elementary school children and their parents in order
to facilitate student academic achievement;
``(B) facilitate the development (directly or through
contracts with producers of children and family
educational television programming) of educational
programming for preschool and elementary school
children and accompanying support materials and
services that directly promote the effective use of
such programming;
``(C) facilitate the development of programming and
digital content especially designed for nationwide
distribution over digital broadcasting channels and the
Internet, containing Ready to Learn-based children's
programming and resources for parents and caregivers;
``(D) enable such entities to contract with other
entities (such as public telecommunications entities)
so that programs under this section are disseminated
and distributed by the most appropriate distribution
technologies to the widest possible audience
appropriate to be served by the programming; and
``(E) develop and disseminate training and support
materials, including interactive programs and programs
adaptable to distance learning technologies which are
designed to--
``(i) promote school readiness; and
``(ii) promote the effective use of
programming developed under subparagraphs (B)
and (C) among parents, Head Start providers,
Even Start and providers of family literacy
services, child care providers, early childhood
development personnel, and elementary school
teachers, public libraries, and after school
program personnel caring for preschool and
elementary school children.
``(2) Availability.--In making grants, contracts, or
cooperative agreements under this subsection, the Secretary
shall ensure that recipients increase the effective use of the
programming under this section by making it widely available
with support materials, as appropriate, to young children,
their parents, child care workers, Head Start providers, Even
Start and providers of family literacy services.
``(3) Eligible entities described.--In this section, an
`eligible entity' means a nonprofit entity (including a public
telecommunications entity) which is able--
``(A) to demonstrate a capacity for the development
and national distribution of educational and
instructional television programming of high quality
which is accessible by a large majority of
disadvantaged preschool and elementary school children;
and
``(B) to demonstrate--
``(i) a capacity to contract with the
producers of children's television programming
for the purpose of developing educational
television programming of high quality which is
accessible by a large majority of disadvantaged
preschool and elementary school children, and
``(ii) consistent with the entity's mission
and nonprofit nature, a capacity to negotiate
such contracts in a manner which returns to the
entity an appropriate share of any ancillary
income from sales of any program-related
products.
``(4) Cap on administrative costs.--An entity receiving a
grant, contract, or cooperative agreement from the Secretary
under this subsection may not use more than 5 percent of the
amounts received under the grant, contract, or cooperative
agreement for the expenses of administering the grant,
contract, or cooperative agreement.
``(5) Coordination of activities.--An entity receiving a
grant, contract, or cooperative agreement from the Secretary
under this subsection shall work with the Secretary and the
Secretary of Health and Human Services to--
``(A) maximize the utilization by preschool and
elementary school children of the programming under
this section and to make such programming widely
available to federally funded programs serving such
populations; and
``(B) coordinate with Federal programs that have
major training components for early childhood
development (including Head Start, Even Start, family
literacy services, and State training activities funded
under the Child Care Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.)) regarding the
availability and utilization of materials developed
with funds provided under this section to enhance
parent and child care provider skills in early
childhood development and education.
``(b) Applications.--Any entity desiring a grant, contract, or
cooperative agreement under subsection (a) shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(c) Report and Evaluation..--
``(1) Annual report by grant recipients to secretary.--Each
entity receiving funds under this section shall prepare and
submit to the Secretary an annual report which contains such
information as the Secretary may require. At a minimum, the
report shall describe the program activities undertaken with
funds received under this section, including information
regarding--
``(A) the programming that has been developed
directly or indirectly by the entity and the target
population of the programs developed;
``(B) the support and training materials that have
been developed to accompany the programming and the
method by which such materials are distributed to
consumers and users of the programming;
``(C) the means by which the programming has been
distributed, including the distance learning
technologies that have been utilized to make
programming available and the geographic distribution
achieved through such technologies; and
``(D) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-
Federal support for the development and distribution
and broadcast of educational and instructional
programming.
``(2) Report to congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual report
on the activities funded and carried out under this section,
and shall include in the report--
``(A) a summary of the programming developed using
funds provided under this section; and
``(B) a description of the training materials
developed using funds provided under this section, the
manner in which outreach has been conducted to inform
parents and child care providers of the availability of
such materials, and the manner in which such materials
have been distributed.
``(d) Funding Rule.--Not less than 60 percent of the amounts
authorized to be appropriated under section 5233 for any fiscal year
shall be used to carry out subparagraphs (B) and (C) of subsection
(a)(1).
``SEC. 5232. TELECOMMUNICATIONS PROGRAM.
``(a) In General.--The Secretary may carry out any of the following
activities:
``(1) Awarding grants to a nonprofit telecommunications
entity (or a partnership of such entities) for the purpose of
carrying out a national telecommunications-based program to
improve the teaching of core academic subjects and to assist
elementary and secondary school teachers in preparing all
students to achieve State academic content standards.
``(2) Awarding grants to or entering into contracts or
cooperative agreements with a local public telecommunications
entity to develop, produce, and distribute educational and
instructional video programming which is designed for use by
elementary and secondary school students, created for or
adaptable to State academic content standards, and capable of
distribution through digital broadcasting and school digital
networks.
``(b) Applications.--
``(1) In general.--Any telecommunications entity or
partnership of such entities desiring a grant under this
section shall submit an application to the Secretary.
``(2) Specific requirements for national telecommunications-
based program.--Each application for a grant under subsection
(a)(1) shall--
``(A) demonstrate that the applicant will use the
existing publicly funded telecommunications
infrastructure, the Internet, and school digital
networks (where available) to deliver video, voice, and
data in an integrated service to train teachers in the
use of materials and learning technologies for
achieving State academic content standards;
``(B) assure that the program for which assistance is
sought will be conducted in cooperation with States as
appropriate, local educational agencies, and State or
local nonprofit public telecommunications entities;
``(C) assure that a significant portion of the
benefits available for elementary and secondary schools
from the program for which assistance is sought will be
available to schools of local educational agencies
which have a high percentage of children counted for
the purpose of part A of title I; and
``(D) contain such additional assurances as the
Secretary may reasonably require.
``(c) Approval of Applications; Number of Demonstration Sites.--In
approving applications under this section, the Secretary shall assure
that--
``(1) the national telecommunications-based program under
subsection (a)(1) is conducted at elementary and secondary
school sites in at least 15 States; and
``(2) grants under subsection (a)(2) are awarded on a
competitive basis and for a period of 3 years to entities
which--
``(A) enter into multiyear collaborative arrangements
for content development with State educational
agencies, local educational agencies, institutions of
higher education, businesses, or other agencies and
organizations, and
``(B) contribute non-Federal matching funds
(including funds provided for transitions to digital
broadcasting as well as in-kind contributions) to the
activities assisted with the grant in an amount not
less than 100 percent of the amount of the grant.
``PART C--CHARACTER EDUCATION
``SEC. 5301. CHARACTER EDUCATION PROGRAM.
``(a) Program Authorized.--
``(1) In general.--The Secretary may make grants to State
educational agencies, local educational agencies, or consortia
of such agencies for the design and implementation of character
education programs that--
``(A) can be integrated into State academic content
standards for the core academic subjects; and
``(B) can be carried out in conjunction with other
educational reform efforts.
``(2) Duration.--Each grant under this section shall be made
for a period not to exceed 5 years, of which the grant
recipient may not use more than 1 year for planning and program
design.
``(b) Contracts Under Program.--
``(1) Evaluation.--Each agency or consortium receiving
assistance under this section may contract with outside
sources, including institutions of higher education and private
and nonprofit organizations (including religious
organizations), for the purposes of--
``(A) evaluating the program for which the assistance
is made available;
``(B) measuring the integration of such program into
the curriculum and teaching methods of schools where
the program is carried out; and
``(C) measuring the success of such program in
fostering the elements of character selected by the
recipient under subsection (c)(1).
``(2) Materials and program development.--Each agency or
consortium receiving assistance under this section may contract
with outside sources, including institutions of higher
education and private and nonprofit organizations (including
religious organizations), for assistance in--
``(A) developing secular curricula, materials,
teacher training, and other activities related to
character education; and
``(B) integrating secular character education into
the curriculum and teaching methods of schools where
the program is carried out.
``(c) Elements of Character.--
``(1) Selection.--
``(A) In general.--Each agency or consortium
receiving assistance under this section may select the
elements of character that will be taught under the
program for which the assistance is made available.
``(B) Consideration of views.--In selecting elements
of character under paragraph (1), the agency or
consortium shall consider the views of the parents or
guardians of the students to be taught under the
program.
``(2) Example elements.--Elements of character selected under
this subsection may include any of the following:
``(A) Trustworthiness.
``(B) Respect.
``(C) Responsibility.
``(D) Fairness.
``(E) Caring.
``(F) Citizenship.
``(G) Giving.
``(d) Application.--
``(1) In general.--Each agency or consortium seeking
assistance under this section shall submit an application to
the Secretary at such time and in such manner as the Secretary
may require.
``(2) Required information.--Each application for assistance
under this section shall include information that--
``(A) demonstrates that the program for which the
assistance is sought has clear goals and objectives
that are based on scientifically based research;
``(B) describes the activities that will be carried
out with the assistance and how such activities will
meet the goals and objectives described in paragraph
(1); and
``(C) describes how the program for which the
assistance is sought will be linked to other efforts to
improve educational achievement, including--
``(i) broader educational reforms that are
being instituted by the applicant or its
partners; and
``(ii) applicable State academic content
standards for student achievement.
``(e) Selection of Recipients.--
``(1) Peer review.--
``(A) In general.--In selecting agencies or consortia
to receive assistance under this section from among the
applicants for such assistance, the Secretary shall use
a peer review process that includes the participation
of experts in the field of character education.
``(B) Use of funds.--The Secretary may use funds
appropriated under this section for the cost of
carrying out peer reviews under this paragraph.
``(2) Selection criteria.--Each selection under paragraph (1)
shall be made on the basis of the quality of the application
submitted, taking into consideration such factors as--
``(A) the extent of parental, student, and community
involvement in the program; and
``(B) the likelihood that the goals of the program
will be realistically achieved.
``(3) Equitable distribution.--In making selections under
this subsection, the Secretary shall ensure, to the extent
practicable under paragraph (2), that the programs assisted
under this section are equitably distributed among the
geographic regions of the United States, and among urban,
suburban, and rural areas.
``(f) Evaluations.--
``(1) In general.--As a condition of receiving assistance
under this section, the Secretary shall require each agency or
consortium receiving such assistance to transmit to the
Secretary, not later than 5 years after such receipt, a report
containing an evaluation of each program assisted.
``(2) Attainment of goals and objectives.--In conducting an
evaluation referred to in paragraph (1), each agency or
consortium shall evaluate the degree to which each program for
which assistance was made available attained the goals and
objectives for the program as described in the application for
assistance submitted under subsection (d).
``(3) Dissemination.--The Secretary shall--
``(A) make each evaluation received under this
subsection publicly available; and
``(B) provide public notice (through such means as
the Internet, the media, and public agencies) of the
availability of each such evaluation after it is
received by the Secretary.
``(g) Matching Funds.--As a condition of receiving assistance under
this section, the Secretary may require that each agency or consortium
receiving such assistance provide matching funds from non-Federal
sources.
``SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$25,000,000 for fiscal year 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006.''.
``PART D--ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS
``SEC. 5401. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
``(a) Findings.--Congress finds as follows:
``(1) The Surgeon General reported in January 2001 that 1 in
10 children suffer from mental illnesses severe enough to
impair development and fewer than 1 in 5 children get treatment
for mental illnesses.
``(2) The Surgeon General reported that the burden of
suffering by children with mental health needs and their
families has created a health crisis in this country. Growing
numbers of children are suffering needlessly because their
emotional, behavioral, and developmental needs are not being
met by the very institutions and systems that were created to
take care of them.
``(3) As a result of the concern about the failure of the
healthcare system to reach children and adolescents with mental
illnesses, there is currently great interest in developing new
models for the delivery of mental health and counseling
services that can reach underserved groups efficiently.
``(4) Schools are a sensible point of intervention because of
their central position in many children's lives and
development, especially when families are unable to assume a
leading role.
``(5) School-based mental health and counseling services
allow for the identification of children in need of treatment
much earlier in their development.
``(6) Establishing mental health and counseling services in
schools provides access to underserved youth with or at risk of
emotional or behavioral problems.
``(7) The Surgeon General's 2000 report on youth violence
concludes that effective treatment can divert a significant
proportion of delinquent and violent youths from future
violence and crime.
``(8) Mental health and counseling services can play an
important role in violence prevention on all levels, including
preventing problem behaviors from developing; identifying and
serving specific, at-risk populations; and reducing the
deleterious effects of violence on victims and witnesses.
``(9) An evaluation of the model program for the elementary
school counseling demonstration program established pursuant to
this section prior to the date of enactment of the Elementary
and Secondary Counseling Improvement Act of 2001 found that the
number of referrals to the principal's office decreased by
nearly half, the use of force, weapons, and threatening of
others also decreased, school suspensions were reduced, and
students felt safer.
``(10) The report produced by the Institute of Medicine,
`Schools and Health: Our Nation's Investment', recommended a
student-to-school counselor ratio of 250:1, student-to-school
psychologist ratio of 1000:1, and a student-to-school social
worker ratio of 800:1. The United States average student-to-
counselor ratio is 551:1. Ratios for school psychologists and
school social workers also exceed the recommended levels.
``(b) Grants Authorized.--
``(1) In general.--The Secretary may use funds provided under
this section to award grants to local educational agencies to
enable such agencies to establish or expand elementary and
secondary school counseling programs which meet the
requirements of subsection (c).
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs which--
``(A) demonstrate the greatest need for new or
additional counseling services among children in the
schools served by the applicant, in part, by providing
information on current ratios of students to school
counselors, students to school social workers, and
students to school psychologists;
``(B) propose the most promising and innovative
approaches for initiating or expanding school
counseling; and
``(C) show the greatest potential for replication and
dissemination.
``(3) Equitable distribution.--In awarding grants under this
section, the Secretary shall ensure an equitable geographic
distribution among the regions of the United States and among
urban, suburban, and rural local educational agencies.
``(4) Duration.--A grant under this section shall be awarded
for a period not to exceed 3 years.
``(5) Maximum grant.--A grant awarded under this program
shall not exceed $400,000 for any fiscal year.
``(6) Supplement.--Assistance made available under this
section shall be used to supplement, and may not supplant,
other Federal, State, or local funds used for providing school-
based counseling and mental health services to students.
``(c) Requirements for Counseling Programs.--Each program funded
under this section shall--
``(1) be comprehensive in addressing the counseling and
educational needs of all students;
``(2) use a developmental, preventive approach to counseling;
``(3) increase the range, availability, quantity, and quality
of counseling services in the elementary and secondary schools
of the local educational agency;
``(4) expand counseling services through qualified school
counselors, school psychologists, school social workers, and
child and adolescent psychiatrists;
``(5) use innovative approaches to increase children's
understanding of peer and family relationships, work and self,
decisionmaking, or academic and career planning, or to improve
peer interaction;
``(6) provide counseling services in settings that meet the
range of needs of students;
``(7) include inservice training, including training for
teachers in appropriate identification and intervention
techniques for disciplining and teaching students at risk of
violent behavior, by school counselors, school psychologists,
school social workers, and child and adolescent psychiatrists;
``(8) involve parents of participating students in the
design, implementation, and evaluation of a counseling program;
``(9) involve community groups, social service agencies, or
other public or private entities in collaborative efforts to
enhance the program;
``(10) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section;
``(11) ensure a team approach to school counseling in the
elementary and secondary schools of the local educational
agency by working toward ratios recommended by the American
School Health Association of one school counselor to 250
students, one school social worker to 800 students, and one
school psychologist to 1,000 students; and
``(12) ensure that school counselors, school psychologists,
school social workers, or child and adolescent psychiatrists
paid from funds made available under this section spend a
majority of their time at the school in activities directly
related to the counseling process.
``(d) Limitation on Administrative Costs.--Not more than 3 percent of
the amounts made available under this section in any fiscal year may be
used for administrative costs to carry out this section.
``(e) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who has
documented competence in counseling children and adolescents in
a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in
school counseling or a specialty of counseling granted
by an independent professional organization; or
``(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational
Programs or the equivalent;
``(2) the term `school psychologist' means an individual
who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in the school setting;
``(B) possesses State licensure or certification in
the State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board;
``(3) the term `school social worker' means an individual
who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education; and
``(B) is licensed or certified by the State in which
services are provided; or
``(C) in the absence of such State licensure or
certification, possesses a national credential or
certification as a `school social work specialist'
granted by an independent professional organization;
and
``(4) the term `child and adolescent psychiatrist' means an
individual who--
``(A) possesses State medical licensure; and
``(B) has completed residency training programs in
general and child and adolescent psychiatry.
``(f) Report.--Not later than 1 year after assistance is made
available under this section, the Secretary shall make publicly
available the information from applicants regarding the ratios of
students to school counselors, students to school social workers, and
students to school psychologists.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2002 through 2006.
``PART E--MENTORING PROGRAMS
``SEC. 5501. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Child with greatest need.--The term `child with
greatest need' means a child at risk of educational failure,
dropping out of school, or involvement in criminal or
delinquent activities, or that has lack of strong positive
adult role models.
``(2) Mentor.--The term `mentor' means an individual who
works with a child to provide a positive role model for the
child, to establish a supportive relationship with the child,
and to provide the child with academic assistance and exposure
to new experiences and examples of opportunity that enhance the
ability of the child to become a responsible adult.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 5502. PURPOSES.
``The purposes of this part are to make assistance available to
promote mentoring programs for children with greatest need--
``(1) to assist such children in receiving support and
guidance from a caring adult;
``(2) to improve the academic performance of such children;
``(3) to improve interpersonal relationships between such
children and their peers, teachers, other adults, and family
members;
``(4) to reduce the dropout rate of such children; and
``(5) to reduce juvenile delinquency and involvement in gangs
by such children.
``SEC. 5503. GRANT PROGRAM.
``(a) In General.--In accordance with this section, the Secretary may
make grants to eligible entities to assist such entities in
establishing and supporting mentoring programs and activities that--
``(1) are designed to link children with greatest need
(particularly such children living in rural areas, high crime
areas, or troubled home environments, or such children
experiencing educational failure) with responsible adults,
who--
``(A) have received training and support in
mentoring;
``(B) have been screened using appropriate reference
checks, child and domestic abuse record checks, and
criminal background checks; and
``(C) are interested in working with youth; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to children with
greatest need.
``(B) Promote personal and social responsibility
among children with greatest need.
``(C) Increase participation by children with
greatest need in, and enhance their ability to benefit
from, elementary and secondary education.
``(D) Discourage illegal use of drugs and alcohol,
violence, use of dangerous weapons, promiscuous
behavior, and other criminal, harmful, or potentially
harmful activity by children with greatest need.
``(E) Encourage children with greatest need to
participate in community service and community
activities.
``(F) Encourage children with greatest need to set
goals for themselves or to plan for their futures,
including encouraging such children to make graduation
from secondary school a goal and to make plans for
postsecondary education or training.
``(G) Discourage involvement of children with
greatest need in gangs.
``(b) Eligible Entities.--Each of the following is an entity eligible
to receive a grant under subsection (a):
``(1) A local educational agency.
``(2) A nonprofit, community-based organization.
``(3) A partnership between an agency referred to in
paragraph (1) and an organization referred to in paragraph (2).
``(c) Use of Funds.--
``(1) In general.--Each entity receiving a grant under this
section shall use the grant funds for activities that establish
or implement a mentoring program, including--
``(A) hiring of mentoring coordinators and support
staff;
``(B) providing for the professional development of
mentoring coordinators and support staff;
``(C) recruitment, screening, and training of adult
mentors;
``(D) reimbursement of schools, if appropriate, for
the use of school materials or supplies in carrying out
the program;
``(E) dissemination of outreach materials;
``(F) evaluation of the program using scientifically
based methods; and
``(G) such other activities as the Secretary may
reasonably prescribe by rule.
``(2) Prohibited uses.--Notwithstanding paragraph (1), an
entity receiving a grant under this section may not use the
grant funds--
``(A) to directly compensate mentors;
``(B) to obtain educational or other materials or
equipment that would otherwise be used in the ordinary
course of the entity's operations;
``(C) to support litigation of any kind; or
``(D) for any other purpose reasonably prohibited by
the Secretary by rule.
``(d) Term of Grant.--Each grant made under this section shall be
available for expenditure for a period of 3 years.
``(e) Application.--Each eligible entity seeking a grant under this
section shall submit to the Secretary an application that includes--
``(1) a description of the mentoring plan the applicant
proposes to carry out with such grant;
``(2) information on the children expected to be served by
the mentoring program for which such grant is sought;
``(3) a description of the mechanism that applicant will use
to match children with mentors based on the needs of the
children;
``(4) an assurance that no mentor will be assigned to mentor
so many children that the assignment would undermine either the
mentor's ability to be an effective mentor or the mentor's
ability to establish a close relationship (a one-on-one
relationship, where practicable) with each mentored child;
``(5) an assurance that mentoring programs will provide
children with a variety of experiences and support, including--
``(A) emotional support;
``(B) academic assistance; and
``(C) exposure to experiences that children might not
otherwise encounter on their own;
``(6) an assurance that mentoring programs will be monitored
to ensure that each child assigned a mentor benefits from that
assignment and that there will be a provision for the
assignment of a new mentor if the relationship between the
original mentor is not beneficial to the child;
``(7) information on the method by which mentors and children
will be recruited to the mentor program;
``(8) information on the method by which prospective mentors
will be screened;
``(9) information on the training that will be provided to
mentors; and
``(10) information on the system that the applicant will use
to manage and monitor information relating to the program's
reference checks, child and domestic abuse record checks, and
criminal background checks and to its procedure for matching
children with mentors.
``(f) Selection.--
``(1) Competitive basis.--In accordance with this subsection,
the Secretary shall select grant recipients from among
qualified applicants on a competitive basis.
``(2) Priority.--In selecting grant recipients under
paragraph (1), the Secretary shall give priority to each
applicant that--
``(A) serves children with greatest need living in
rural areas, high crime areas, or troubled home
environments, or who attend schools with violence
problems;
``(B) provides background screening of mentors,
training of mentors, and technical assistance in
carrying out mentoring programs;
``(C) proposes a mentoring program under which each
mentor will be assigned to not more children than the
mentor can serve effectively; or
``(D) proposes a school-based mentoring program.
``(3) Other considerations.--In selecting grant recipients
under paragraph (1), the Secretary shall also consider--
``(A) the degree to which the location of the
programs proposed by each applicant contributes to a
fair distribution of programs with respect to urban and
rural locations;
``(B) the quality of the mentoring programs proposed
by each applicant, including--
``(i) the resources, if any, the applicant
will dedicate to providing children with
opportunities for job training or postsecondary
education;
``(ii) the degree to which parents, teachers,
community-based organizations, and the local
community have participated, or will
participate, in the design and implementation
of the applicant's mentoring program;
``(iii) the degree to which the applicant can
ensure that mentors will develop longstanding
relationships with the children they mentor;
``(iv) the degree to which the applicant will
serve children with greatest need in the 4th,
5th, 6th, 7th, and 8th grades; and
``(v) the degree to which the program will
continue to serve children from the 4th grade
through graduation from secondary school; and
``(C) the capability of each applicant to effectively
implement its mentoring program.
``(4) Grant to each state.--Notwithstanding any other
provision of this subsection, in selecting grant recipients
under paragraph (1), the Secretary shall select not less than 1
grant recipient from each State for which there is a qualified
applicant.
``(g) Model Screening Guidelines.--
``(1) In general.--Based on model screening guidelines
developed by the Office of Juvenile Programs of the Department
of Justice, the Secretary shall develop and distribute to
program participants specific model guidelines for the
screening of mentors who seek to participate in programs to be
assisted under this part.
``(2) Background checks.--The guidelines developed under this
subsection shall include, at a minimum, a requirement that
potential mentors be subject to reference checks, child and
domestic abuse record checks, and criminal background checks.
``SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE.
``(a) In General.--The Comptroller General of the United States shall
conduct a study to identify successful school-based mentoring programs,
and the elements, policies, or procedures of such programs that can be
replicated.
``(b) Report.--Not later than 3 years after the date of enactment of
the Mentoring for Success Act, the Comptroller General shall submit a
report to the Secretary and Congress containing the results of the
study conducted under this section.
``(c) Use of Information.--The Secretary shall use information
contained in the report referred to in subsection (b)--
``(1) to improve the quality of existing mentoring programs
assisted under this part and other mentoring programs assisted
under this Act; and
``(2) to develop models for new programs to be assisted or
carried out under this Act.
``SEC. 5505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out section 5503
$50,000,000 for fiscal year 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006.''.
TITLE VI--IMPACT AID PROGRAM
SEC. 601. PAYMENTS UNDER SECTION 8002 WITH RESPECT TO FISCAL YEARS IN
WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.
(a) Foundation Payments for Pre-1995 Recipients.--Section 8002(h)(1)
(20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``and was eligible to
receive a payment under section 2 of the Act of September 30,
1950'' and inserting ``and that filed, or has been determined
pursuant to statute to have filed a timely application, and
met, or has been determined pursuant to statute to meet, the
eligibility requirements of section 2(a)(1)(C) of the Act of
September 30, 1950''; and
(2) in subparagraph (B), by striking ``(or if the local
educational agency was not eligible to receive a payment under
such section 2 for fiscal year 1994'' and inserting ``(or if
the local educational agency did not meet, or has not been
determined pursuant to statute to meet, the eligibility
requirements of section 2(a)(1)(C) of the Act of September 30,
1950 for fiscal year 1994''.
(b) Payments for 1995 Recipients.--Section 8002(h)(2) (20 U.S.C.
7702(h)(2)) is amended--
(1) in subparagraph (A), by adding at the end before the
period ``, or whose application for fiscal year 1995 was
determined pursuant to statute to be timely filed for purposes
of payments for subsequent fiscal years''; and
(2) in subparagraph (B)(ii), by striking ``for each local
educational agency that received a payment under this section
for fiscal year 1995'' and inserting ``for each local
educational agency described in subparagraph (A)''.
(c) Remaining Funds.--Section 8002(h)(4)(B) (20 U.S.C. 7702(h)(4)(B))
is amended--
(1) by striking ``(in the same manner as percentage shares
are determined for local educational agencies under paragraph
(2)(B)(ii))'' and inserting ``(by dividing the maximum amount
that the agency is eligible to receive under subsection (b) by
the total of the maximum amounts for all such agencies)''; and
(2) by striking ``, except that for the purpose of
calculating a local educational agency's assessed value of the
Federal property'' and inserting ``, except that, for purposes
of calculating a local educational agency's maximum amount
under subsection (b)''.
(d) Application for Payment.--Notwithstanding any other provision of
law, the Secretary shall treat as timely filed an application under
section 8002 (20 U.S.C. 7702) from Academy School District 20,
Colorado, for a payment for fiscal year 1999, and shall process that
application from funds appropriated for that section for fiscal year
2001.
SEC. 602. CALCULATION OF PAYMENT UNDER SECTION 8003 FOR SMALL LOCAL
EDUCATIONAL AGENCIES.
Section 8003(b)(3)(B)(iv) (20 U.S.C. 7703(b)(3)(B)(iv)) is amended by
inserting after ``of the State in which the agency is located'' the
following: ``or less than the average per pupil expenditure of all the
States''.
SEC. 603. CONSTRUCTION.
(a) School Facility Emergency and Modernization Grants.--Section
8007(b) (20 U.S.C. 7707(b)) is amended to read as follows:
``(b) School Facility Emergency and Modernization Grants
Authorized.--
``(1) In general.--From 60 percent of the amount appropriated
for each fiscal year under section 8014(e), the Secretary--
``(A) shall award emergency grants in accordance with
this subsection to eligible local educational agencies
to enable the agencies to carry out emergency repairs
of school facilities; and
``(B) shall award modernization grants in accordance
with this subsection to eligible local educational
agencies to enable the agencies to carry out the
modernization of school facilities.
``(2) Priority.--In approving applications from local
educational agencies for emergency grants and modernization
grants under this subsection, the Secretary shall give priority
to applications for emergency grants and, among such
applications for emergency grants, shall give priority to those
applications of local educational agencies based on the
severity of the emergency.
``(3) Eligibility requirements.--
``(A) Emergency grants.--A local educational agency
is eligible to receive an emergency grant under this
subsection only if--
``(i) the agency (or in the case of a local
educational agency that does not have the
authority to tax or issue bonds, the agency's
fiscal agent)--
``(I) has no practical capacity to
issue bonds;
``(II) has minimal capacity to issue
bonds and is at 75 percent of the
agency's limit of bonded indebtedness;
or
``(III) does not meet the
requirements of subclauses (I) and (II)
but is eligible to receive funds under
section 8003(b)(2) for the fiscal year;
and
``(ii) the agency is eligible to receive
assistance under subsection (a) for the fiscal
year and has a school facility emergency, as
determined by the Secretary, that poses a
health or safety hazard to the students and
school personnel assigned to the school
facility.
``(B) Modernization grants.--A local educational
agency is eligible to receive a modernization grant
under this subsection only if--
``(i) the agency (or in the case of a local
educational agency that does not have the
authority to tax or issue bonds, the agency's
fiscal agent) meets the requirements of
subclause (I), (II), or (III) of subparagraph
(A)(i);
``(ii) the agency is eligible to receive
assistance under section 8002 for the fiscal
year and has an assessed value of real property
per student that may be taxed for school
purposes that is less than the average of the
assessed value of real property per student
that may be taxed for school purposes in the
State in which the local educational agency is
located; and
``(iii) the agency has facility needs
resulting from actions of the Federal
Government, such as enrollment increases due to
the expansion of Federal activities, housing
privatization, or the acquisition of Federal
property.
``(C) Rule of construction.--For purposes of
subparagraph (A)(i), a local educational agency--
``(i) has no practical capacity to issue
bonds if the total assessed value of real
property that may be taxed for school purposes
is less than $25,000,000; and
``(ii) has minimal capacity to issue bonds if
the total assessed value of real property that
may be taxed for school purposes is not less
than $25,000,000 but not more than $50,000,000.
``(4) Award criteria.--In awarding emergency grants and
modernization grants under this subsection, the Secretary shall
consider the following factors:
``(A) The ability of the local educational agency to
respond to the emergency, or to pay for the
modernization project, as the case may be, as measured
by--
``(i) the agency's level of bonded
indebtedness;
``(ii) the assessed value of real property
per student that may be taxed for school
purposes compared to the average of the
assessed value of real property per student
that may be taxed for school purposes in the
State in which the agency is located;
``(iii) the agency's total tax rate for
school purposes (or, if applicable, for capital
expenditures) compared to the average total tax
rate for school purposes (or the average
capital expenditure tax rate, if applicable) in
the State in which the agency is located; and
``(iv) funds that are available to the
agency, from any other source, including
section 8007(a), that may be used for capital
expenditures.
``(B) The percentage of property in the agency that
is nontaxable due to the presence of the Federal
Government.
``(C) The number and percentages of children
described in subparagraphs (A), (B), (C), and (D) of
section 8003(a)(1) served in the school facility with
the emergency or served in the school facility proposed
for modernization, as the case may be.
``(D) In the case of an emergency grant, the severity
of the emergency, as measured by the threat that the
condition of the school facility poses to the health,
safety, and well-being of students.
``(E) In the case of a modernization grant--
``(i) the severity of the need for
modernization, as measured by such factors as--
``(I) overcrowding, as evidenced by
the use of portable classrooms; or
``(II) the agency's inability to
maximize the use of technology or offer
a curriculum in accordance with
contemporary State standards due to the
physical limitations of the current
school facility; and
``(ii) the age of the school facility
proposed for modernization.
``(5) Other award provisions.--
``(A) General provisions.--
``(i) Limitations on amount of funds.--
``(I) In general.--The amount of
funds provided under an emergency grant
or a modernization grant awarded under
this subsection to a local educational
agency that meets the requirements of
subclause (II) or (III) of paragraph
(3)(A)(i)--
``(aa) shall not exceed 50
percent of the total cost of
the project to be assisted
under this subsection; and
``(bb) shall not exceed
$3,000,000 during any 5-year
period.
``(II) In-kind contributions.--A
local educational agency may use in-
kind contributions to meet the matching
requirement of subclause (I)(aa).
``(ii) Prohibitions on use of funds.--A local
educational agency may not use funds provided
under an emergency grant or modernization grant
awarded under this subsection for--
``(I) a project for a school facility
for which the agency does not have full
title or other interest; or
``(II) stadiums or other facilities
primarily used for athletic contests,
exhibitions, or other events for which
admission is charged to the general
public.
``(iii) Supplement not supplant.--A local
educational agency shall use funds provided
under an emergency grant or modernization grant
awarded under this subsection only to
supplement the amount of funds that would, in
the absence of the Federal funds provided under
the grant, be made available from non-Federal
sources to carry out emergency repairs of
school facilities or to carry out the
modernization of school facilities, as the case
may be, and not to supplant such funds.
``(B) Emergency grants.--
``(i) Prohibition on use of funds.--A local
educational agency that is awarded an emergency
grant under this subsection may not use amounts
under the grant for the complete or partial
replacement of an existing school facility
unless such replacement is less expensive or
more cost-effective to correct the identified
emergency.
``(ii) Carry-over of certain applications.--
In the case of a local educational agency that
applies for an emergency grant under this
subsection for a fiscal year and does not
receive the grant for the fiscal year, the
Secretary--
``(I) shall, upon the request of the
agency, treat the application as an
application for an emergency grant
under this subsection for the
subsequent fiscal year in accordance
with the priority requirements of
paragraph (2); and
``(II) shall allow the agency to
amend or otherwise update the
application, as appropriate.
``(6) Application.--A local educational agency that desires
to receive an emergency grant or a modernization grant under
this subsection shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information
as the Secretary may require. Each application shall contain
the following:
``(A) The information described in clauses (i)
through (iv) of paragraph (4)(A) and subparagraphs (B)
and (C) of paragraph (4).
``(B) In the case of an application for an emergency
grant--
``(i) a description of the school facility
deficiency that poses a health or safety hazard
to the occupants of the facility and a
description of how the deficiency will be
repaired; and
``(ii) a signed statement from an appropriate
local official certifying that a deficiency in
the school facility threatens the health or
safety of the occupants of the facility or that
prevents the use of all or a portion of the
building.
``(C) In the case of an application for a
modernization grant--
``(i) an explanation of the need for the
school facility modernization project; and
``(ii) the date on which original
construction of the facility to be modernized
was completed.
``(D) A description of the project for which a grant
under this subsection would be used, including a cost
estimate for the project.
``(E) A description of the interest in, or authority
over, the school facility involved, such as an
ownership interest or a lease arrangement.
``(F) Such other information and assurances as the
Secretary may reasonably require.
``(7) Report.--
``(A) In general.--Not later than January 1 of each
year, the Secretary shall prepare and submit to the
appropriate congressional committees a report that
contains a justification for each grant awarded under
this subsection for the prior fiscal year.
``(B) Definition.--In this paragraph, the term
`appropriate congressional committees' means--
``(i) the Committee on Appropriations and the
Committee on Education and the Workforce of the
House of Representatives; and
``(ii) the Committee on Appropriations and
the Committee on Health, Education, Labor and
Pensions of the Senate.''.
(b) Authorization of Appropriations.--Section 8014(e) (20 U.S.C.
7714(e)) is amended by striking ``for each of the three succeeding
fiscal years'' and inserting ``for fiscal year 2001, $150,000,000 for
fiscal year 2002, and such sums as may be necessary for each of the
four succeeding fiscal years''.
SEC. 604. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by inserting
after ``section 8003(a)(2)(B)'' the following: ``and, with respect to a
local educational agency that receives a payment under section
8003(b)(2), the amount in excess of the amount that the agency would
receive if the agency were deemed to be an agency eligible to receive a
payment under section 8003(b)(1) and not section 8003(b)(2)''.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7714) is amended by striking ``three
succeeding fiscal years'' each place it appears and inserting ``six
succeeding fiscal years''.
SEC. 606. REPEAL OF EXISTING TITLE VI; TRANSFER AND REDESIGNATION OF
PROGRAM.
(a) Repeal of Existing Title VI.--Title VI (20 U.S.C. 7301 et seq.)
is repealed.
(b) Transfer and Redesignation of Program.--(1) Title VIII (20 U.S.C.
7701 et seq.)--
(A) is transferred from the current placement of the title
and inserted after title V; and
(B) is redesignated as title VI.
(2) Title VI (as redesignated by paragraph (1)(B)) is amended--
(A) by redesignating sections 8001 through 8005 (20 U.S.C.
7701-7705) as sections 6001 through 6005, respectively; and
(B) by redesignating sections 8007 through 8014 (20 U.S.C.
7707-7714) as sections 6006 through 6013, respectively.
(c) Conforming Amendments.--(1) Title VI (as redesignated by
subsection (b)) is amended by striking ``8002'', ``8003'', ``8004'',
``8005'', ``8008'', ``8009'', ``8011'', ``8013'', and ``8014'' each
place such terms appear and inserting ``6002'', ``6003'', ``6004'',
``6005'', ``6007'', ``6008'', ``6010'', ``6012'', and ``6013'',
respectively.
(2) Section 6005 (as redesignated by subsection (b)) is amended in
the heading by striking ``8002 and 8003'' and
inserting ``6002 and 6003''.
(3) Section 6009(c)(1) (as redesignated by subsection (b)) is amended
in the heading by striking ``8003'' and inserting ``6003''.
(d) Savings Provision.--Funds appropriated for title VIII of the
Elementary and Secondary Education Act of 1965 (as in effect on the day
before the date of the enactment of this Act) shall be available for
use under title VI of such Act, as added by this section.
TITLE VII--ACCOUNTABILITY
SEC. 701. FLEXIBILITY AND ACCOUNTABILITY.
Title VII is amended to read as follows:
``TITLE VII--FLEXIBILITY AND ACCOUNTABILITY
``PART A--STATE ACCOUNTABILITY FOR IMPROVING ACADEMIC ACHIEVEMENT
``SEC. 7101. STATE FINANCIAL AWARDS.
``(a) In General.--Beginning in the 2002-2003 school year, the
Secretary shall make in accordance with this section financial awards,
to be known as `Achievement in Education Awards', to States that have
made significant progress in improving educational achievement.
``(b) Criteria of Progress.--For the purposes of subsection (a), the
Secretary shall judge progress using each of the following criteria,
giving the greatest weight to the criterion described in paragraph (1):
``(1) The progress of the State's students from economically
disadvantaged families and students from racial and ethnic
minority groups--
``(A) on the assessments administered by the State
under section 1111; and
``(B) beginning in the 2003-2004 school year, on
assessments of 4th and 8th grade reading and
mathematics under--
``(i) the State assessments carried out as
part of the National Assessment of Educational
Progress under section 411 of the National
Education Statistics Act of 1994 (20 U.S.C.
9010); or
``(ii) an assessment selected by the State
that--
``(I) is administered annually;
``(II) yields high quality data that
are valid and reliable;
``(III) meets widely recognized
professional and technical standards,
including specific and rigorous test
security procedures;
``(IV) is developed by an entity
independent from each State and local
government agency in the State in a
manner that protects against any
conflict of interest ;
``(V) has no test questions that are
identical to the test questions used by
the assessment used to meet the State
assessment requirements under section
1111;
``(VI) provides results in such a
form that they may be expressed in
terms of achievement levels that are
consistent with the achievement levels
(basic, proficient, and advanced) set
forth in section 1111;
``(VII) provides results in such a
form that they may be disaggregated, at
a minimum, according to income level
and major racial and ethnic group; and
``(VIII) is administered to all
students or to a representative sample
of students in the 4th and 8th grades
statewide, with a sample size that is
sufficiently large to produce
statistically significant estimates of
statewide student achievement.
``(2) The overall improvement in the achievement of all of
the State's students, as measured by--
``(A) the assessments administered by the State under
section 1111; and
``(B) beginning in the 2003-2004 school year, the
assessments described in paragraph (1)(B).
``(3) The progress of the State in improving the English
proficiency of students who enter school with limited English
proficiency.
``(c) Other Considerations.--In judging a State's progress under
subsection (a), the Secretary may also consider--
``(1) the progress of the State in increasing the percentage
of students who graduate from secondary schools; and
``(2) the progress of the State in increasing the percentage
of students who take advanced coursework (such as Advanced
Placement or International Baccalaureate courses) and who pass
the exams associated with such coursework.
``(d) Amount.--The Secretary shall determine the amount of an award
under subsection (a) based on--
``(1) the school-age population of the State; and
``(2) the degree of progress shown by a State with respect to
the criteria set forth in subsections (b) and (c).
``(e) Use of Funds.--
``(1) In general.--A State receiving a financial award under
this section shall use the proceeds of such award only to make
financial awards to public elementary and secondary schools in
the State that have made the most significant progress with
respect to the criteria described in subsection (b).
``(2) Use by schools.--In consultation with the school's
teachers, the principal of each elementary or secondary school
that receives a financial award from a State under this section
shall use the proceeds of such award at the school for any
educational purpose permitted under State law.
``(3) Responsible state agency.--The State educational agency
for each State shall be the agency responsible for making
awards under this subsection.
``(f) Peer Review.--In selecting States for awards under subsection
(a), the Secretary shall use a peer-review process.
``(g) Costs of Independent Assessments.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall make grants to States to offset the costs of
administering assessments administered by the States to meet
the requirements of (b)(1)(B)(ii).
``(2) Limitations.--Grants made by the Secretary in any year
to a State under paragraph (1)--
``(A) may be awarded only to offset the costs of a
single administration of an assessment described in
such paragraph in the State for that year; and
``(B) may not exceed the costs of administering in
the State for that year the State assessments that
would be carried out under the National Assessment of
Educational Progress described in subsection (b)(1)(B).
``(3) Allocation.--The Secretary may determine the
appropriate methodology of allocating grants to States under
this subsection.
``SEC. 7102. STATE SANCTIONS.
``(a) Failure to Make Progress.--
``(1) Loss of administrative funds.--The Secretary shall
reduce, by 30 percent, the amount of funding that a State may
reserve for State administration under the State formula grant
programs authorized by this Act if the Secretary determines
that, for 2 consecutive years--
``(A) the State's students from economically
disadvantaged families and students from racial and
ethnic minority groups failed to make adequate yearly
progress on the assessments administered by the State
under section 1111; and
``(B) the State's students from economically
disadvantaged families and students from racial and
ethnic minority groups failed to make measurable
progress in reading and mathematics, as measured by the
4th and 8th grade assessments described in subsection
(b)(1)(B).
``(2) Further reductions.--In each of the first 2 years after
the years described in paragraph (1), the Secretary may
increase the reduction described in such paragraph by any
amount not more than a total of an additional 45 percent.
``(b) Other Failures.--In addition to any action taken under
subsection (a)(1) or (a)(2), the Secretary shall reduce, by 20 percent,
the amount of funding that a State may reserve for State administration
under the State formula grant programs authorized by this Act if the
Secretary determines that, for 2 consecutive years, the State failed to
make adequate yearly progress--
``(1) with respect to the achievement of children with
limited English proficiency under section
1111(b)(2)(C)(iii)(II)(dd); or
``(2) with respect to the acquisition of English language
proficiency by children with limited English proficiency under
section 1111(b)(2)(C)(iii)(III).
``(c) Use of Funds for Improvement.--
``(1) In general.--The Secretary shall require that any funds
reduced under this section be allocated by the State to local
educational agencies in the State for school improvement
purposes described in section 1116.
``(2) Treatment of funds.--Funds described in paragraph (1)
shall not count toward the amounts that are required to be
reserved by a State for school improvement under section 1003.
``SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND ASSESSMENTS.
``(a) In General.--The Secretary shall make financial awards to
States to enable the States--
``(1) to pay the costs of the development of the additional
State assessments and standards required by section 1111(b),
including the costs of working in voluntary partnerships with
other States, at the sole discretion of each such State, in
developing such assessments and standards if a State chooses to
do so; and
``(2) if a State has developed the assessments and standards
referred to in paragraph (1), to administer such assessments or
to carry out other activities described in this title and other
activities related to ensuring accountability for results in
the State's schools and local educational agencies, such as--
``(A) developing academic content and achievement
standards and aligned assessments in other subjects not
required by Section 1111;
``(B) developing assessments of English language
proficiency necessary to comply with section
1111(b)(7);
``(C) assuring the continued validity and reliability
of State assessments;
``(D) refining State assessments to ensure their
continued alignment with the State's academic content
standards and to improve the alignment of curricula and
instruction materials;
``(E) providing for multiple measures to increase the
reliability and validity of student and school
classifications;
``(F) strengthening the capacity of local educational
agencies and schools to provide all students the
opportunity to increase educational achievement;
``(G) expanding the range of accommodations available
to students with limited English proficiency and
students with disabilities to improve the rates of
inclusion of such students; and
``(H) improving the dissemination of information on
student achievement and school performance to parents
and the community.
``(b) Bonuses.--The Secretary shall make a one-time bonus payment to
each State that completes the development of the assessments described
in subsection (a) ahead of the deadline set forth in section 1111.
``SEC. 7104. FUNDING.
``(a) Authorization of Appropriations.--
``(1) Awards and bonus payments.--For the purposes of making
awards under section 7101 and bonus payments under section
7103(b), there are authorized to be appropriated $40,000,000
for fiscal year 2002 and such sums as may be necessary for each
of fiscal years 2003 through 2006.
``(2) Grants for independent assessments; administration of
state assessments under naep.--For the purposes of making
grants to offset the costs of independent assessments under
section 7101(g) and for the purposes of administering the State
assessments carried out under the National Assessment of
Educational Progress referred to in section 7101(b)(1)(B)(i),
there are authorized to be appropriated to the Secretary
$69,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
``(3) Development and administration of state standards and
assessments.--For the purposes of carrying out subsection
7103(a), there are authorized to be appropriated $400,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the fiscal years 2003 through 2005.
``(b) Allocation of Appropriated Funds.--From each of the amounts
appropriated under subsection (a), the Secretary shall allocate to the
States--
``(1) 50 percent based on the relative number of children
aged 5 to 17 in each State; and
``(2) 50 percent allocated equally among the States.
``PART B--FUNDING FLEXIBILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES
``SEC. 7201. SHORT TITLE.
``This part may be cited as the `State and Local Transferability
Act'.
``SEC. 7202. PURPOSE.
``The purpose of this part is to allow States and local educational
agencies the flexibility--
``(1) to target Federal funds to Federal programs that most
effectively address the unique needs of States and localities;
and
``(2) to transfer Federal funds allocated to other activities
to allocations for activities authorized under title I
programs.
``SEC. 7203. TRANSFERABILITY OF FUNDS.
``(a) Transfers by States.--
``(1) In general.--In accordance with this part, a State may
transfer up 50 percent of the nonadministrative State funds
allocated to the State for use for State-level activities under
each of the following provisions to 1 or more of the State's
allocations under any other of such provisions:
``(A) Part A of Title II.
``(B) Subpart 1 of part A of title IV.
``(C) Part A or B of title V.
``(2) Supplemental funds for title I.--In accordance with
this part, a State may transfer any funds allocated to the
State under a provision listed in paragraph (1) to its
allocation under title I.
``(b) Transfers by Local Educational Agencies.--
``(1) Authority to transfer funds.--
``(A) In general.--In accordance with this part, a
local educational agency (except a local educational
agency identified for improvement under section
1116(c)(2) or subject to corrective action under
section 1116(c)(9)) may transfer not more than 50
percent of the funds allocated to it under each of the
provisions listed in paragraph (2) for a fiscal year to
1 or more of its allocations for such fiscal year under
any other provision listed in paragraph (2).
``(B) Agencies identified for improvement.--A local
educational agency identified for improvement under
section 1116(c)(2) may transfer in accordance with this
part not more than 30 percent of the funds allocated to
it under each of the provisions listed in paragraph
(2)--
``(i) to its allocation for school
improvement under section 1003;
``(ii) to any other allocation if such
transferred funds are used only for local
educational agency improvement activities
consistent with section 1116(d).
``(C) Supplemental funds for title I.--In accordance
with this part, a local educational agency may transfer
funds allocated to such agency under a provision listed
in paragraph (2) to its allocation under title I.
``(2) Applicable provisions.--A local educational agency may
transfer funds under subparagraph (A) or (B) from allocations
made under each of the following provisions:
``(A) Title II.
``(B) Subpart 1 of Part A of title IV.
``(C) Part A of title V or section 5212(2)(A).
``(c) No Transfer of Title I Funds.--A State or a local educational
agency may not transfer under this part to any other program any funds
allocated to it under title I.
``(d) Modification of plans and applications; notification.--
``(1) State transfers.--Each State that makes a transfer of
funds under this section shall--
``(A) modify to account for such transfer each State
plan, or application submitted by the State, to which
such funds relate;
``(B) not later than 30 days after the date of such
transfer, submit a copy of such modified plan or
application to the Secretary; and
``(C) not later than 30 days before the effective
date of such transfer, notify the Secretary of such
transfer.
``(2) Local transfers.--Each local educational agency that
makes a transfer under this section shall--
``(A) modify to account for such transfer each local
plan, or application submitted by the agency, to which
such funds relate;
``(B) not later than 30 days after the date of such
transfer, submit a copy of such modified plan or
application to the State; and
``(C) not later than 30 days before the effective
date of such transfer, notify the State of such
transfer.
``(e) Applicable rules.--
``(1) In general.--Except as otherwise provided in this part,
funds transferred under this section are subject to each of the
rules and requirements applicable to the funds allocated by the
Secretary under the provision to which the transferred funds
are transferred.
``(2) Consultation.--Each State educational agency or local
educational agency that transfers funds under this section
shall conduct consultations in accordance with section 8503(c),
if such transfer transfers funds from a program that provides
for the participation of students, teachers, or other
educational personnel, from private schools.''.
TITLE VIII--GENERAL PROVISIONS
SEC. 801. GENERAL PROVISIONS.
The Elementary and Secondary Education Act of 1965, as amended by
this Act, is further amended by adding at the end of title VII the
following:
``TITLE VIII--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 8101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this Act, the
following terms have the following meanings:
``(1) Average daily attendance--
``(A) Except as provided otherwise by State law or
this paragraph, the term `average daily attendance'
means--
``(i) the aggregate number of days of
attendance of all students during a school
year; divided by
``(ii) the number of days school is in
session during such school year.
``(B) The Secretary shall permit the conversion of
average daily membership (or other similar data) to
average daily attendance for local educational agencies
in States that provide State aid to local educational
agencies on the basis of average daily membership or
such other data.
``(C) If the local educational agency in which a
child resides makes a tuition or other payment for the
free public education of the child in a school located
in another school district, the Secretary shall, for
purposes of this Act--
``(i) consider the child to be in attendance
at a school of the agency making such payment;
and
``(ii) not consider the child to be in
attendance at a school of the agency receiving
such payment.
``(D) If a local educational agency makes a tuition
payment to a private school or to a public school of
another local educational agency for a child with
disabilities, as defined in paragraph (5), the
Secretary shall, for the purposes of this Act, consider
such child to be in attendance at a school of the
agency making such payment.
``(2) Average per-pupil expenditure.--The term `average per-
pupil expenditure' means, in the case of a State or of the
United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by the
State for the operation of such agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom such agencies provided free
public education during such preceding year.
``(3) Beginning teacher.--The term `beginning teacher' means
an educator in a public school who has been teaching less than
a total of 3 complete school years.
``(4) Child.--The term `child' means any person within the
age limits for which the State provides free public education.
``(5) Child with disability.--The term `child with a
disability' means a child--
``(A) with mental retardation, hearing impairments
(including deafness), speech or language impairments,
visual impairments (including blindness), serious
emotional disturbance (hereinafter referred to as
`emotional disturbance'), orthopedic impairments,
autism, traumatic brain injury, other health
impairments, or specific learning disabilities; and
``(B) who, by reason thereof, needs special education
and related services.
``(6) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(7) Consolidated local application.--The term `consolidated
local application' means an application submitted by a local
educational agency pursuant to section 14305.
``(8) Consolidated local plan.--The term `consolidated local
plan' means a plan submitted by a local educational agency
pursuant to section 14305.
``(9) Consolidated state application.--The term `consolidated
State application' means an application submitted by a State
educational agency pursuant to section 14302.
``(10) Consolidated state plan.--The term `consolidated State
plan' means a plan submitted by a State educational agency
pursuant to section 14302.
``(11) County.--The term `county' means one of the divisions
of a State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(12) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) part B of title I;
``(C) part C of title I;
``(D) part D of title I;
``(E) part F of title I;
``(F) part G of title I;
``(G) part A of title II;
``(H) part A of title III;
``(I) part A of title V;
``(J) part B of title V; and
``(K) part A of title IV:
``(13) Current expenditures.--The term `current expenditures'
means expenditures for free public education--
``(A) including expenditures for administration,
instruction, attendance, pupil transportation services,
operation and maintenance of plant, fixed charges, and
net expenditures to cover deficits for food services
and student body activities; but
``(B) not including expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds received under title I and
part A of title IV.
``(14) Department.--The term `Department' means the
Department of Education.
``(15) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(16) Effective schools program.--The term `effective
schools program' means a school-based program that may
encompass preschool through secondary school levels and that
has the objectives of--
``(A) promoting school-level planning, instructional
improvement, and staff development;
``(B) increasing the academic achievement levels of
all children and particularly educationally
disadvantaged children; and
``(C) achieving as ongoing conditions in the school
the following factors identified through scientifically
based research as distinguishing effective from
ineffective schools:
``(i) Strong and effective administrative and
instructional leadership that creates consensus
on instructional goals and organizational
capacity for instructional problem solving.
``(ii) Emphasis on the acquisition of basic
and advanced academic skills.
``(iii) A safe and orderly school environment
that allows teachers and pupils to focus their
energies on academic achievement.
``(iv) Continuous review of students and
programs to evaluate the effects of
instruction.
``(17) Elementary school.--The term `elementary school' means
a nonprofit institutional day or residential school, including
a public elementary charter school, that provides elementary
education, as determined under State law.
``(18) Essential components of reading instruction.--The term
`essential components of reading instruction' means explicit
and systematic instruction in--
``(A) phonemic awareness;
``(B) phonics;
``(C) vocabulary development;
``(D) reading fluency; and
``(E) reading comprehension strategies.
``(19) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between parents
and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to economic
self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(20) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such
term does not include any education provided beyond
grade 12.
``(21) Fully qualified.--The term `fully qualified'--
``(A) when used with respect to a public elementary
or secondary school teacher means that the teacher has
obtained State certification as a teacher (including
certification obtained through alternative routes to
certification) or passed the State teacher licensing
exam and holds a license to teach in such State, except
that when used with respect to any teacher teaching in
a public charter school, means that the teacher meets
the requirements set forth in the State's public
charter school law; and
``(B) when used with respect to--
``(i) an elementary school teacher, means
that the teacher holds a bachelor's degree and
demonstrates knowledge and teaching skills in
reading, writing, mathematics, science, and
other areas of the elementary school
curriculum; and
``(ii) a middle or secondary school teacher,
means that the teacher holds a bachelor's
degree and demonstrates a high level of
competency in all subject areas in which he or
she teaches through--
``(I) a passing level of performance
on a rigorous State or local academic
subject areas test; or
``(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
``(22) Gifted and talented.--The term `gifted and talented',
when used with respect to students, children or youth, means
students, children or youth who give evidence of high
performance capability in areas such as intellectual, creative,
artistic, or leadership capacity, or in specific academic
fields, and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
``(23) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965.
``(24) Limited english proficient student.--The term `limited
English proficient student' means an individual aged 5 through
17 enrolled in an elementary school or secondary school--
``(A) who--
``(i) was not born in the United States or
whose native language is a language other than
English;
``(ii)(I) is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
``(II) comes from an environment where a
language other than English has had a
significant impact on such individual's level
of English language proficiency; or
``(iii) is migratory, whose native language
is a language other than English, and who comes
from an environment where a language other than
English is dominant; and
``(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny the
individual--
``(i) the ability to meet the State's
proficient level of performance on State
assessments described in section 1111(b)(4) in
core academic subjects; or
``(ii) the opportunity to participate fully
in society.
``(25) Local educational agency.--(A) The term `local
educational agency' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
``(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
``(D) The term includes educational service agencies and
consortia of such agencies.
``(26) Mentoring.--The term `mentoring' means a program in
which an adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and introducing the child or youth to new
experiences that enhance the child or youth's ability to excel
in school and become a responsible citizen.
``(27) Native american and native american language.--The
terms `Native American' and `Native American language' shall
have the same meaning given such terms in section 103 of the
Native American Languages Act of 1990.
``(28) Other staff.--The term `other staff' means pupil
services personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(29) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, and through
fiscal year 2003 and for the purpose of any discretionary grant
program, includes the freely associated states of the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
``(30) Parent.--The term `parent' includes a legal guardian,
or other person standing in loco parentis (such as a
grandparent or stepparent with whom the child lives, or a
person who is legally responsible for the child's welfare).
``(31) Pupil services personnel; pupil services.--(A) The
term `pupil services personnel' means school counselors, school
social workers, school psychologists, and other qualified
professional personnel involved in providing assessment,
diagnosis, counseling, educational, therapeutic, and other
necessary services (including related services as such term is
defined in section 602(22) of the Individuals with Disabilities
Education Act) as part of a comprehensive program to meet
student needs.
``(B) The term `pupil services' means the services provided
by pupil services personnel.
``(32) Reading.--The term `reading' means a complex system of
deriving meaning from print that requires all of the following:
``(A) Skills and knowledge to understand how
phonemes, or speech sounds are connected in print.
``(B) Ability to decode unfamiliar words.
``(C) Ability to read fluently.
``(D) Sufficient background information and
vocabulary to foster reading comprehensions.
``(E) Development of appropriate active strategies to
construct meaning from print.
``(F) Development and maintenance of a motivation to
read.
``(33) Rigorous diagnostic reading and screening assessment
tools.--The term `rigorous diagnostic reading and screening
assessment tools' means a diagnostic reading assessment that--
``(A) is valid, reliable, and grounded on
scientifically based reading research;
``(B) measures progress in developing phonemic
awareness and phonics skills, vocabulary, reading
fluency, and reading comprehension;
``(C) identifies students who may be at risk for
reading failure or who are having difficulty reading;
and
``(D) are used to improve instruction.
``(34) Scientifically based research.--The term
`scientifically based research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to education activities and programs; and
``(B) shall include research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
``(iv) is evaluated using randomized
experiments in which individuals, entities,
programs, or activities are randomly assigned
to different variations (including a control
condition) to compare the relative effects of
the variations; and
``(v) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
``(35) Secondary school.--The term `secondary school' means a
nonprofit institutional day or residential school, including a
public secondary charter school, that provides secondary
education, as determined under State law, except that such term
does not include any education beyond grade 12.
``(36) Secretary.--The term `Secretary' means the Secretary
of Education.
``(37) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(38) State educational agency.--The term `State educational
agency' means the agency primarily responsible for the State
supervision of public elementary and secondary schools.
``(39) Technology.--The term `technology' means the latest
state-of-the-art technology products and services.
``SEC. 8102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title VI of this
Act.
``SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.
``For purposes of any competitive program under this Act, a consortia
of schools operated by the Bureau of Indian Affairs, a school operated
under a contract or grant with the Bureau of Indian Affairs in
consortia with another contract or grant school or tribal or community
organization, or a Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school and tribal
or community organization shall be given the same consideration as a
local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may consolidate
the amounts specifically made available to such agency for
State administration under one or more of the programs under
paragraph (2) if such State educational agency can demonstrate
that the majority of such agency's resources are derived from
non-Federal sources.
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used for
administration, and such other programs as the Secretary may
designate.
``(b) Use of funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation under
subsection (a), such as--
``(A) the coordination of such programs with other
Federal and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding
model programs and practices;
``(E) technical assistance under any program under
this Act;
``(F) State level activities designed to carry out
this title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the Department
of Education.
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State administration
under this section, the Secretary may periodically review the
performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as the
Secretary finds appropriate to ensure the effectiveness of such
administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to such agency under this
section for administration, such agency may use such funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``SEC. 8202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local educational
agency, in such agency's applications or plans under this Act, shall
describe how such agency will eliminate duplication in the conduct of
administrative functions.
``SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of the
Secretary and for any fiscal year, a local educational agency, with the
approval of its State educational agency, may consolidate and use for
the administration of one or more programs under this Act (or such
other programs as the Secretary shall designate) not more than the
percentage, established in each such program, of the total available
for the local educational agency under such programs.
``(b) State Procedures.--Within one-year from the date of enactment
of the No Child Left Behind Act of 2001, a State educational agency
shall, in collaboration with local educational agencies in the State,
establish procedures for responding to requests from local educational
agencies to consolidate administrative funds under subsection (a) and
for establishing limitations on the amount of funds under such programs
that may be used for administration on a consolidated basis.
``(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year shall not
use any other funds under the programs included in the consolidation
for administration for that fiscal year.
``(d) Uses of Administrative Funds.--A local educational agency that
consolidates administrative funds under this section may use such
consolidated funds for the administration of such programs and for
uses, at the school district and school levels, comparable to those
described in section 8201(b)(2).
``(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of such programs included in the consolidation.
``SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under subpart 1
of part B of title III, and the education for homeless children
and youth program under subtitle B of title VII of the Stewart
B. McKinney Homeless Assistance Act, the amounts allotted to
the Department of the Interior under those programs.
``(2) Agreement.--(A) The Secretary and the Secretary of the
Interior shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those program funds under terms
that the Secretary determines best meet the purposes of those
programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the
Interior for the use of the amount transferred and the
performance measures to assess program effectiveness,
including measurable goals and objectives; and
``(ii) be developed in consultation with Indian
tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
such department's costs related to the administration of the funds
transferred under this section.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 8301. PURPOSE.
``The purposes of this part are to improve teaching and learning
through greater coordination between programs and to provide greater
flexibility to State and local authorities by allowing the
consolidation of State and local plans, applications, and reporting.
``SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for States under this Act,
the Secretary, in accordance with subsection (b), shall
establish procedures and criteria under which a State
educational agency, in consultation with the State's Governor,
may submit a consolidated State plan or a consolidated State
application meeting the requirements of this section for--
``(A) any programs under this Act in which the State
participates; and
``(B) such other programs as the Secretary may
designate.
``(2) Consolidated applications and plans.--A State
educational agency, in consultation with the State's Governor,
that submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
a separate State plan or application for a program included in
the consolidated State plan or application.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with
Governors, State educational agencies and, as appropriate, with
other State agencies, local educational agencies, public and
private nonprofit agencies, organizations, and institutions,
private schools, and representatives of parents, students, and
teachers.
``(2) Contents.--Through the collaborative process described
in paragraph (1), the Secretary shall establish, for each
program under the Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require only
descriptions, information, assurances, and other materials that
are absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.
``SEC. 8303. CONSOLIDATED REPORTING.
``In order to simplify reporting requirements and reduce reporting
burdens, the Secretary shall establish procedures and criteria under
which a State educational agency, in consultation with the State's
Governor, may submit a consolidated State annual report. Such report
shall contain information about the programs included in the report,
including the State's performance under those programs, and other
matters as the Secretary determines, such as monitoring activities.
Such a report shall take the place of separate individual annual
reports for the programs subject to it.
``SEC. 8304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency, in consultation with
the State's Governor, that submits a consolidated State plan or
consolidated State application under this Act, whether separately or
under section 8302, shall have on file with the Secretary a single set
of assurances, applicable to each program for which such plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the law
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
``(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or other
Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such information
to the Secretary, and afford access to the records as
the Secretary may find necessary to carry out the
Secretary's duties; and
``(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity for
public comment on the plan or application and has considered
such comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--A local educational agency receiving funds
under more than one program under this Act may submit plans or
applications to the Governor and State educational agency under such
programs on a consolidated basis.
``(b) Required Consolidated Plans or Applications.--A State that has
an approved consolidated State plan or application under section 8302
may require local educational agencies in the State receiving funds
under more than one program included in the consolidated State plan or
consolidated State application to submit consolidated local plans or
applications under such programs, but may not require such agencies to
submit separate plans.
``(c) Collaboration.--A Governor and State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the consolidated State
plans or consolidated State applications under this section.
``(d) Necessary Materials.--The State shall require only
descriptions, information, assurances, and other material that are
absolutely necessary for the consideration of the local educational
agency plan or application.
``SEC. 8306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State that submits a
plan or application under this Act, shall have on file with the State a
single set of assurances, applicable to each program for which a plan
or application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant under
each such program;
``(6) the applicant will--
``(A) make reports to the Governor and State
educational agency and the Secretary as may be
necessary to enable such agency and the Secretary to
perform their duties under each such program; and
``(B) maintain such records, provide such
information, and afford access to the records as the
Governor and State educational agency or the Secretary
may find necessary to carry out the State's or the
Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of this Act
or the Carl D. Perkins Vocational and Technical Education Act of 1998
for a State educational agency, local educational agency, Indian tribe,
or school through a local educational agency, that--
``(1) receives funds under a program authorized by this Act;
and
``(2) requests a waiver under subsection (b).
``(b) Request for Waiver.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a waiver
shall submit a waiver application to the Secretary that--
``(A) indicates each Federal program affected and
each statutory or regulatory requirement requested to
be waived;
``(B) describes the purpose and overall expected
results of waiving each such requirement;
``(C) describes, for each school year, specific,
measurable, educational goals for the State educational
agency and for each local educational agency, Indian
tribe, or school that would be affected by the waiver;
and
``(D) explains why the waiver will assist the State
educational agency and each affected local educational
agency, Indian tribe, or school in reaching such goals.
``(2) Additional information.--Such requests--
``(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on
behalf of such agencies and schools) to State
educational agencies; and
``(II) by State educational agencies (on
behalf of, and based upon the requests of,
local educational agencies) to the Secretary;
or
``(ii) by Indian tribes (on behalf of schools
operated by such tribes) to the Secretary.
``(3) General requirements.--
``(A) In the case of a waiver request submitted by a
State educational agency acting in its own behalf, the
State educational agency shall--
``(i) provide all interested local
educational agencies in the State with notice
and a reasonable opportunity to comment on the
request;
``(ii) submit the comments to the Secretary;
and
``(iii) provide notice and information to the
public regarding the waiver request in the
manner that the applying agency customarily
provides similar notices and information to the
public.
``(B) In the case of a waiver request submitted by a
local educational agency that receives funds under this
Act--
``(i) such request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of such State educational
agency; and
``(ii) notice and information regarding the
waiver request shall be provided to the public
by the agency requesting the waiver in the
manner that such agency customarily provides
similar notices and information to the public.
``(c) Restrictions.--The Secretary shall not waive under this section
any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, or other recipients of funds under
this Act;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(5) equitable participation of private school students and
teachers;
``(6) parental participation and involvement;
``(7) applicable civil rights requirements;
``(8) the requirement for a charter school under part B of
title IV; or
``(9) the prohibitions regarding--
``(A) State aid in section 8502;
``(B) use of funds for religious worship or
instruction in section 8507; and
``(C) activities in section 8513.
``(d) Duration and Extension of Waiver.--
``(1) In general.--Except as provided in paragraph (2), the
duration of a waiver approved by the Secretary under this
section may be for a period not to exceed 5 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines that--
``(A) the waiver has been effective in enabling the
State or affected recipients to carry out the
activities for which the waiver was requested and the
waiver has contributed to improved student performance;
and
``(B) such extension is in the public interest.
``(e) Reports.--
``(1) Local waiver.--A local educational agency that receives
a waiver under this section shall at the end of the second year
for which a waiver is received under this section, and each
subsequent year, submit a report to the State educational
agency that--
``(A) describes the uses of such waiver by such
agency or by schools;
``(B) describes how schools continued to provide
assistance to the same populations served by the
programs for which waivers are requested; and
``(C) evaluates the progress of such agency and of
schools in improving the quality of instruction or the
academic performance of students.
``(2) State waiver.--A State educational agency that receives
reports required under paragraph (1) shall annually submit a
report to the Secretary that is based on such reports and
contains such information as the Secretary may require.
``(3) Indian tribe waiver.--An Indian tribe that receives a
waiver under this section shall annually submit a report to the
Secretary that--
``(A) describes the uses of such waiver by schools
operated by such tribe; and
``(B) evaluates the progress of such schools in
improving the quality of instruction or the academic
performance of students.
``(4) Report to congress.--Beginning in fiscal year 2002 and
each subsequent year, the Secretary shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate a report--
``(A) summarizing the uses of waivers by State
educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to
students; or
``(ii) improved the academic performance of
students.
``(f) Termination of Waivers.--The Secretary shall terminate a waiver
under this section if the Secretary determines, after notice and an
opportunity for a hearing, that the performance of the State or other
recipient affected by the waiver has been inadequate to justify a
continuation of the waiver or if the waiver is no longer necessary to
achieve its original purposes.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of such
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``PART E--UNIFORM PROVISIONS
``SEC. 8501. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive funds under
a covered program for any fiscal year only if the State educational
agency finds that either the combined fiscal effort per student or the
aggregate expenditures of such agency and the State with respect to the
provision of free public education by such agency for the preceding
fiscal year was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second preceding fiscal year.
``(b) Reduction in Case of Failure To Meet.--
``(1) In general.--The State educational agency shall reduce
the amount of the allocation of funds under a covered program
in any fiscal year in the exact proportion to which a local
educational agency fails to meet the requirement of subsection
(a) of this section by falling below 90 percent of both the
combined fiscal effort per student and aggregate expenditures
(using the measure most favorable to such local agency).
``(2) Special rule.--No such lesser amount shall be used for
computing the effort required under subsection (a) of this
section for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of this
section if the Secretary determines that such a waiver would be
equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of the
local educational agency.
``SEC. 8502. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under this Act
(other than under title VI) in determining the eligibility of any local
educational agency in such State for State aid, or the amount of State
aid, with respect to free public education of children.
``SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this Act,
to the extent consistent with the number of eligible children
in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
such agencies, or another entity receiving financial assistance
under a program specified in subsection (b), who are enrolled
in private elementary and secondary schools in areas served by
such agency, consortium or entity, such agency, consortium or
entity shall, after timely and meaningful consultation with
appropriate private school officials, provide such children and
their teachers or other educational personnel, on an equitable
basis, special educational services or other benefits that
address their needs under such program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other benefits
provided under this section for such private school children,
teachers, and other educational personnel shall be equitable in
comparison to services and other benefits for public school
children, teachers, and other educational personnel
participating in such program and shall be provided in a timely
manner.
``(4) Expenditures.--Expenditures for educational services
and other benefits provided under this section to eligible
private school children, their teachers, and other educational
personnel serving such children shall be equal, taking into
account the number and educational needs of the children to be
served, to the expenditures for participating public school
children.
``(5) Provision of services.--Such agency, consortium or
entity described in subsection (a)(1) of this section may
provide such services directly or through contracts with public
and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) part B, subpart 1 of title I;
``(B) part C of title I;
``(C) part A of title II;
``(D) part A of title III.
``(E) part A of title V; and
``(F) part B of title V;
``(2) Definition.--For the purposes of this section, the term
`eligible children' means children eligible for services under
a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of such agencies
or entity shall consult with appropriate private school
officials during the design and development of the programs
under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve such
services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
teachers, and other educational personnel and the
amount of funds available for such services; and
``(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services,
including a thorough consideration and analysis of the
views of the private school officials on the provision
of contract services through potential third party
providers.
``(2) Disagreement.--If the agency, consortium or entity
disagrees with the views of the private school officials on the
provision of services through a contract, the agency,
consortium, or entity shall provide in writing to such private
school officials an analysis of the reasons why the local
educational agency has chosen not to use a contractor.
``(3) Timing.--Such consultation shall occur before the
agency, consortium, or entity makes any decision that affects
the opportunities of eligible private school children,
teachers, and other educational personnel to participate in
programs under this Act, and shall continue throughout the
implementation and assessment of activities under this section.
``(4) Discussion required.--Such consultation shall include a
discussion of service delivery mechanisms that the agency,
consortium, or entity could use to provide equitable services
to eligible private school children, teachers, administrators,
and other staff.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with such funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer such funds and property.
``(2) Provision of services.--
``(A) The provision of services under this section
shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency
with an individual, association, agency,
organization, or other entity.
``(B) In the provision of such services, such
employee, person, association, agency, organization or
other entity shall be independent of such private
school and of any religious organization, and such
employment or contract shall be under the control and
supervision of such public agency.
``(C) Funds used to provide services under this
section shall not be commingled with non-Federal funds.
``SEC. 8504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State educational agency,
local educational agency, educational service agency, consortium, or
other entity of such agencies, is prohibited from providing for the
participation in programs of children enrolled in, or teachers or other
educational personnel from, private elementary and secondary schools,
on an equitable basis, or if the Secretary determines that such agency
consortium or entity has substantially failed or is unwilling to
provide for such participation, as required by section 8503, the
Secretary shall--
``(1) waive the requirements of that section for such agency,
consortium, or entity;
``(2) arrange for the provision of equitable services to such
children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 8503, 8505, and 8506; and
``(3) in making the determination, consider one or more
factors, including the quality, size, scope, location of the
program and the opportunity of private school children,
teachers, and other educational personnel to participate.
``SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 8503 by a State
educational agency, local educational agency, educational service
agency, consortium of such agencies or entity. Such individual or
organization shall submit such complaint to the State educational
agency for a written resolution by the State educational agency within
a reasonable period of time.
``(b) Appeals to Secretary.--Such resolution may be appealed by an
interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within a reasonable period of time. Such appeal shall be
accompanied by a copy of the State educational agency's resolution, and
a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal not later than
120 days after receipt of the appeal.
``SEC. 8506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--
``(1) In general.--
``(A) The Secretary shall not take any final action
under section 8504 until the State educational agency,
local educational agency, educational service agency,
consortium of such agencies or entity affected by such
action has had an opportunity, for not less than 45
days after receiving written notice thereof, to submit
written objections and to appear before the Secretary
to show cause why that action should not be taken.
``(B) Pending final resolution of any investigation
or complaint that could result in a determination under
this section, the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
``(2) Petition for review.--
``(A) If such affected agency consortium or entity is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency consortium
or entity may, within 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action.
``(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary.
``(C) The Secretary upon receipt of the copy of the
petition shall file in the court the record of the
proceedings on which the Secretary based this action,
as provided in section 2112 of title 28, United States
Code.
``(3) Findings of fact.--
``(A) The findings of fact by the Secretary, if
supported by substantial evidence, shall be conclusive,
but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the
Secretary may then make new or modified findings of
fact and may modify the Secretary's previous action,
and shall file in the court the record of the further
proceedings.
``(B) Such new or modified findings of fact shall
likewise be conclusive if supported by substantial
evidence.
``(4) Jurisdiction.--
``(A) Upon the filing of such petition, the court
shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in
part.
``(B) The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254
of title 28, United States Code.
``(b) Determination.--Any determination by the Secretary under this
section shall continue in effect until the Secretary determines, in
consultation with such agency, consortium or entity and representatives
of the affected private school children, teachers, or other educational
personnel that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable requirements
of section 8503 or any other provision of this Act.
``(c) Payment From State allotment.--When the Secretary arranges for
services pursuant to this section, the Secretary shall, after
consultation with the appropriate public and private school officials,
pay the cost of such services, including the administrative costs of
arranging for those services, from the appropriate allocation or
allocations under this Act.
``(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the date of
enactment of the No Child Left Behind Act of 2001 shall remain in
effect to the extent the Secretary determines that such determination
is consistent with the purpose of this section.
``SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
``Nothing contained in this Act shall be construed to authorize the
making of any payment under this Act for religious worship or
instruction.
``SEC. 8508. APPLICABILITY.
``Nothing in this Act shall be construed to affect home schools,
whether or not a home school is treated as a home school or a private
school under State law (consistent with section 8509), nor shall any
home schooled student be required to participate in any assessment
referenced in this Act.
``SEC. 8509. PRIVATE SCHOOLS.
``Nothing in this Act shall be construed to affect any private school
that does not receive funds or services under this Act nor shall any
student who attends a private school that does not receive funds or
services under this Act be required to participate in any assessment
referenced in this Act.
``SEC. 8510. PRIVACY OF ASSESSMENT RESULTS.
``Any results from individual assessments referenced in this Act
which become part of the education records of the student shall have
the protections as provided in section 444 of the General Education
Provisions Act.
``SEC. 8511. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC
SCHOOLS.
``Nothing in this Act, or any other Act administered by the
Department, shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is treated as a
private school or home school under State law. This section shall not
be construed to bar private, religious, or home schools from
participation in programs or services under this Act.
``SEC. 8512. SCHOOL PRAYER.
``As a condition for receipt of funds under this Act, a local
educational agency shall certify in writing to the Secretary that no
policy of the agency prevents or otherwise denies participation in
constitutionally protected prayer in public schools.
``SEC. 8513. GENERAL PROHIBITIONS.
``(a) Prohibition.--None of the funds authorized under this Act shall
be used--
``(1) to develop or distribute materials, or operate programs
or courses of instruction directed at youth that are designed
to promote or encourage, sexual activity, whether homosexual or
heterosexual;
``(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(3) to provide sex education or HIV prevention education in
schools unless such instruction is age appropriate and
emphasizes the health benefits of abstinence; or
``(4) to operate a program of contraceptive distribution in
schools.
``(b) Local Control.--Nothing in this section shall be construed to--
``(1) authorize an officer or employee of the Federal
Government to direct, review, or control a State, local
educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act (20 U.S.C.A. 1221 et seq.);
``(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution
of scientifically or medically true or accurate materials; or
``(4) create any legally enforceable right.
``SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
``(a) General Prohibition.--Officers and employees of the Federal
Government are prohibited from mandating, directing, or controlling a
State, local educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or mandating a
State or any subdivision thereof to spend any funds or incur any costs
not paid for under this Act.
``(b) Prohibition of Federal Mandates, Direction, or Control.--
Nothing in this Act shall be construed to authorize an officer or
employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's specific instructional
content or academic achievement standards and assessments, curriculum,
or program of instruction as a condition of eligibility to receive
funds under this Act.
``(c) Equalized Spending.--Nothing in this Act shall be construed to
mandate equalized spending per pupil for a State, local educational
agency, or school.
``(d) Building Standards.--Nothing in this Act shall be construed to
mandate national school building standards for a State, local agency,
or school.
``SEC. 8515. RULEMAKING.
``The Secretary shall issue regulations under this Act only to the
extent that such regulations are necessary to ensure that there is
compliance with the specific requirements and assurances required by
this Act.
``SEC. 8516. REPORT.
``The Secretary shall report to the Congress not later than 180 days
after the date of enactment of the No Child Left Behind Act of 2001
regarding how the Secretary shall ensure that audits conducted by
Department employees of activities assisted under this Act comply with
changes to this Act made by the No Child Left Behind Act of 2001,
particularly with respect to permitting children with similar
educational needs to be served in the same educational settings, where
appropriate.
``SEC. 8517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.
``(a) In General.--Notwithstanding any other provision of Federal
law, no State shall be required to have academic content standards or
student academic achievement standards approved or certified by the
Federal Government, in order to receive assistance under this Act.
``(b) Construction.--Nothing in this section shall be construed to
affect requirements under title I of this Act.
``SEC. 8518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.
``Notwithstanding any other prohibition of Federal law, no funds
provided to the Department of Education or to any applicable program
may be used by the Department to endorse, approve, or sanction any
curriculum designed to be used in an elementary or secondary school.
``SEC. 8519. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE
INFORMATION.
``Nothing in this Act shall be construed to permit the development of
a national database of personally identifiable information on
individuals involved in studies or in data collection efforts under
this Act.
``SEC. 8520. SEVERABILITY.
``If any provision of this Act is held invalid, the remainder of this
Act shall be unaffected thereby.
``PART F--SENSE OF CONGRESS
``SEC. 8601. PAPERWORK REDUCTION.
``(a) Findings.--The Congress finds that--
``(1) instruction and other classroom activities provide the
greatest opportunity for students, especially at-risk and
disadvantaged students, to attain high standards and achieve
academic success;
``(2) one of the greatest obstacles to establishing an
effective, classroom-centered education system is the cost of
paperwork compliance;
``(3) paperwork places a burden on teachers and
administrators who must complete Federal and State forms to
apply for Federal funds and absorbs time and money which
otherwise would be spent on students;
``(4) the Education at a Crossroads Report released in 1998
by the Education Subcommittee on Oversight and Investigations
states that requirements by the Department of Education result
in more than 48,600,000 hours of paperwork per year; and
``(5) paperwork distracts from the mission of schools,
encumbers teachers, and administrators with nonacademic
responsibilities, and competes with teaching and classroom
activities which promote learning and achievement.
``(b) Sense of Congress.--It is the sense of Congress that Federal
and State educational agencies should reduce the paperwork requirements
placed on schools, teachers, principles, and other administrators.
``SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION OF
TEACHERS AND PARAPROFESSIONALS.
``(a) Prohibition on Mandatory Testing or Certification.--
Notwithstanding any other provision of law, the Secretary is prohibited
from using Federal funds to plan, develop, implement, or administer any
mandatory national teacher or paraprofessional test or certification.
``(b) Prohibition on Withholding Funds.--The Secretary is prohibited
from withholding funds from any State or local educational agency if
such State or local educational agency fails to adopt a specific method
of teacher or paraprofessional certification.
``SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``Notwithstanding any other provision of Federal law, no funds
provided under this Act to the Secretary or to the recipient of any
award may be used to develop, pilot test, field test, implement,
administer, or distribute any federally sponsored national test in
reading, mathematics, or any other subject, unless specifically and
explicitly authorized by law.
``SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.
``It is the sense of Congress that--
``(1) the saying of a prayer, the reading of a scripture, or
the performance of religious music, as part of a memorial
service that is held on the campus of a public elementary or
secondary school in order to honor the memory of any person
slain on that campus is not objectionable under this Act; and
``(2) the design and construction of any memorial which
includes religious symbols, motifs, or sayings that is placed
on the campus of a public elementary or secondary school in
order to honor the memory of any person slain on that campus is
not objectionable under this Act.
``PART G--EVALUATIONS
``SEC. 8651. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in subsections (b)
and (c), the Secretary may reserve not more than 0.5 percent of the
amount appropriated to carry out each categorical program and
demonstration project authorized under this Act--
``(1) to conduct--
``(A) comprehensive evaluations of the program or
project; and
``(B) studies of the effectiveness of the programs or
project and its administrative impact on schools and
local educational agencies;
``(2) to evaluate the aggregate short- and long-term effects
and cost efficiencies across Federal programs assisted or
authorized under this Act and related Federal preschool,
elementary and secondary programs under any other Federal law;
and
``(3) to increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress of the
program or project by improving the quality, timeliness,
efficiency, and utilization of information relating to
performance under the program or project.
``(b) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program authorized
under title I.
``(c) Evaluation Activities Authorized Elsewhere.--If, under any
other provision of this Act (other than title I), funds are authorized
to be reserved or used for evaluation activities with respect to a
program or project, the Secretary may not reserve additional funds
under this section for the evaluation of such program or project.''.
SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.
(a) In General.--Part A of title XIII (20 U.S.C. 8621 et seq.)--
(1) is transferred to the end of title VIII, as amended by
section 801; and
(2) is redesignated as part H.
(b) Redesignation of Sections.--Sections 13101 through 13105 are
redesignated as sections 8701 through 8705, respectively.
(c) Conforming Amendments.--
(1) Requirements.--Section 8702(a) (as redesignated by
subsection (b)) is amended--
(A) by striking ``section 13101(a)'' and inserting
``section 8701(a)''; and
(B) in paragraph (7), by striking ``section 13201''
and inserting ``section 8751''.
(2) Maintenance of service.--Section 8703(b) (as redesignated
by subsection (b)) is amended--
(A) in paragraph (1), by striking ``section 13102''
and inserting ``section 8702''; and
(B) in paragraph (2)--
(i) by striking ``section 13201'' and
inserting ``section 8751''; and
(ii) by striking ``section 13401'' and
inserting ``section 8851''.
(3) Transition.--Section 8704(b)(1) (as redesignated by
subsection (b)) is amended by striking ``section 13105'' and
inserting ``section 8705''.
SEC. 803. NATIONAL DIFFUSION NETWORK.
(a) In General.--Part B of title XIII (20 U.S.C. 8651 et seq.)--
(1) is transferred to the end of title VIII, as amended by
section 802; and
(2) is redesignated as part I.
(b) Redesignation of Sections.--Sections 13201 and 13202 are
redesignated as sections 8751 and 8752, respectively.
(c) Conforming Amendment.--Section 8751 (as redesignated by
subsection (b)) is amended--
(1) in subsection (e)(3), by striking ``under part C''
through the end thereof and inserting ``under part F; and'';
and
(2) in subsection (f)(4), by striking ``section 13401'' and
inserting ``section 8851''.
SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION
CONSORTIA.
(a) In General.--Part C of title XIII (20 U.S.C. 8671 et seq.)--
(1) is transferred to the end of title VIII, as amended by
section 803; and
(2) is redesignated as part J.
(b) Redesignation of Sections.--Sections 13301 through 13308 are
redesignated as sections 8801 through 8808, respectively.
(c) Conforming Amendments.--
(1) Grant authorization.--Section 8801(a)(3) (as redesignated
by subsection (b)) is amended by striking ``section 13308'' and
inserting ``section 8808''.
(2) Use of funds.--Section 8802 (as redesignated by
subsection (b)) is amended--
(A) by striking ``section 13304'' and inserting
``section 8804'';
(B) in paragraph (2), by striking ``13301(a)(1)'' and
inserting ``8801(a)(1)''; and
(C) in paragraph (3), by striking ``13301(a)(1)'' and
inserting ``8801(a)(1)''.
(3) Payments.--Section 8805 (as redesignated by subsection
(b)) is amended in each of subsections (a) and (c) by striking
``section 13303'' and inserting ``section 8803''.
(4) Evaluation.--Section 8806(a) (as redesignated by
subsection (b)) is amended by striking ``section 14701'' and
inserting ``section 8651''.
(5) Definitions.--Section 8807(4) (as redesignated by
subsection (b)) is amended by striking ``section 13301'' and
inserting ``section 8801''.
SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) In General.--Part D of title XIII (20 U.S.C. 8701)--
(1) is transferred to the end of title VIII, as amended by
section 804; and
(2) is redesignated as part K.
(b) Redesignation of Section.--Section 13401 is redesignated as
section 8851.
SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.
(a) In General.--Subpart 3 of part A of title III (20 U.S.C. 6861 et
seq.)--
(1) is transferred to the end of title VIII, as amended by
section 805; and
(2) is redesignated as part L.
(b) Redesignation of Section.--Section 3141 is redesignated as
section 8901.
(c) Conforming Amendment.--Section 8901 (as redesignated by
subsection (b)) is amended by striking ``part C of title XIII'' and
inserting ``part J''.
TITLE IX--MISCELLANEOUS PROVISIONS
PART A--AMENDMENTS TO OTHER ACTS
Subpart 1--National Education Statistics Act
SEC. 901. AMENDMENT TO NESA.
Section 411 of the National Education Statistics Act of 1994 (20
U.S.C. 9010) is amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) State assessments.--(A) The Commissioner, in carrying
out the National Assessment--
``(i) may conduct State assessments of student
achievement in grades 4, 8, and 12; and
``(ii) shall conduct annual State assessments of
student achievement in reading and mathematics in
grades 4 and 8 in order for States to carry out section
1111(c)(2) of the Elementary and Secondary Education
Act of 1965.
``(B)(i) Except as provided in clause (ii), a participating
State shall review and give permission for the release of
results from any test of its students administered as a part of
a State assessment prior to the release of the data. Refusal by
a State to release its data shall not restrict the release of
data from other States that have approved the release of that
data.
``(ii) A State participating in the annual State assessments
of its students in reading and mathematics in grades 4 and 8
shall be deemed to have given its permission to release its
data if it has an approved plan under section 1111 of the
Elementary and Secondary Education Act of 1965.''; and
(2) by amending subsection (d) to read as follows:
``(d) Participation.--
``(1) National and regional participation.--Participation in
the national and regional assessments by State and local
educational agencies shall be voluntary.
``(2) State participation.--Participation in assessments made
on a State basis shall be voluntary.''.
Subpart 2--Homeless Education
SEC. 911. SHORT TITLE.
This subpart may be cited as the ``McKinney-Vento Homeless Education
Assistance Improvements Act of 2001''.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the United States will
experience homelessness in 2001.
(2) Homelessness has a devastating impact on the educational
opportunities of children and youth. Homeless children go
hungry at more than twice the rate of other children, have four
times the rate of delayed development, and are twice as likely
to repeat a grade.
(3) Despite steady progress in school enrollment and
attendance resulting from the passage in 1987 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.),
homeless students still face numerous barriers to education,
including residency, guardianship and registration
requirements, delays in the transfer of school records, and
inadequate transportation service.
(4) School is one of the few secure factors in the lives of
homeless children and youth, providing stability, structure,
and accomplishment during a time of great upheaval.
(5) Homeless children and youth require educational stability
and the opportunity to maintain regular and consistent
attendance in school, so that they acquire the skills necessary
to escape poverty and lead productive, healthy lives as adults.
(6) In the 14 years since the passage of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.),
educators and service providers have learned much about
policies and practices which help remove the barriers
described.
SEC. 913. PURPOSE.
The purpose of this subpart is to strengthen subtitle B of title VII
of Public Law 100-77 (42 U.S.C. 11431 et seq.) by amending it--
(1) to include innovative practices, proven to be effective
in helping homeless children and youth enroll, attend, and
succeed in school; and
(2) to help ensure that all children and youth impacted by
the loss of fixed, regular, and adequate housing receive a
quality education and secure their chance for a brighter
future.
SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of Public Law 100-77 (42 U.S.C. 11431 et
seq.) is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency ensure that each child of
a homeless individual and each homeless youth has equal access
to the same free, public education, including a public
preschool education, as provided to other children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of the State's compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and
youth, the State review and undertake steps to revise such
laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free, public
education as provided to other children and youth;
``(3) homelessness alone is not sufficient reason to separate
students from the mainstream school environment; and
``(4) homeless children and youth must have access to the
education and other services that such children and youth need
to ensure that such children and youth have an opportunity to
meet the same challenging State student academic achievement
standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is authorized to make grants
to States in accordance with the provisions of this section to enable
such States to carry out the activities described in subsections (d),
(e), (f), and (g).
``(b) Application.--No State may receive a grant under this section
unless the State educational agency submits an application to the
Secretary at such time, in such manner, and containing or accompanied
by such information as the Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) In general.--Subject to paragraph (2) and section
724(d), from the amounts appropriated for each fiscal year
under section 726, the Secretary is authorized to allot to each
State an amount that bears the same ratio to the amount
appropriated for such year under section 726 as the amount
allocated under section 1122 of the Elementary and Secondary
Education Act of 1965 to the State for that year bears to the
total amount allocated under section 1122 of such Act to all
States for that year, except that no State shall receive less
than $125,000 or \1/2\ of 1 percent of the amount appropriated
under section 726, whichever is greater.
``(2) Reservation.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each fiscal
year under section 726 to be allocated by the Secretary among
the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, according to
their respective need for assistance under this subtitle, as
determined by the Secretary.
``(B)(i) The Secretary shall transfer one percent of the
amount appropriated for each fiscal year under section 726 to
the Department of the Interior for programs for Indian students
served by schools funded by the Secretary of the Interior, as
determined under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), that are consistent
with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior shall
enter into an agreement, consistent with the requirements of
this part, for the distribution and use of the funds described
in clause (i) under terms that the Secretary determines best
meet the purposes of the programs described in such clause.
Such agreement shall set forth the plans of the Secretary of
the Interior for the use of the amounts transferred, including
appropriate goals, objectives, and milestones.
``(3) State defined.--As used in this subsection, the term
`State' shall not include the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(d) Activities.--Grants under this section shall be used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged homeless children, and youth
that enable such children and youth to enroll in, attend, and
succeed in school, or, if appropriate, in preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State
educational agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the education
of homeless children and youth.
``(e) State and Local Grants.--
``(1) Minimum disbursements by states.--From the sums made
available each year to carry out this subtitle, the State
educational agency shall distribute not less than 75 percent in
grants to local educational agencies for the purposes of
carrying out section 723, except that States funded at the
minimum level set forth in subsection (c)(1) shall distribute
not less than 50 percent in grants to local educational
agencies for the purposes of carrying out section 723.
``(2) Use by state educational agency.--A State educational
agency may use funds made available for State use under this
subtitle to conduct activities under subsection (f) directly or
through grants.
``(3) Prohibition on segregating homeless students.--
``(A) In general.--Except as provided in subparagraph
(B) and section 723(a)(2)(B)(ii), in providing a free
public education to a homeless child or youth, no State
receiving funds under this subtitle shall segregate
such child or youth, either in a separate school or in
a separate program within a school, based solely on
such child's or youth's status as homeless.
``(B) Exception.--A State that operates a separate
school for homeless children as of the day preceding
the date of enactment of the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001--
``(i) shall remain eligible to receive, and
to distribute to local educational agencies,
funds under this subtitle for such school; and
``(ii) shall not distribute to local
educational agencies in the State any funds
received under this subtitle for use by any
such schools not in operation as of such date
of enactment.
``(f) Functions of the Office of Coordinator.--The Coordinator of
Education of Homeless Children and Youth established in each State
shall--
``(1) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access to
public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the special
needs of such children and youth, any progress made by the
State educational agency and local educational agencies in the
State in addressing such problems and difficulties, and the
success of the program under this subtitle in assisting
homeless children and youth to enroll in, attend, and succeed
in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect and transmit to the Secretary information
gathered pursuant to paragraphs (1) and (2) at such time and in
such manner as the Secretary may require;
``(4) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth, including
homeless children, including preschool-aged homeless children,
and youth, and families of such children and youth;
``(5) in order to improve the provision of comprehensive
education and related services to homeless children and youth
and their families, coordinate and collaborate with--
``(A) educators, including child development and
preschool program personnel;
``(B) State and local providers of services to
homeless and runaway children and youth and homeless
families (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and
homeless youth centers, and transitional living
programs for homeless youth);
``(C) local educational agency liaisons for homeless
children and youth; and
``(D) State and local community organizations and
groups representing homeless children and youth and
their families; and
``(6) provide technical assistance to local educational
agencies, in coordination with local liaisons designated under
subsection (g)(1)(J)(ii), to ensure that local educational
agencies comply with the requirements of paragraphs (3) through
(7) of subsection (g).
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary a
plan to provide for the education of homeless children and
youth within the State, which plan shall--
``(A) describe how such children and youth are or
will be given the opportunity to meet the same
challenging State student academic achievement
standards all students are expected to meet;
``(B) describe the procedures the State educational
agency will use to identify such children and youth in
the State and to assess their special needs;
``(C) describe procedures for the prompt resolution
of disputes regarding the educational placement of
homeless children and youth;
``(D) describe programs for school personnel
(including principals, attendance officers, teachers,
enrollment personnel, and pupil services personnel) to
heighten the awareness of such personnel of the
specific needs of runaway and homeless youth;
``(E) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility
criteria are able to participate in Federal, State, or
local food programs;
``(F) describe procedures that ensure that--
``(i) homeless children have equal access to
the same public preschool programs,
administered by the State agency, as provided
to other children;
``(ii) homeless youth and youth separated
from the public schools are identified and
accorded equal access to appropriate secondary
education and support services; and
``(iii) homeless children and youth who meet
the relevant eligibility criteria are able to
participate in Federal, State, or local before-
and after-school care programs;
``(G) address problems set forth in the report
provided to the Secretary under subsection (f)(3);
``(H) address other problems with respect to the
education of homeless children and youth, including
problems caused by enrollment delays that are caused
by--
``(i) immunization and medical records
requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements;
``(I) demonstrate that the State educational agency
and local educational agencies in the State have
developed, and shall review and revise, policies to
remove barriers to the enrollment and retention of
homeless children and youth in schools in the State;
and
``(J) contain assurances that--
``(i) except as provided in subsection
(e)(3)(B), State and local educational agencies
will adopt policies and practices to ensure
that homeless children and youth are not
segregated solely on the basis of their status
as homeless;
``(ii) local educational agencies will
designate an appropriate staff person, who may
also be a coordinator for other Federal
programs, as a liaison for homeless children
and youth, to carry out the duties described in
paragraph (6)(A); and
``(iii) the State and its local educational
agencies will adopt policies and practices to
ensure that transportation is provided, at the
request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison) to
and from the school of origin, as determined in
paragraph (3)(A), in accordance with the
following, as applicable:
``(I) If the homeless child or youth
continues to live in the area served by
the local educational agency in which
the school of origin is located, the
child's or youth's transportation to
and from the school of origin shall be
provided or arranged by the local
educational agency in which the school
of origin is located.
``(II) If the homeless child's or
youth's living arrangements in the area
served by the local educational agency
of origin terminate and the child or
youth, though continuing his or her
education in the school of origin,
begins living in the area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the homeless child or youth is living
shall agree upon a method to apportion
the responsibility and costs for
providing the child with transportation
to and from the school or origin. If
the local educational agencies are
unable to agree upon such method, the
responsibility and costs for
transportation shall be shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will
ensure that local educational agencies in the State
will comply with the requirements of paragraphs (3)
through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local liaisons established under
this subchapter.
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's
best interest, either--
``(i) continue the child's or youth's
education in the school of origin for the
duration of homelessness--
``(I) in any case in which a family
becomes homeless between academic years
or during the academic year; or
``(II) for the remainder of the
academic year, if the child becomes
permanently housed during the academic
year; or
``(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the child
or youth is actually living are eligible to
attend.
``(B) Best interest.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) to the extent feasible, keep a homeless
child or youth in the school of origin, except
when doing so is contrary to the wishes of the
child's or youth's parent or guardian;
``(ii) provide a written explanation,
including a statement regarding the right to
appeal under subparagraph (E), to the homeless
child's or youth's parent or guardian if the
local educational agency sends such child or
youth to a school other than the school of
origin or a school requested by the parent or
guardian; and
``(iii) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(2) assists in
placement or enrollment decisions under this
subparagraph and provides notice to such youth
of the right to appeal under subparagraph (E).
``(C) Enrollment.--(i) The school selected in
accordance with this paragraph shall immediately enroll
pursuant to section 725(3) the homeless child or youth,
even if the child or youth is unable to produce records
normally required for enrollment, such as previous
academic records, medical records, proof of residency,
or other documentation.
``(ii) The enrolling school shall immediately contact
the school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) If the child or youth needs to obtain
immunizations or immunization or medical records, the
enrolling school shall immediately refer the parent or
guardian of the child or youth to the liaison who shall
assist in obtaining necessary immunizations or
immunization or medical records in accordance with
subparagraph (E).
``(D) Records.--Any record ordinarily kept by the
school, including immunization or medical records,
academic records, birth certificates, guardianship
records, and evaluations for special services or
programs, of each homeless child or youth shall be
maintained--
``(i) so that the records are available, in a
timely fashion, when a child or youth enters a
new school or school district; and
``(ii) in a manner consistent with section
444 of the General Education Provisions Act (20
U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises over
school selection or enrollment in a school--
``(i) the child or youth shall be immediately
admitted to the school in which enrollment is
sought, pending resolution of the dispute;
``(ii) the parent or guardian of the child or
youth shall be provided with a written
explanation of the school's decision regarding
school selection or enrollment, including the
rights of the parent, guardian, or youth to
appeal the decision;
``(iii) the child, youth, parent, or guardian
shall be referred to the local liaison
designated under paragraph (1)(J)(ii), who
shall carry out the dispute resolution process
as described in paragraph (1)(A) as
expeditiously as possible after receiving
notice of the dispute; and
``(iv) in the case of an unaccompanied youth,
the homeless liaison shall ensure that the
youth is immediately enrolled in school pending
resolution of the dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) School of origin defined.--In this paragraph,
the term `school of origin' means the school that the
child or youth attended when permanently housed or the
school in which the child or youth was last enrolled.
``(H) Contact information.--Nothing in this subtitle
shall prohibit a local educational agency from
requiring a parent or guardian of a homeless child to
submit contact information required by the local
educational agency of a parent or guardian of a
nonhomeless child.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including--
``(A) transportation services;
``(B) educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local
programs, educational programs for children with
disabilities, and educational programs for students
with limited-English proficiency;
``(C) programs in vocational and technical education;
``(D) programs for gifted and talented students; and
``(E) school nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
serving homeless children and youth that receives
assistance under this subtitle shall coordinate--
``(i) the provision of services under this
subtitle with local social services agencies
and other agencies or programs providing
services to homeless children and youth and
their families, including services and programs
funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.); and
``(ii) with other local educational agencies
on interdistrict issues, such as transportation
or transfer of school records.
``(B) Housing assistance.--If applicable, each State
and local educational agency that receives assistance
under this subtitle shall coordinate with State and
local housing agencies responsible for developing the
comprehensive housing affordability strategy described
in section 105 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12705) to minimize
educational disruption for children and youth who
become homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall be
designed to--
``(i) ensure that homeless children and youth
have access and reasonable proximity to
available education and related support
services; and
``(ii) raise the awareness of school
personnel and service providers of the effects
of short-term stays in a shelter and other
challenges associated with homelessness.
``(6) Liaison.--
``(A) Duties.--Each local liaison for homeless
children and youth, designated under paragraph
(1)(J)(ii), shall ensure that--
``(i) homeless children and youth are
identified by school personnel and through
coordination activities with other entities and
agencies;
``(ii) homeless children and youth enroll in,
and have an equal opportunity to succeed in,
schools of that agency;
``(iii) homeless families, children, and
youth receive educational services for which
such families, children, and youth are
eligible, including Head Start and Even Start
programs and preschool programs administered by
the local educational agency, and referrals to
health care services, dental services, mental
health services, and other appropriate
services;
``(iv) the parents or guardians of homeless
children and youth are informed of the
education and related opportunities available
to their children and are provided with
meaningful opportunities to participate in the
education of their children;
``(v) public notice of the educational rights
of homeless children and youth is disseminated
where such children and youth receive services
under this Act, such as schools, family
shelters, and soup kitchens;
``(vi) enrollment disputes are mediated in
accordance with subsection (g)(3)(E); and
``(vii) the parent or guardian of a homeless
child or youth, and any unaccompanied youth, is
fully informed of all transportation services,
including transportation to the school of
origin, as described in paragraph (1)(J)(ii),
and is assisted in accessing transportation to
the school selected in accordance with
paragraph (3)(A).
``(B) Notice.--State coordinators whose duties are
described under subsection (d) and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless families
of the duties of the liaisons.
``(C) Local and state coordination.--Local
educational agency liaisons for homeless children and
youth shall, as a part of their duties, coordinate and
collaborate with State coordinators and community and
school personnel responsible for the provision of
education and related services to homeless children and
youth.
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and
local educational agency that receives assistance under
this subtitle, shall review and revise any policies
that may act as barriers to the enrollment of homeless
children and youth in schools selected in accordance
with paragraph (3).
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues
concerning transportation, immunization, residency,
birth certificates, school records and other
documentation, and guardianship.
``(C) Special attention.--Special attention shall be
given to ensuring the enrollment and attendance of
homeless children and youth who are not currently
attending school.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e) and from amounts made available
to such agency under section 726, make grants to local
educational agencies for the purpose of facilitating the
enrollment, attendance, and success in school of homeless
children and youth.
``(2) Services.--
``(A) In general.--Services under paragraph (1)--
``(i) may be provided through programs on
school grounds or at other facilities;
``(ii) shall, to the maximum extent
practicable, be provided through existing
programs and mechanisms that integrate homeless
children and youth with nonhomeless children
and youth; and
``(iii) shall be designed to expand or
improve services provided as part of a school's
regular academic program, but not to replace
such services provided under such program.
``(B) Services on school grounds.--If services under
paragraph (1) are provided on school grounds, schools--
``(i) may use funds under this subtitle to
provide the same services to other children and
youth who are determined by the local
educational agency to be at risk of failing in,
or dropping out of, schools, subject to the
requirements of clause (ii); and
``(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide
services in settings within a school that
segregates homeless children and youth from
other children and youth, except as is
necessary for short periods of time--
``(I) for health and safety
emergencies; or
``(II) to provide temporary, special,
and supplementary services to meet the
unique needs of homeless children and
youth.
``(3) Requirement.--Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part of
the school's regular academic program.
``(b) Application.--A local educational agency that desires to
receive a grant under this section shall submit an application to the
State educational agency at such time, in such manner, and containing
or accompanied by such information as the State educational agency may
reasonably require. Each such application shall include--
``(1) an assessment of the educational and related needs of
homeless children and youth, as defined in section 725(1) and
(2), in the area served by such agency (which may be undertaken
as part of needs assessments for other disadvantaged groups);
``(2) a description of the services and programs for which
assistance is sought to address the needs identified in
paragraph (1);
``(3) an assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
fiscal year preceding the fiscal year for which the
determination is made, was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the second
fiscal year preceding the fiscal year for which the
determination is made;
``(4) an assurance that the applicant complies with, or will
use requested funds to comply with, paragraphs (3) through (7)
of section 722(g); and
``(5) a description of policies and procedures, consistent
with section 722(e)(3)(B), that the agency will implement to
ensure that activities carried out by the agency will not
isolate or stigmatize homeless children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 726, make
competitive subgrants to local educational agencies that submit
applications under subsection (b). Such subgrants shall be
awarded on the basis of the need of such agencies for
assistance under this subtitle and the quality of the
applications submitted.
``(2) Need.--In determining need under paragraph (1), the
State educational agency may consider the number of homeless
children and youth enrolled in preschool, elementary, and
secondary schools within the area served by the agency, and
shall consider the needs of such children and youth and the
ability of the agency to meet such needs. Such agency may also
consider--
``(A) the extent to which the proposed use of funds
would facilitate the enrollment, retention, and
educational success of homeless children and youth;
``(B) the extent to which the application--
``(i) reflects coordination with other local
and State agencies that serve homeless children
and youth; and
``(ii) meets the requirements of section
722(g)(3);
``(C) the extent to which the applicant exhibits in
the application and in current practice a commitment to
education for all homeless children and youth; and
``(D) such other criteria as the State agency
determines appropriate.
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall
consider--
``(A) the applicant's needs assessment under
subsection (b)(1) and the likelihood that the program
presented in the application will meet such needs;
``(B) the types, intensity, and coordination of the
services to be provided under the program;
``(C) the involvement of parents or guardians;
``(D) the extent to which homeless children and youth
will be integrated within the regular education
program;
``(E) the quality of the applicant's evaluation plan
for the program;
``(F) the extent to which services provided under
this subtitle will be coordinated with other available
services; and
``(G) such other measures as the State educational
agency considers indicative of a high-quality program.
``(4) Duration of grants.--Grants awarded under this section
shall be for terms not to exceed 3 years.
``(d) Authorized Activities.--A local educational agency may use
funds awarded under this section for activities to carry out the
purpose of this subtitle, including--
``(1) the provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the
achievement of the same challenging State academic content
standards and challenging State student academic achievement
standards the State establishes for other children and youth;
``(2) the provision of expedited evaluations of the strengths
and needs of homeless children and youth, including needs and
eligibility for programs and services (such as educational
programs for gifted and talented students, children with
disabilities, and students with limited-English proficiency,
services provided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local programs,
programs in vocational and technical education, and school
nutrition programs);
``(3) professional development and other activities for
educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel to
the needs of homeless children and youth, the rights of such
children and youth under this Act, and the specific educational
needs of runaway and homeless youth;
``(4) the provision of referral services to homeless children
and youth for medical, dental, mental, and other health
services;
``(5) the provision of assistance to defray the excess cost
of transportation for students pursuant to section
722(g)(4)(A), not otherwise provided through Federal, State, or
local funding, where necessary to enable students to attend the
school selected under section 722(g)(3);
``(6) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged children;
``(7) the provision of services and assistance to attract,
engage, and retain homeless youth (as described in paragraphs
(1) and (2) of section 725) in public school programs and
services provided to nonhomeless youth;
``(8) the provision for homeless children and youth of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides
tutoring, homework assistance, and supervision of educational
activities;
``(9) if necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization or medical records,
academic records, guardianship records, and evaluations for
special programs or services;
``(10) the provision of education and training to the parents
of homeless children and youth about the rights of, and
resources available to, such children and youth;
``(11) the development of coordination between schools and
agencies providing services to homeless children and youth, as
described in section 722(g)(5);
``(12) the provision of pupil services (including violence
prevention counseling) and referrals for such services;
``(13) activities to address the particular needs of homeless
children and youth that may arise from domestic violence;
``(14) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2) to
provide services under this subsection;
``(15) the provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations; and
``(16) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plan submitted by a
State educational agency under section 722(g), the Secretary shall use
a peer review process and shall evaluate whether State laws, policies,
and practices described in such plans adequately address the problems
of homeless children and youth relating to access to education and
placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide support and
technical assistance to the State educational agencies to assist such
agencies to carry out their responsibilities under this subtitle, if
requested by the State educational agency.
``(c) Notice.--The Secretary shall, before the next school year that
begins after the date of the enactment of the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001, create and disseminate
nationwide a public notice of the educational rights of homeless
children and youth and disseminate such notice to other Federal
agencies, programs, and grantees, including Head Start grantees, Health
Care for the Homeless grantees, Emergency Food and Shelter grantees,
and homeless assistance programs administered by the Department of
Housing and Urban Development.
``(d) Evaluation and Dissemination.--The Secretary shall conduct
evaluation and dissemination activities of programs designed to meet
the educational needs of homeless elementary and secondary school
students, and may use funds appropriated under section 726 to conduct
such activities.
``(e) Submission and Distribution.--The Secretary shall require
applications for grants under this subtitle to be submitted to the
Secretary not later than the expiration of the 60-day period beginning
on the date that funds are available for purposes of making such grants
and shall make such grants not later than the expiration of the 120-day
period beginning on such date.
``(f) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered by the
Secretary under subsection (e), shall determine the extent to which
State educational agencies are ensuring that each homeless child and
homeless youth has access to a free appropriate public education as
described in section 721(1).
``(g) Information.--
``(1) In general.--From funds appropriated under section 726,
the Secretary shall, either directly or through grants,
contracts, or cooperative agreements, periodically collect and
disseminate data and information regarding--
``(A) the number and location of homeless children
and youth;
``(B) the education and related services such
children and youth receive;
``(C) the extent to which such needs are being met;
and
``(D) such other data and information as the
Secretary deems necessary and relevant to carry out
this subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(h) Report.--Not later than 4 years after the date of the enactment
of the McKinney-Vento Homeless Education Assistance Improvements Act of
2001, the Secretary shall prepare and submit to the President and the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the status of education of homeless
children and youth, which shall include information on--
``(1) the education of homeless children and youth; and
``(2) the actions of the Department and the effectiveness of
the programs supported under this subtitle.
``SEC. 725. DEFINITIONS.
``In this subtitle:
``(1) The term `homeless children and youth'--
``(A) means individuals who lack a fixed, regular,
and adequate nighttime residence (within the meaning of
section 103(a)(1));
``(B) includes--
``(i) children and youth who are living in
doubled-up accommodations sharing the housing
of another due to loss of housing, economic
hardship or a similar reason, are living in
motels, hotels, trailer parks, or camping
grounds due to the lack of alternative adequate
accommodations, are living in emergency or
transitional shelters, are abandoned in
hospitals, or are awaiting foster care
placement;
``(ii) individuals who have a primary
nighttime residence that is a public or private
place not designed for or ordinarily used as a
regular sleeping accommodation for human beings
(within the meaning of section 103(a)(2)(C));
and
``(iii) children and youth who are living in
cars, parks, public spaces, abandoned buildings
or substandard housing, bus or train stations,
or similar settings; and
``(C) does not include migratory children (as such
term is defined in section 1309(2) of the Elementary
and Secondary Education Act of 1965), unless such
children are staying in accommodations not fit for
habitation.
``(2) The term `unaccompanied youth' includes youth not in
the physical custody of a parent or guardian.
``(3) The terms `enroll' and `enrollment' include within
their meaning the right to attend classes and to participate
fully in school activities.
``(4) The terms `local educational agency' and `State
educational agency' have the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(5) The term `Secretary' means the Secretary of Education.
``(6) The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are authorized
to be appropriated $60,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the fiscal years 2003 through 2006.''.
SEC. 915. TECHNICAL AMENDMENT.
(a) In General.--Section 1 of Public Law 106-400 (42 U.S.C. 11301) is
amended by striking ``Section 1 of'' and inserting ``Section 101 of''.
(b) Effective Date.--The amendment made by subsection (a) shall be
deemed to be effective on the date of enactment of Public Law 106-400.
PART B--REPEALS
SEC. 921. REPEALS.
The following provisions are repealed:
(1) Goals.--Parts A and C of title II and title VI of Goals
2000: Educate America Act.
(2) Troops-to-teachers program act of 1999.--The Troops-to-
Teachers Program Act of 1999 (title XVII of Public Law 106-65;
20 U.S.C. 9301 et seq.).
(3) ESEA.--
(A) Title IX, relating to Indian, Native Hawaiian,
and Alaska Native education.
(B) Parts A, B, C, D, F, G, I, J, L, of title X,
relating to programs of national significance.
(C) Title XI, relating to coordinated services.
(D) Title XII, relating to education infrastructure.
(E) The title heading of title XIII and sections
13001 and 13002.
(F) Title XIV, relating to general provisions.
Purpose
The purpose of H.R. 1, the No Child Left Behind Act of
2001, is to transform the federal role in education and advance
our nation's education priorities. The bill reauthorizes the
Elementary and Secondary Education Act of 1965 and
fundamentally reforms the Act by increasing accountability for
student performance, focusing on what works, reducing
bureaucracy, increasing flexibility, and empowering parents.
Key components of the legislation include: (1) closing the
achievement gap through high State academic standards, annual
State academic assessments, and consequences for schools that
fail to teach; (2) promoting parental empowerment through
reports to parents on the performance of States and schools,
assisting charter schools, expanding public school choice, and
allowing students in failing schools to receive supplementary
educational services from a provider of their parent's choice;
(3) improving literacy by focusing on reading in the early
grades and early childhood reading instruction; (4) expanding
freedom to teach and learn by increasing flexibility in Title I
and reducing duplicative and excessive programs and
regulations; (5) rewarding success and sanctioning failure by
providing financial rewards for States that improve academic
achievement and narrow the achievement gap, and reducing
federal funds to States that fail to demonstrate results; (6)
improving teacher quality by ensuring that all students are
taught by fully qualified teachers, encouraging professional
development based on research, and strengthening math and
science education; and (7) making schools safer by protecting
teachers from frivolous lawsuits, promoting school safety,
allowing students to escape unsafe schools, and supporting
character education.
Committee Action
HEARINGS
The Committee on Education and the Workforce, the
Subcommittee on Education Reform, and the Subcommittee on 21st
Century Competitiveness together have held 11 hearings both in
and outside of Washington, D.C. during the 107th Congress to
review and make determinations on reauthorizing the Elementary
and Secondary Education Act. A list of all the hearings are as
follows:
Full Committee Hearings
1. March 1, 2001, ``State Leadership in Education Reform.''
2. March 7, 2001, ``Leave No Child Behind.''
3. March 28, 2001, ``No Child Left Behind.''
4. March 29, 2001, ``Transforming the Federal Role in
Education for the 21st Century.''
Field hearings
1. February 16, 2001, ``Flexibility, Accountability, and
Quality Education'' in Bradenton, Florida.
2. February 20, 2001, ``Reading and Accountability:
Improving 21st Century Schools'' in Marietta, Georgia.
3. March 2, 2001, ``Improving Academic Achievement with
Freedom and Accountability'' in Chicago, Illinois.
Subcommittee on Education Reform
1. March 8, 2001, ``Measuring Success: Using Assessments
and Accountability to Raise Student Achievement.''
2. March 14, 2001, ``Empowering Success: Flexibility and
School Choice.''
Field hearing
1. May 1, 2001, ``Ensuring Educational Opportunity for
Minority Children'' in Lexington, Kentucky.
Subcommittee on 21st Century Competitiveness
March 15, 2001, ``Improving Student Achievement Through
Technology.''
There was significant activity relating to the
reauthorization of the Elementary and Secondary Education Act
in the 106th Congress. In total, the full Committee, the
Subcommittee on Early Childhood, Youth and Families, the
Subcommittee on Postsecondary Education, Training and Life-Long
Learning, and the Subcommittee on Oversight and Investigations,
and held 55 hearings. Ultimately, there was not a
reauthorization of the act during the 106th Congress.
LEGISLATIVE ACTION
On March 22, 2001, Representative John Boehner (R-OH)
introduced H.R. 1, the No Child Left Behind Act of 2001. H.R. 1
contains the President's education proposals for elementary and
secondary education, as well as a comprehensive reauthorization
of the Elementary and Secondary Education Act of 1965 (ESEA).
On the basis of the hearings, bills referred to the
Committee, the Subcommittee on Education Reform and the
Subcommittee on 21st Century Competitiveness, the
recommendations of the administration, and the recommendations
of the education community and groups representing the
interests of families, an amendment in the nature of a
substitute was prepared. The Committee on Education and the
Workforce considered a substitute offered by the Chairman to
H.R. 1, the No Child Left Behind Act of 2001 in legislative
session on May 2, 3, and 9, 2001 during which 46 amendments
were considered on which 8 roll call votes were taken. The
Committee on Education and the Workforce with a majority of the
Committee present ordered the bill favorably reported by a vote
of 41 to 7 on May 9, 2001.
Summary
INTRODUCTION
Section 1
Section 1 gives the short title of the bill.
Section 2
Section 2 states that references to an amendment or repeal
of a section or other provisions shall be considered to be made
to the Elementary and Secondary Education Act.
Section 3
Section 3 establishes a one-year transition rule for
certain grants awarded prior to the date of enactment.
Section 4
Section 4 establishes an effective date of October 1, 2001
or the date of the enactment of the No Child Left Behind Act,
whichever occurs later.
Title I--Improving the Academic Performance of the Disadvantaged
TITLE I, PART A--BASIC PROGRAM
Title I, Part A of H.R. 1 extends and modifies Title I,
Part A of the Elementary and Secondary Education Act (ESEA).
Part A provides supplemental educational services to low-
achieving students to assist them in meeting challenging State
student academic achievement standards. The bill expands the
existing standards and assessments-based structure to Title I
by requiring annual academic assessments in reading and math in
grades 3-8 instead of in just three grades; strengthens
academic accountability by holding all States, school districts
and schools accountable for ensuring that their students meet
high academic standards; provides for distribution of report
cards on the academic quality of all schools, including the
qualifications of teachers and teachers' aides, to parents and
communities; gives students the opportunity to leave failing
Title I schools and enroll in other public schools or charter
schools; allows disadvantaged students in schools that fail for
three consecutive years to receive supplemental educational
services from a provider of choice; provides rewards to Title I
schools that are closing the achievement gap; ensures that all
newly-hired teachers funded by Title I are fully qualified;
raises the qualifications of teachers' aides; and provides
greater flexibility to schoolwide programs.
TITLE I, PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
Subpart 1--Reading First
Reading First is a new program that would triple the
funding for improving classroom reading instruction and provide
assistance to States and local educational agencies in
establishing scientific research-based reading programs for all
children in kindergarten through grade three. It would provide
the necessary professional development to ensure that teachers
can identify children at-risk for reading failure and provide
the most effective early instruction to overcome specific
barriers to reading proficiency. Eighty percent of the funds
would go to States under a poverty-based formula. The remaining
20 percent would be made available for two-year discretionary
performance based grants to States that reduce the number of
children who cannot read. States could use up to 15 percent of
the funds for professional development. States must distribute
at least 80 percent of their funds to local educational
agencies through a competitive process, giving priority to high
poverty areas in which there are a high percentage of students
in grades K-3 reading below grade level. Funds under Reading
First are to be used for diagnostic assessments and
instructional materials that include the essential components
of reading instruction. The Secretary will order a five-year
external evaluation of the Reading First program, and provide
such technical assistance to States and local educational
agencies as requested.
Subpart 2--Early Reading First
Early Reading First is a new competitive grant initiative
that will provide funds to enhance reading readiness for
children in high poverty areas, and where there are high
numbers of students who are not reading at grade level. Early
Reading First is targeted towards children ages three through
five, and would support the development of verbal skills,
phonemic awareness, pre-reading development and assistance for
professional development for teachers in child care centers or
Head Start centers in instructional activities that would
prepare children for formal reading instruction in kindergarten
and grade one.
Subpart 3--William F. Goodling Even Start Family Literacy Programs
H.R. 1 extends and reauthorizes the Even Start Family
Literacy Program, which is designed to improve the quality of
Even Start programs that provide literacy services to parents
and their children in order to break cycles of illiteracy. This
was accomplished by requiring Even Start projects to use
instructional programs based on scientifically based research
on reading, establishing qualifications for program
instructors, tying local program objectives to state indicators
of program quality, strengthening evaluation of local programs
and their use in program improvement, and authorizing research
to find the most effective way of improving literacy among
adults with reading difficulties.
Subpart 4--Inexpensive Book Distribution Program
H.R. 1 extends and reauthorizes the Inexpensive Book
Distribution Program, which is operated under a single,
noncompetitive award to Reading is Fundamental, Inc. (RIF). It
supports, through subcontracts, local private nonprofit groups
and organizations, or public agencies that distribute
inexpensive books to children with the objective of motivating
children to read. Federal funds pay for up to 75 percent of the
cost of books, except that the federal share for programs
serving the children of migrant and seasonal farm workers is
100 percent. Contractors are to give priority to programs that
serve a substantial number or percent of children with special
needs, such as children with disabilities, low-income children,
and children at risk of school failure.
TITLE I, PART C--EDUCATION OF MIGRATORY CHILDREN
Title I, Part C of H.R. 1 extends and modifies Title I,
Part C of the Elementary and Secondary Education Act,
``Education of Migratory Children.'' The bill makes slight
modifications to the eligibility requirements for receiving
funds under this Part to better address the needs of migrant
children. Some of the most important provisions seek to improve
the transfer of migrant student records. These provisions
direct the Secretary to assist States in developing effective
methods for the transfer of student records and for determining
the minimum data elements to be transferred. The bill also
provides States with increased flexibility in the use of these
funds.
TITLE I, PART D--NEGLECTED AND DELINQUENT YOUTH
Title I, Part D of H.R. 1 makes several minor changes to
Title I, Part D of ESEA for neglected and delinquent children.
The majority of changes are made to ensure the Subpart 2
program for local educational agencies is focused primarily on
addressing the needs of youth returning from local correctional
facilities to their local schools or programs of alternative
education. The amendments would still permit local educational
agencies to serve the needs of other at risk children as long
as they first meet the academic and other needs of youth
returning from local correctional facilities. The bill also
increases the amount of Subpart 1 funds States are to set aside
to use to transition youth in State correctional facilities
back to their local schools from 10 to 15 percent.
TITLE I, PART E--EVALUATIONS
Section 1501 authorizes the Secretary to conduct
evaluations and assessments, collect data, and carry out other
activities that support the Title I programs and provide
information useful to those who would support the activities
that are essential for the Title I programs; and helping
States, LEAs, and schools develop management information
systems. Section 1501 would also provide for the continued
conduct of the national assessment of Title I and a national
longitudinal study of Title I schools.
Section 1502 authorizes the Secretary to conduct
demonstrations of innovative practices.
Section 1503 authorizes the Ellender Fellowship program.
This program, administered by the private, non-profit Close Up
Foundation, provides financial aid to enable low-income
students, their teachers, older Americans, recent immigrants,
and children of migrant parents to come to Washington, DC to
study the operations of the three branches of government.
Activities include attending seminars on government and current
events, and meeting with government leaders.
Section 1504 requires recipients of Title I funds to report
dropouts rates to the National Center for Educational
Statistics.
TITLE I, PART F--COMPREHENSIVE SCHOOL REFORM
Title I, Part F of H.R. 1 puts into statutory form the
comprehensive school reform grant program. The comprehensive
school reform grant program provides financial incentives for
schools to develop comprehensive reforms to change an entire
school. The reforms must be based upon reliable research and
effective practices, and emphasize basic academics and parental
involvement.
TITLE I, PART G--RURAL EDUCATION FLEXIBILITY AND ASSISTANCE
H.R. 1 provides rural school districts with increased
flexibility and funding to enhance academic achievement and
addresses the unique needs of rural school districts that
cannot compete for federal education grants because of
inadequate resources. Specifically, H.R. 1 will address the
different needs of (1) small, rural school districts and (2)
low-income, rural school districts. Under Subpart 1, an LEA
would be eligible if the total number of students in average
daily attendance at all of the schools served by the LEA is
less than 600; and all of the schools served by the LEA are
designated with a School Locale Code of 7, or 8, as determined
by the Secretary of Education. Eligible LEAs would be able to
combine funding under various formula grant programs to support
local or Statewide education reform efforts intended to improve
the academic achievement of elementary and secondary school
students and the quality of instruction provided for these
students. Grants under this provision would be awarded to
eligible LEAs based on the number of students in average daily
attendance less the amount they received from consolidated
formula grant programs. LEAs participating in this initiative
would have to meet high accountability standards by
demonstrating the ability to meet academic achievement
standards under Title I, such as the State's definition of
adequate yearly progress. Schools failing to meet these
requirements would not be eligible for continued funding.
If an LEA did not qualify for funding under Subpart 1, it
could seek funds under Subpart 2. An LEA would be eligible to
use the applicable funding under Subpart 2 if it serves a
school-age population, 20 percent or more of whom are from
families with incomes below the poverty line; and all of the
schools served by the LEA are designated with a School Locale
Code of 6, 7, or 8, as determined by the Secretary of
Education. Funds under this Subpart can be used for such things
as: educational technology, professional development, technical
assistance, and teacher recruitment and retention.
TITLE I, PART H--GENERAL PROVISIONS OF TITLE I
Title I, Part H of H.R. 1 includes general provisions
governing Title I. Such provisions include negotiated
rulemaking; State rulemaking; a State Committee of
practitioners to advise the Statein carrying out its
responsibilities under Title I; local educational agency administrative
cost limitations; and rules of construction.
Title II--Preparing, Training, and Recruiting Quality Teachers
TITLE II, PART A--TEACHER QUALITY TRAINING AND RECRUITING FUND
The purpose of this Part is to provide grants to States,
LEAs, and eligible partnerships in order to assist their
efforts to increase student academic achievement through such
strategies as improving teacher quality and increasing the
number of highly qualified teachers in the classroom. H.R. 1
consolidates and streamlines the Eisenhower Professional
Development program and the Class Size Reduction program to
provide States and local schools additional flexibility in the
use of these funds, in exchange for increased accountability,
by demonstrating that student achievement is increasing.
Funds are sent to States by formula (50 percent based on
population and 50 percent based on poverty). State allotments
would have to be equal to funding received under the Eisenhower
Professional Development program and the Class Size Reduction
program. States are authorized to retain 5 percent of funds for
State activities. States send funding to the local level by
formula and by competitive grant. Local educational agency
allotments would have to be equal to funding received under the
Eisenhower Professional Development program and the Class Size
Reduction program. 80 to 85 percent of the funds (at the
discretion of the State) are sent to local educational agencies
by formula (20 percent based on population and 80 percent based
on poverty) for local uses of finds. States, working in
conjunction with State Agencies for Higher Education, must
award at least 15 percent but not more than 20 percent of the
funds (at the discretion of the State) on a competitive basis
to eligible partnerships for math and science programs.
Eligible partnerships must include at least: (1) a State
educational agency; (2) a mathematics or science department of
a private independent or State-supported public institution of
higher education; and (3) a high need local educational agency.
This part also continues and updates the Troops-to-Teachers and
Transition to Teaching programs.
TITLE II, PART B--NATIONAL WRITING PROJECT
H.R. 1 continues and updates the authorization for the
National Writing Project. The purpose of this program is to
support in-service teacher training programs, including the
dissemination of effective practices and research funding,
regarding the teaching of writing and related skills (in
language arts subjects and across the curriculum) at all
educational levels. The program supports professional
development for teachers of writing and teachers of other
subjects who are interested in writing, including teachers who
serve students at the pre K-12, postsecondary, and adult
education levels. The program is also authorized to award
grants for classroom research projects conducted by elementary
and secondary school teachers.
TITLE II, PART C--CIVIC EDUCATION
This program supports the Center for Civic Education and
its education program that encourages instruction on the
principles of our Constitutional democracy; the history of the
Constitution and the Bill of Rights; congressional hearings
simulations; and annual competitions of simulated congressional
hearings for secondary school students. It also authorizes the
National Council on Economic Education to conduct Cooperative
Education Exchange programs that provide curricula and teacher
training programs in civics education and economic education,
developed in the U.S., for educators in eligible countries
overseas. Countries in Central and Eastern Europe, the
Commonwealth of Independent States, and the former Soviet Union
are eligible.
TITLE II, PART D--TEACHER LIABILITY PROTECTION
This Part provides civil litigation immunity to teachers,
principals, local school board members, superintendents, and
other education professionals, when they are sued in their
individual capacity under a federal cause of action for
monetary damages. The immunity, in general, extends to
reasonable actions that teachers and other administrators take
to maintain order and discipline in carrying out their official
duties. The protections do not extend to reckless or criminal
misconduct, or to actions that are prohibited under State or
local law. Furthermore, the immunity provisions do not affect
in any way tort claims or other causes of action that may be
brought under State or local law.
Title III--Education of Limited English Proficient and
Immigrant Children; Indian and Alaskan Native Education
TITLE III, PART A--ENGLISH LANGUAGE PROFICIENCY AND ACADEMIC
ACHIEVEMENT ACT
Title III, Part A of H.R. 1 consolidates the Bilingual
Education Act with the Emergency Immigrant Education Program
and the Foreign Language Assistance Program to create a formula
grant program to the States. The consolidated program provides
States and local providers with the flexibility to choose the
type of instructional program provided to limited English
proficient (LEP) children. The majority of changes are focused
on reforming federally funded programs for limited English
proficient children (including immigrant children and youth) in
order to ensure they become proficient in English and
transition into classrooms where instruction is not tailored
for LEP children as soon as possible. Title III, Part A
requires local educational agencies to obtain informed parental
consent prior to placing children in an instructional program
that is not taught primarily in English; provides parents the
right to choose among instructional programs if more than one
type of program is offered; and gives parents the right to
immediately remove their child from a program for limited
English proficient children. Title III, Part A also requires
reading and language arts assessments for children to be in
English who have attended school in the United States for at
least three consecutive years, and who participate in a program
funded under this Act; ensures that 95 percent of funds must be
used at the local level; and holds States accountable for
results by reducing all ESEA administrative funds up to 20
percent for States that fail to have the majority of their
limited English proficient children becoming English language
proficient
TITLE III, PART B--INDIAN AND ALASKAN NATIVE EDUCATION
Title III, Part B re-designates Title IX of the Elementary
and Secondary Education Act as Title III, Part B, and amends
the old Title IX as well as Title XI of the Education
Amendments of 1978, and the Tribally Controlled Schools Act of
1988. Taken together, these statutes provide most of the
federal government's's education aid that is specifically
targeted to American Indian and Alaska Native students and the
schools and the organizations that serve them. In updating and
improving these programs, the Committee has focused on
improving student achievement, targeting resources to the
programs that are providing the best results, greatly
increasing the flexibility of the programs at the local level
so that Native Americans and Alaskan Natives can make the
decisions which impact themselves, reducing the administrative
burden placed on participating entities, increasing the amount
of aid that actually reaches the classroom, and increasing the
emphasis placed on family literacy services for the effected
populations. In addition, with respect to education programs
funded by the Bureau of Indian Affairs, the Committee has
shifted as much authority and responsibility to the Tribes,
tribal organizations, and local school boards as possible while
maintaining accountability for the use of federal funds.
Title IV--Promoting Informed Parental Choice and Innovative Programs
TITLE IV, PART A--INNOVATIVE PROGRAMS
Subpart 1--State and Local Innovative Programs
Innovative Education Program Strategies (Title VI under
current law) is the only K-12 education block grant program
contained within the ESEA. It is the only formula program that
allows recipients to use funds to benefit any and all student
populations, in any and all schools. Under H.R. 1, the purposes
of the program are to: provide funding to enable States and
local educational agencies to implement promising educational
reform programs and school improvement initiatives based on
scientifically based research; provide a continuing source of
innovation and educational improvement, including support for
library services and instructional and media materials; and
meet the educational needs of all students, including at risk
students. H.R. 1 expands the State uses of funds to include
support for arrangements that provide for independent analysis
to measure and report on school district achievement. In
addition, Title IV, part A of H.R. 1 includes language to add
more uses of funds to the current list so LEAs can broaden the
scope of the program. These new uses include: professional
development activities and the hiring of teachers; activities
to promote consumer, economic, and personal finance education;
expanding and improving school-based mental health services;
community service programs that use qualified school personnel
to train and mobilize young people to measurably strengthen
their communities through nonviolence, responsibility,
compassion, respect, and moral courage; activities to improve
the quality of civics and government education; alternative
educational programs for those students who have been expelled
or suspended from their regular educational setting; and
programs to hire and support school nurses. Under current law,
up to 15 percent of the funds are retained, and controlled, at
the State level. H.R. 1 includes language to send 100 percent
of any new funding for this program over the FY 2001
appropriation to the local level. This change to current law
will result in more funds being sent to the school district and
classroom levels.
Subpart 2--Arts Education
H.R. 1 amends the Arts in Education programs found in Title
X, Part D, of the Elementary and Secondary Education Act. In
updating and improving these programs, the Committee has
focused on increasing the involvement of local arts educators
and State and local arts organizations, and on simplifying the
program by targeting resources to the programs that are
providing results. Specifically, the bill continues the Arts
Education program at its current funding level; updates
congressional findings and eliminates outdated references;
eliminates a restrictive consultation provision that has
prevented the participation of local organizations in the
program; shifts the focus of collaborative efforts to arts
educators and State and local arts agencies; requires the
Secretary to consult with arts educators and organizations
representing the arts when awarding grants; continues
participation in the program by the Kennedy Center and VSA arts
(formerly Very Special Arts); and requires that federal arts
education funds be used only to supplement and not supplant
non-federal arts activities. The bill further simplifies and
focuses the program by eliminating the unfunded Cultural
Partnerships for At-Risk Children and Youth program as well as
an outdated appropriations threshold.
Subpart 3--Gifted and Talented Children
H.R. 1 continues the Jacob K. Javits Gifted and Talented
Students Education Program, which awards grants to State and
local educational agencies, institutions of higher education,
and other public and private agencies and organizations to help
build a nationwide capability to meet the needs of gifted and
talented students in elementary and secondary schools. Since
1989, the Javits Gifted and Talented Program has funded almost
100 grants that supported model programs and practices for
educating talented students nationwide. Projects under the
program identify gifted and talented students; individualize
instruction; involve parents in the education of their
children; and expand educational opportunities by collaborating
with business, industry, and other organizations.
TITLE IV, PART B--CHARTER SCHOOLS
The Public Charter Schools Program provides three-year
competitive grants for the planning, program design and initial
implementation of charter schools to those States that have a
State charter statute. Charter schools are nonsectarian public
schools. The ``charter'' establishing each school is a written
performance contract that provides public support for the
school for a specified period of time. The school's charter
gives the school autonomy over its operation and frees the
school from regulations that other public schools must follow.
In exchange for autonomy, charter schools are held accountable
for meeting the terms of their charters including increasing
student academic achievement.
TITLE IV, PART C--MAGNET SCHOOLS
The Magnet Schools Assistance Program (MSAP) provides
competitive grants to local educational agencies for magnet
schools that are implementing school desegregation plans.
Magnet schools offer special vocational or academic programs
designed to attract students from outside the school's
traditional enrollment area. MSAP grantees receive three-year
awards, which cannot exceed $4 million per year. Funds may be
used for planning and promoting academic programs, acquiring
instructional equipment, and paying the salaries of fully
qualified teachers who conduct programs in magnet schools.
However, over the three-year period, a decreasing proportion of
the grant may be used for planning activities; 50 percent, 15
percent, and 10 percent respectively.
H.R. 1 reauthorizes the Women's Educational Equity Act
(WEEA). This program promotes gender equity in education and
provides financial assistance to enable educational agencies
and institutions to comply with Title IX of the Education
Amendments of 1972 (which prohibits sex discrimination in
educational programs and activities that receive federal
financial assistance). WEEA authorizes the Secretary of
Education to award two types of grants: to develop and
implement gender equity programs; and to provide ``support and
technical assistance'' in areas such as teacher training and
evaluation of exemplary programs, as well as for research and
development.
Title V--21st Century Schools
TITLE V, PART A--21st CENTURY SCHOOLS ACT OF 2001
Title V, Part A of H.R. 1 extends and amends the Safe and
Drug-Free Schools and Communities Act; the 21st Century
Community Learning Centers Program; and the Gun Free Schools
Act.
Title V, Part A brings three major federal laws with a
focus on the safety of students and teachers while at school
facilities together to form a comprehensive approach to school
safety and academic achievement. By bringing the Safe and Drug-
Free Schools and Communities Act, the 21st Century Community
Learning Centers program and the Gun Free Schools Act together
into a single title of ESEA, the Committee is signaling its
commitment to programs and activities authorized by this part
which will support efforts to prevent the use of illegal drugs,
prevent violence, and provide quality before and after school
activities for school-aged children in order to foster a safe
and drug free learning environment in which students increase
their academic achievement.
Subpart 1--Safe Schools
Subpart 1 reauthorizes and reforms the Safe and Drug-Free
Schools and Communities Act (SDFSCA). It provides funds to
States through a formula based 50 percent on school age
population and 50 percent on Title I to assist in the
establishment, operation, and improvement of programs of drug
and violence prevention in elementary and secondary schools.
Subpart 1 continues the current law authorization for Governors
to use up to 20 percent of a State's SDFSCA grant to provide
competitive grants to local educational agencies, community-
based organizations, and other private and public organizations
for activities consistent with the goals of the Act. The
remainder of funds are distributed by formula grant to local
educational agencies. The new formula reflects the Committee's
desire--evident throughout H.R. 1--to target federal resources
to schools with high proportions of low-income students.
Subpart 2--21st Century schools
Subpart 2 specifically focuses on 21st Century Community
Learning Centers programs and provides funds through a formula
to the States based 50 percent on school age population and 50
percent on Title I. States will use the federal funds to
provide grants on a competitive basis to local educational
agencies, community-based organizations, and other private and
public organizations to administer before and after school
programs for youth.
Subpart 3--National programs
Subpart 3 authorizes national programs to support the goals
of Title V, part A including demonstrations and evaluations of
innovative programs, information dissemination, and technical
assistance.
Subpart 4--Gun possession
Subpart 4 reauthorizes the Gun Free Schools Act, which
requires local educational agencies to have a policy in place
requiring a one-year expulsion for any student who possesses a
firearm on school property. The law provides flexibility for
local schools by allowing the head of an LEA to consider the
appropriateness of the expulsion on a case by-case basis. In
addition to some minor modifications to the act, H.R. 1
eliminates the section that requires the Secretary to
disseminate policy guiding the implementation of the Act and
its connection to Individuals with Disabilities Education Act
(IDEA).
Subpart 5--General provisions
Subpart 5 contains general provisions, parental consent
requirements, prohibited uses of funds, and definitions.
H.R. 1 also requires a greater focus on quality programming
by including ``Principles of Effectiveness'' in Subparts 1 and
2. The principles require any program or activity funded under
the Act to be: based upon an assessment of objective data;
based upon performance measures established by the LEA; based
upon scientifically based research that provides evidence that
the program or activity will prevent or reduce drug abuse and
violence (there is a waiver for innovative programs with a
likelihood of success); and be periodically evaluated with the
results used to improve the program or activity.
TITLE V, PART B--ENHANCING EDUCATION THROUGH TECHNOLOGY
Enhancing Education Through Technology consolidates all of
the current Title III programs under the Elementary and
Secondary Education Act (except for Ready To Learn Television
and the Telecommunications Demonstration Project for
Mathematics) into a single performance-basedtechnology grant
program. These programs include the Technology Literacy Challenge Fund,
the Local Innovation Challenge Grants, Regional Consortia, Technology
Leadership Activities, Preservice Teacher Training in Technology,
Community-Based Technology, and Star Schools. At the federal level, 95
percent of the consolidated funds are provided to the States through a
formula based 50 percent on the State's school age population and 50
percent on Title I. The Secretary may spend the remaining 5 percent on
evaluations, technical assistance, and programs of national
significance.
At the State level, States may spend 5 percent on
activities such as technical assistance and funding innovative
programs. From the State to local level, 95 percent of the
funds are directed to local educational agencies. Of the total
funds going locally, 60 percent is distributed through a State
formula based 100 percent on Title I, while the remaining 40
percent is competitively distributed by the State. Funds may be
used for increasing access to technology (particularly in high-
need schools), improving teacher professional development in
technology, and/or promoting innovative State and local
initiatives that use technology to increase academic
achievement. Enhancing Education Through Technology also
maintains the current legal requirement that recipients of
funds must have technology in place for the protection of
minors, to filter or block obscenity, child pornography, and
material that is harmful to minors.
Enhancing Education Through Technology also consolidates
the Ready To Learn Television program and the
Telecommunications Demonstration Project for Mathematics under
a new subpart entitled Ready To Learn, Ready To Teach. Under
this subpart, the Secretary is required to fund the Ready To
Learn Television program and may fund the development of
digital content and a national telecommunications-based program
to improve the teaching of core academic subjects (similar to
that of the Telecommunications Demonstration Project for
Mathematics).
TITLE V, PART C--CHARACTER EDUCATION
This program awards grants to State educational agencies,
local educational agencies, or a consortia of such agencies for
the design and implementation of character education programs
that can be integrated in State academic content standards and
can be carried out in conjunction with other educational reform
efforts. Each agency or consortium may contract with outside
sources, including institutions of higher education and private
and nonprofit organizations (including religious
organizations), for assistance with evaluation, developing
secular curricula, and integrating secular character education
into the curriculum and teaching methods. Each recipient of
assistance under this part must take into consideration the
views of the parents of students when selecting elements of
character that will be taught under the program. Elements of
character selected under the program may include the following:
trustworthiness, respect, responsibility, fairness, caring,
citizenship, and giving.
TITLE V, PART D--SCHOOL COUNSELING
This currently authorized program provides local
educational agencies with funding for counseling and
educational needs of all students. Authorized activities
include expanding counseling services through qualified
counselors, providing innovative approaches to increase
children's understanding of peer and family relationships,
including in service teacher and counselor training and
parental involvement, and ensuring team approaches to school
counseling.
TITLE V, PART E--MENTORING PROGRAMS
This new program provides assistance to promote mentoring
programs for children with greatest need. The program is
designed to assist such children in receiving support and
guidance from a caring adult, to improve their academic
performance and interpersonal relationships among their peers,
teachers, other adults, and family members, to reduce dropout
rates, and to reduce juvenile delinquency. Eligible entities
include local educational agencies, community based
organizations and partnership between the two.
Title VI--Impact Aid
Title VI of H.R. 1 makes technical changes to the Impact
Aid program that was reauthorized during the 106th Congress.
The Impact Aid Reauthorization Act of 2000 was enacted as part
of the Floyd D. Spence National Defense Authorization Act for
fiscal year 2001. Title VI modifies the new ``hold harmless''
formula for distributing funds under Section 8002 (payments for
federal acquisition of real property) to ensure that school
districts of all sizes receive a fair share of funds under this
section; makes minor modifications to the section of the
formula benefiting small school districts; makes technical
corrections to the construction provisions to clarify
Congressional intent; modifies language in Section 8009
(equalized States) to clarify that funds provided to school
districts based on their identification as ``heavily impacted''
would be exempt from State equalization; extends the filing
deadline for a school in Colorado; and extends the
authorization for Impact Aid through 2006.
Title VI also makes technical corrections to the Impact Aid
construction program to correct a misinterpretation of the
eligibility requirements for certain grants. Specifically, it
clarifies that an LEA is considered to be unable to fund
construction needs through bond issues if the assessed value of
the taxable property within the LEA is less than $25 million;
clarifies that an LEA is considered to have minimal capacity to
fund construction needs through bond issues if the assessed
value of the taxable property within the LEA is greater than
$25 million but less than $50 million, and the LEA has already
used at least 75 percent of its existing bonding authority for
other construction needs; separates the application process for
emergency grants from that of modernization grants; and
clarifies that the Secretary is to fund projects that address
threats to the health and safety of students or school staff
prior to funding grants intended only for school modernization.
TITLE VII, PART A--ACCOUNTABILITY
Part A of Title VII provides rewards for States that make
significant progress in academic achievement for students as a
whole, for students from low-income families, and for students
from major racial and ethnic groups based on the State academic
assessments under Title I and a second indicator consisting of
the State National Assessment of Educational Progress (NAEP) or
another assessment selected by the State; sanctions States that
fail to make adequate yearly progress for their disadvantaged
students by reducing their administrative funds; provides
StatesWith funds to develop annual assessments, or if a State
has developed those assessments and standards, to carry out other
activities related to ensuring accountability for results in the
State's schools and local educational agencies; and provides bonuses
for States that have annual assessments for grades 3 through 8 in place
prior to the 2004-2005 school year.
TITLE VII, PART B--FUNDING FLEXIBILITY FOR STATE AND LOCAL EDUCATIONAL
AGENCIES
Part B of Title VII of H.R. 1 authorizes States and local
educational agencies to transfer their non-Title I formula
grant allocations to other federal ESEA formula grant programs.
Specifically, it allows States to transfer up to 50 percent of
their State activity allocations between programs. Local
educational agencies may transfer up to 50 percent of a
program's allocation to other programs. LEAs identified for
improvement under Title I can only transfer funds for school
improvement activities, up to 30 percent. LEAs in corrective
action cannot transfer any funds.
Title VIII--General Provisions
Title VIII of H.R. 1 includes general provisions that
affect all Elementary and Secondary Education Act (ESEA)
programs. The bill adds several new definitions, moves some
definitions from within individual programs into the general
provisions and modifies other definitions. Title VIII provides
flexibility to combine administrative funds of all ESEA
programs, and allows States and school districts to submit
single consolidated plans for all ESEA programs. The authority
of the Secretary to waive burdensome regulations is continued
from current law.
With respect to private school students and staff,
authority in current law for such students and staff to receive
services under ESEA programs is strengthened. At the same time,
H.R. 1 prohibits the federal government from exercising any
control over home schools or private schools that do not
receive ESEA funds.
Many of the prohibitions placed upon the federal government
are continued and strengthened. The Committee has continued and
strengthened the prohibition which restricts the federal
government from controlling, mandating or directing curriculum.
National, tests are prohibited, as well as any kind of
mandatory national teacher or paraprofessional test or
certification. In addition, H.R. 1 ensures that individual
assessment results are protected from disclosure to third
parties pursuant to the General Education Provisions Act and
ensures that no State is required to have academic content
standards or achievement standards approved by the federal
government. Protections against the establishment of any
national database of personally identifiable information are a
part of the bill.
With respect to social issues, H.R. 1 prohibits funds from
being used to operate a program of contraceptive distribution
at schools and prohibits funding of sex education in schools
unless such programs are age appropriate and emphasize
abstinence.
Two Sense of the Congress provisions are included in the
bill--one relating to religious memorials on campus and the
other relating to paperwork reduction.
Other provisions authorize the Secretary to reserve funds
to carry out program evaluations.
A new provision relating to voluntary school prayer is
included in the bill.
Finally, language is included in the general provisions
which transfers the authority under the existing Title XIII of
ESEA relating to comprehensive regional assistance centers, the
national diffusion network, regional math and science
consortia, and technology based technical assistance to Title
VIII of the ESEA; and transfers the authority of the Regional
Technical Support Centers under the existing Subpart 3 of Part
A of Title III to Title VIII of ESEA.
TITLE IX, PART A--AMENDMENTS TO OTHER ACTS
Subpart 1--National Education Statistics Act
Subpart 1 of Part A of Title IX amends the National
Education Statistics Act to make changes to the National
Assessment of Educational Progress (NAEP) to clarify that for
purposes of Title VII accountability there is no cost-sharing
requirement of the States. Subpart 1 also authorizes annual
State NAEP assessments in reading and mathematics in the fourth
and eighth grades.
Subpart 2--Homeless Education
The McKinney-Vento Homeless Assistance Act authorizes
formula grants to States, based on State allocations for grants
to local educational agencies under Title I, Part A of the
Elementary and Secondary Education Act. Grants must be used for
State and local programs to provide equal access to a free,
public education for homeless children and youth, including a
public preschool education, equivalent to that provided to
other children and youth. Grants must also be used to establish
an Office of Coordinator of Education of Homeless Children and
Youth within each State educational agency; to implement
professional development activities for school personnel; and
to provide each child or youth the opportunity to meet the same
State student academic standards that others are expected to
meet. H.R. 1 makes several changes to current law to better
meet the educational needs of homeless children and youth.
Among other things, H.R. 1 requires schools to immediately
enroll homeless children and youth, thereby eliminating delays
caused by lack of records and other enrollment requirements;
ensures that public notice of the educational rights of
homeless children and youth are disseminated in school
districts; ensures that schools keep children in their school
of origin whenever possible and appropriate; prohibits a State
receiving funds from segregating a homeless child, either in a
separate school or in a separate program within a school, based
on that student's status as homeless (this provision contains a
grandfather clause that ensures established schools do not lose
funding); provides States with greater flexibility to use
McKinney-Vento funds for Statewide support and technical
assistance activities; and increases the amount of McKinney-
Vento funding available to small States.
TITLE IX, PART B--REPEALS
Part B of Title IX of H.R. 1 repeals several ESEA programs
including the National Education Goals Panel, the Fund for the
Improvement of Education, the Urban Education program, the
Physical Education for Progress program, the Coordinated
Services program, and the Education Infrastructure program.
Committee Views
INTRODUCTION TO H.R. 1
Transforming the Federal Role in Education So That No Child is Left
Behind
As America enters the 21st Century full of hope and
promise, too many of our neediest students are being left
behind.
Although education is primarily a State and local
responsibility, the federal government is partly at fault for
tolerating these abysmal results. The federal government
currently does not do enough to reward success and sanction
failure in our education system.
Since 1965, when the federal government embarked on its
first major elementary-secondary education initiative, federal
policy has strongly influenced America's schools. Over the
years Congress has created scores of programs under the
Elementary and Secondary Education Act of 1965 that intended to
address problems in education without asking whether or not the
programs produce results, or knowing their impact on local
needs. Yet, after spending billions of dollars on education, we
have fallen short in meeting our goals for educational
excellence. The academic achievement gap between rich and poor,
minorities and non-minorities, is not only wide, but in some
cases is growing wider still.
In reaction to these disappointing results, some have
decided that there should be no federal involvement in
education. Others suggest we merely add new programs into the
old system. Surely, there must be another way--a way that
points to a more effective federal role. The policies in H.R. 1
are based on the fundamental notion that an enterprise works
best when responsibility is placed closest to the most
important activity of the enterprise, when those responsible
are given greatest latitude and support, and when those
responsible are held accountable for producing results. H.R. 1
will accomplish this by granting unprecedented new flexibility
to local school districts, demanding results in public
education through strict accountability measures, empowering
parents, and providing a safety valve for children trapped in
failing schools. Specifically, it does the following:
Enhances accountability and demands results
H.R. 1 includes President Bush's rigorous plan for holding
State and local school districts that use federal funds
accountable for improving student academic achievement.
H.R. 1 requires States and local schools to demonstrate
results through annual reading and math assessments for
students in grades three through eight. The plan authorizes
$400 million to help States design the tests.
Grants unprecedented local flexibility
H.R. 1 dramatically enhances flexibility for local school
districts, giving them the freedom to transfer up to 50 percent
of the federal education dollars they receive among an
assortment of ESEA programs as long as they demonstrate
results. Local school districts do not have to receive
permission from the State or the Education Secretary to
transfer funds.
This unprecedented new flexibility gives local school
districts the freedom to target resources where they're needed
most--from class size reduction, to higher teacher salaries, to
technology in the classroom--and address needs that often
change from one year to the next, since these transfers are not
permanent and must be made on an annual basis.
Consolidates duplicative programs
The bill gives States and local schools additional
flexibility to improve student performance by consolidating a
host of duplicative programs to ensure that State and local
officials can meet the unique needs of students.
H.R. 1 eliminates or consolidates 34 federal Elementary and
Secondary Education Act (ESEA) programs out of a total of 66,
streamlining over 50 percent of the federal K-12 education
bureaucracy.
Empowers parents
H.R. 1 requires States and school districts to prepare
annual report cards on their schools to better inform parents
about the quality of their child's school.
Moreover, it allows parents to remove their child from a
low-performing school and send them to a different public
school immediately after their school has been identified as
failing.
Creates a safety valve for children in failing schools
Before giving parents the option of sending their children
to another school, H.R. 1 gives low-performing schools the
chance to improve by offering them financial and other
technical assistance to improve and increase student academic
achievement.
If a school does not make adequate yearly progress after
one year, the district must implement certain actions to
improve the school, such as replacing certain staff, as well as
offer public school choice to all students in the failing
school.
H.R. 1 allows parents to use Title I funds to provide
supplementary educational services--including tutoring, after
school services, and summer school programs--for their
children.
Parents will choose from a list of providers that meet
certain criteria, including private faith-based providers.
Prohibits national testing
H.R. 1 explicitly prohibits federally sponsored national
testing, federally controlled curriculum, as well as any
mandatory national teacher test or certification.
Authorizes the President's Reading First initiative
H.R. 1 focuses on effective, proven methods of reading
instruction and triples federal literacy funding from the
present $300 million to $900 million in 2002.
The President proposes to spend $5 billion over the next
five years on reading programs for K-3 children.
Improves teacher quality
H.R. 1 will not fund a separate program that can only be
used by school districts for class size reduction. Instead,
school districts will have the flexibility to use funds to
reduce class sizes by recruiting, hiring, and training
teachers, or on professional development.
Makes schools safer
H.R. 1 authorizes the Safe and Drug-Free Schools program,
the 21st Century Community Learning Centers Act, and the Gun
Free Schools Act--which helps States and local school districts
fund drug and violence prevention programs and before- and
after-school activities.
As part of the broad effort to make schools safer, H.R. 1
allows teachers to remove violent and persistently disruptive
students from the classroom without fear of legal
repercussions.
Improves math and science education
H.R. 1 establishes the Math and Science Partnership program
to provide grant funds for States to work in conjunction with
institutions of higher education in strengthening K-12 math and
science education.
Partnerships will focus on strengthening math and science
instruction in elementary and secondary schools, and may
include such activities as making math and science curricula
more rigorous, improving professional development, and
attracting math and science majors to teaching.
Protects home schools
Home schools are freed from federal regulations not only in
the Elementary and Secondary Education Act (H.R. 1), but also
all programs administered through the U.S. Department of
Education.
The bill exempts all home schools and those private schools
that do not use federal funds from all testing requirements
referenced in H.R. 1.
TITLE I, PART A--BASIC PROGRAM
Historical Perspective
Title I, the largest federal Elementary and Secondary
Education Act (ESEA) program, provides supplemental educational
services to children who are achieving below grade level. From
the time it was first enacted in 1965 until the present,
taxpayers have provided more than $120 billion in funding, with
the initial investment in 1965 of $960 million having risen to
$8.6 billion in 2001.
The reach of Title I is broad. Title I provides services to
more than 12.5 million students enrolled in 45,000 schools and
13,000 school districts. Fifty-seven percent of all schools
receive Title I funds. Ninety-six percent of the highest
poverty schools (schools with more than 75 percent of students
in poverty) receive Title I funds, an improvement from 79
percent in 1993-94. Funding for low-poverty schools declined
from 49 to 36 percent over the same period. Title I grants or
services are provided to almost all school districts in the
country--approximately 90 percent.
Over its 34-year history, Title I has been confronted with
questions about its effectiveness in raising the academic
achievement of the students it serves. During its first 30
years (1965-1995), Title I largely functioned as an isolated
program with separate services, lower expectations, and
different testing requirements. Federal dollars were tied to
eligible students, so that federal funds provided supplementary
aid only to eligible students rather than general aid to all
students. Participants in Title I programs were selected by
their test scores and usually remedied through ``pull out''
programs that typically provided an additional 30 minutes per
day in basic skills. Funds were provided based on the number of
low scoring students, which created a disincentive to improve
scores, for when they did improve, Title I funds were
reallocated to other students and schools with lower scores.
The 1993 interim report of the National Assessment of Title
I found that it did not provide the services necessary to help
at-risk students in high-poverty schools to close their
academic achievement gaps with students in low-poverty schools.
Studies of Title I also found that expectations were lower for
students in high-poverty schools, and that attending high-
poverty schools had a negative effect on student achievement.
The final report, released in 1997, confirmed the generally
negative findings from the interim report:
In the period covered by this study, children in
high-poverty schools began school academically behind
their peers in low-poverty schools, and were unable to
close this gap in achievement as they progressed
through school. When assessed against high
academicstandards, most students failed to exhibit the skill and
mastery in reading and mathematics expected for their respective grade
levels. Students in high-poverty schools were, by far, the least able
to demonstrate the expected levels of academic proficiency.
(``Prospects: The Congressionally Mandated Study Educational Growth and
Opportunity,'' Puma et al. 1997, p. iv)
The ESEA reauthorization in 1994 made significant changes
to Title I based on the findings in the 1993 interim report of
the National Assessment of Title I. The Improving America's
Schools Act (IASA) of 1994 reshaped Title I based on a new
approach of standards-driven reform, and an emphasis on
schoolwide reform instead of pull-out programs. Under the new
Title I law, States were required to develop challenging
content and performance standards for all students that would
be linked to an aligned assessment and accountability system.
Students in schools receiving Title I funds would be held to
the same standards as students in other schools, eliminating
dual accountability systems. In addition to setting high
standards, Title I funds were focused on teaching and learning,
through upgrading curriculum, accelerating instruction, and
providing teachers with professional development to teach to
high academic standards.
The latest report of the Congressionally mandated National
Assessment of Title I (NATI), released in January 2001, came to
mixed conclusions on the progress of student achievement in
high-poverty schools. Because the changes in 1994 allowed for
more flexible uses of Title I dollars and schoolwide reform, it
is challenging to measure the impact of the Title I program on
student achievement since it is difficult to disentangle its
effect from the impact of State and local reform efforts that
the program is designed to support. Using trends in State
assessment data and the National Assessment of Educational
Progress (NAEP), the report was able to show some progress and
some stagnation. On State assessments, it found that three-year
trends reported by nine States demonstrated progress in the
percentage of students in the highest poverty schools meeting
the State standards for proficiency in reading and mathematics.
State assessments also demonstrated some progress in narrowing
the achievement gap between high and low poverty schools.
NAEP data, however, paint a different picture of student
achievement since the 1994 amendments. NATI reports ``In
contrast to the recent State assessment data, longer-term
trends in NAEP scores depict a widening achievement gap between
high and low poverty schools from the late 1980s to 1999.'' The
achievement gap is ``substantial, equal to several grade
levels.'' Furthermore, it found that ``among the lowest-
achieving students, NAEP reading performance as measured by the
main NAEP shows no significant change during the 1990s.''
It is difficult to link any of this achievement data to the
changes made to Title I in 1994. The 1999 NATI study pointed
out that ``full implementation [of the 1994 reforms] in
classrooms across the country has yet to be accomplished.''
Dissemination of information about the 1994 reforms did not
reach all schools and school districts. For example, the report
Status of Education Reform in Public Elementary Schools:
Principals' Perspectives, indicated that most principals in
Title I eligible schools were unaware of the standards-based
reforms required by the 1994 legislation, and so it is even
more difficult to attribute the increase in scores to the 1994
changes in Title I. Though these reports only represent a
sample of the studies that have been conducted since 1965, they
are reflective of continuing concerns.
At the beginning of the 21st century, 36 years after the
enactment of Title I, the effectiveness of Title I in improving
the academic achievement of students below grade level remains
unclear. In order to ensure that another decade does not go by
with widening achievement gaps, H.R. 1, the No Child Left
Behind Act of 2001, makes significant improvements to current
law. It places a priority on academic accountability and
granting flexibility to schools and teachers to make decisions
as to how to best meet the needs of disadvantaged students.
Final, aligned assessments required by the 1994 reauthorization
must be in place, or a State is subject to administrative
sanctions; States must annually assess children in reading and
math in grades 3 through 8; all groups of students
(economically disadvantaged, minority, limited English
proficient, and others), not just students in the aggregate,
are to show improvement; in order to empower parents with
information, States, school districts and schools will issue
report cards on the academic achievement of their students with
results broken-down so communities can better see where
achievement gaps remain or widen; public school choice will be
offered to parents of students enrolled in low performing Title
I schools; additional help and expertise will be made available
to failing schools to help them turn themselves around;
economically disadvantaged students in persistently failing
schools will have the option of receiving supplemental
educational services from a provider of their choice; and
schools that continue to fail will be subject to corrective
actions, and eventually significant measures such as
reconstitution.
Achieving Excellence Through High Academic Standards and Accountability
The structure of H.R. 1, the No Child Left Behind Act of
2001, builds upon the standards-based approach to Title I that
was adopted in the 1994 amendments (Improving America's Schools
Act, P.L. 103-382) to Title I. The 1994 changes to the Title I
statute required States to develop State content and
performance standards by the 1997-98 school year and State
assessments aligned to those standards by the 2000-2001 school
year. States are now expected to have established challenging
content and performance standards, implemented assessments that
measure student performance against these standards, hold
schools and school systems accountable for the achievement of
all students, and align their Title I programs with these
policies. A single accountability system should be in place in
each State that applies equally to all students so that all
students are held to the same high academic standards.
States are complying with the current ESEA requirements to
varying degrees. The reasons for the uneven response, according
to the U.S. Department of Education, range from States not
being able to easily conform their own policies to federal
requirements, to a lack of funding and coordination at the
State level, to miscommunication between State and federal
officers. As of January 2001, 49 States, as well as Washington,
D.C. and Puerto Rico, had met the requirement for developing
core content standards in reading and math. Only 28 States had
approved performance standards, which are closely related to
the development of final State assessments. The U.S. Department
of Education is currently reviewing States' final assessment
systems, using a peer review process involving experts in
standards, assessments and Title I. The peer review process
does not directly examine a State's assessment instruments.
Some systems have been granted full approval, while others
still require improvement. Those States that have made
significant progress but will be unable to finalize their
systems by the 2000-01 test administration deadline have been
granted ``timeline waivers.'' States that are
significantlybehind and lack a clear plan for meeting the requirement
may be required to enter into compliance agreements with the Department
that outline how the State will make the changes necessary to comply
with the law.
Throughout H.R. 1, the Committee changed references in
current law to ``content standards'' and ``performance
standards'' to ``academic content standards'' and ``academic
achievement standards,'' respectively. The Committee's intent
is only to clarify the terms that are used to describe these
standards, not to in any way require States to change what they
have developed to meet the requirements for these standards
under the 1994 amendments.
It is the Committee's view that the intent of this Act is
that States adopt standards and assessments that measure
academic knowledge of math and reading, as opposed to applied
and contextual learning that focus on student workplace skills
and competencies. To the extent such research is available,
classroom instruction should be based on rigorous,
scientifically based research. The bill does not authorize the
Secretary to define the term ``academic'' for the States.
States may define the term ``academic'' as they see fit, or not
at all.
Annual Academic Assessments in Reading and Math for Grades 3-8
In accordance with the President's ``No Child Left Behind''
proposal, Section 1111 requires States to build on their
academic standards and assessments and annually assess students
in grades three through eight in reading and math. Only
standards, not assessments, are required to be developed for
science. The purpose of these annual, academic assessments is
to empower parents with information about the achievement of
their children, as well as to hold schools, districts and
States accountable for improving academic achievement. Without
assessments, no one can be held accountable for improving
student achievement. With annual assessments in reading and
math in grades three through eight, there will be more
information available to more accurately determine whether a
school is providing all of its students with a quality
education.
The Committee heard from several witnesses about the
importance of measuring student achievement annually. According
to Arizona Superintendent of Education Lisa Graham Keegan, who
testified at the March 14, 2001 hearing on ``Empowering
Success: Flexibility and School Choice'':
[T]he Congress is rightly very concerned about
whether flexibility will lead to academic gain, or to
academic stagnation with no strings attached. There
needs to be an accountability system in place that
measures student progress from year to year, and shows
whether or not each student is progressing adequately
toward well defined academic standards. Ideally, our
assessments should also let us know how we're doing as
States in relation to one another, and how we as a
nation stack up against other countries.
If a State only assesses in a few grades, it is more
difficult to diagnose strengths and weaknesses, and to address
problems in a particular classroom or grade level within a
school. With annual tests, problems can be found before it is
too late to fix them and can ensure that resources are directed
as effectively as possible.
Mr. Edward Rust, Co-Chairman of the Business Coalition for
Excellence in Education, testified before the Education Reform
Subcommittee on March 8, 2001, that ``we know it from a
business standpoint that you have got to measure progress or
you will never know whether or nor you are getting close to
your goal.'' He also testified that,
[T]he Committee for Economic Development's recent
report, entitled Measuring ``at Matters: Using
Assessment and Accountability to Improve Student
Learning, points out that tests are a means, not an
end, in school reform. Assessment and accountability
systems must be a part of the educational plan that
provides the data and information necessary to make
informed decisions about student progress. Continuous
review of assessment systems must be part of school
improvement plans. As the report notes, although there
are valid concerns about some testing practices, we
cannot wait for the ``perfect'' test. Instead, we must
continue to evaluate and improve the existing
assessment systems because they provide the best means
for charting our progress in improving student
achievement. The debate over testing should not be
about whether to rely on tests, but how best to improve
and use them to enhance educational outcomes.''
Section 1111(b)(4)(G) requires States to develop annual
assessments in grades three through eight in reading and math
by the 2004-2005 school year. It is the Committee's view that
States would continue to administer assessments developed under
Section 1111 prior to the enactment of H.R. 1. In addition to
implementing annual assessments in reading and math in grades
three through eight, States would continue to administer
reading and math assessments at least once during grades 10-12,
as required under current law. The Committee recognizes that
the requirement to have assessments in place by 2004-2005 will
present numerous challenges to many States, especially those
that have not yet met the 1994 assessments requirements.
Therefore, the Committee encourages States to seek technical
assistance from the U.S. Department of Education, if needed, as
soon as possible to ensure that they meet this deadline.
Section 1111 (b)(10) requires the Secretary to provide this
assistance.
States that fail to meet this deadline will be subject to
having a portion of their administrative funds withheld under
Section 1111(g). If they do meet the deadline, they may receive
a financial bonus in accordance with Section 7103.
Section 1111(b)(4)(F) also requires that State assessments
use multiple measures to ensure students are performing
academically. H.R. 1 clearly recognizes that States are
responsible for designing their assessments. As Mr. Rust noted
earlier, ``perfect'' tests do not yet exist, and high-stakes
decisions should not rest solely on one well designed, but
potentially fallible, assessment.
Timely and Useful Assessment Data
It is the Committee's view that in order-for annual
assessment data to be an effective accountability tool, school
districts and schools should receive assessments results as
soon as possible, but no later than the end of the school year.
Such assessment data should be provided in a format that is
easily accessible. State educational agencies should use
assessment data to assist local educational agencies in
improving the quality of instruction and identifying areas that
needimprovement or additional resources to improve student
academic achievement. Such assessment data should also be used to
improve the instruction and achievement of individual children.
Testing of Students in the English language
Recognizing the many benefits of prompt acquisition of
English language skills, the Committee has included language in
the bill regarding testing of students in the English language.
Section 1111 (b)(4)(H)(iv) would require that all students who
have attended schools in the United States for at least three
consecutive years be tested in reading and language arts in the
English language. Attaining both English proficiency,
particularly for reading and language arts tests, and academic
proficiency is especially important for the success of limited
English proficient students in the early years. However,
recognizing that there may be some situations where limited
English proficient students may have difficulty mastering the
language because of a lack of formal instruction in their
native language prior to entering the United States, the local
educational agency may extend the three-year time frame
mentioned above for one additional year on an individual, case-
by-case basis.
Section 1111 (b)(7) requires local educational agencies to
annually assess the English proficiency of all LEP students,
beginning no later than the 2002-2003 school year.
The Committee strongly believes that in order to ensure
that schools and school districts are held accountable for
improving academic achievement and English language proficiency
of limited English proficient and immigrant children, they
should be tested each year in the same manner as their English
speaking peers. Schools are held accountable for specifically
improving the academic achievement of LEP students. States will
include English language proficiency in their definition of
adequate yearly progress, solely for the purpose of rewards and
sanctions. States that fail to improve English language
proficiency will be subject to losing twenty percent of their
total administrative allocation under ESEA programs.
Adequate Yearly Progress for All Students
The adequate yearly progress provision in Title I of H.R. 1
is central to achieving the President's goal of leaving no
child behind. H.R. 1 ensures that States hold school districts
accountable for ensuring that schools make real progress each
year, and do not have low standards for high-poverty schools.
In order for all children to succeed, all schools, including
high-poverty schools, are expected to be high quality schools.
In order to identify low performing schools, there needs to be
a standard definition within the State of what a low performing
school is, based on State academic assessments in reading and
math and other measures a State may choose to include. Neither
current law, nor H.R. 1 specifically defines this for States.
It only describes what minimum variables the definition should
include, and that the State should expect its students as a
whole to make adequate gains each year.
As mentioned earlier in this report, under Title I law,
States develop academic content and achievement standards and
align their assessments to those standards. Under current law,
for purposes of determining the academic progress of Title I
students and schools, States develop a definition of ``adequate
yearly progess'' that: (1) is consistent with guidelines
established by the Secretary; (2) results 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; and (3) links progress
primarily to achievement on the State assessment, but
permitting progress to be established in part through the use
of other measures. Once a State develops its definition, it
then becomes the measure for determining whether Title I school
districts and schools are making adequate yearly progress.
H.R. 1 changes current law, in accordance with the
President's plan and bipartisan efforts during the 106th
Congress, to ensure that Title I schools are identified for
help and corrective actions if they aren't helping all
children, particularly economically disadvantaged and minority
students. Section 1111(b)(2)(C) of H.R. 1 strengthens and
clarifies adequate yearly progress requirements to ensure that
no child is left behind. Under current law, a school can be
deemed as making progress regardless of whether its
disadvantaged and ethnic minority students are improving. H.R.
1 specifically requires States to include as part of their
definition of adequate yearly progress the achievement of all
students, as well as economically disadvantaged students,
students from major racial and ethnic minority groups, students
with disabilities, and limited English proficient students.
Annual achievement objectives are required to be set for these
students in order to ensure continuous and substantial yearly
progress. Achievement goals are not required to be set for
groups where there are an insufficient number of students to
yield statistically significant results or would reveal the
identity of individual students.
A State's definition of adequate yearly progress is used to
measure progress at the State, district and school level. In
order to hold States accountable for ensuring its limited
English proficient students are improving their English
language proficiency, States are to include a measure of
English language proficiency. This indicator is solely for the
purpose of State accountability, described in Part A of Title
VII, not for measuring the progress of school districts and
schools. School districts are required to annually test limited
English proficient students, but such tests do not need to be
the same Statewide.
According to the first annual School Improvement Report
released by the U.S. Department of Education in January 2001,
an important factor distinguishing how States define adequate
yearly progress is ``understanding whether States require
schools to reach a threshold about which they will not be
identified for improvement, or whether all schools are required
to make progress every year.'' Twelve States use absolute
targets, rather than levels of actual progress as the only
measure of making adequate yearly progress. The remaining 37
States incorporate some measure of continuous progress in their
definitions. H.R. 1 continues the flexibility States have to
set definitions with absolute or continuous improvement
targets. It only specifies the timeline that States should
include in their definition (12 years) in order to ensure that
States expect schools to make substantial and continuous
progress.
Under H.R. 1 as introduced, States had to include a
timeline in their definition of progress such that gains each
year would be sufficient to bring all students up to the
State's definition of proficient'' in ten years. The Chairman's
mark changes this timeline to 12 years. States differ in the
percentage of students that schools are expected to bring up to
the basic or proficient level. According to the Education
Commission of the States, 14 States specify that 90-100 percent
of students are expected to reach proficiency. States also set
different timelines for meeting theirperformance goals, ranging
from six to 20 years. According to the U.S. Department of Education,
the modal target is ten years. H.R. 1 strikes a balance by requiring
States to include in their definition a timeline that is longer than
the target States most frequently set.
H.R. 1 further strengthens accountability by requiring
States to not only show progress for all students and to get
all students to proficient within 12 years, but to also be
closing achievement gaps at the same time. Recent NAEP results
in reading showed that while performance improved for non-
disadvantaged students, scores dropped for disadvantaged
students, thus widening the achievement gap. Title I funds are
intended to improve academic achievement for the neediest
students and should, at a minimum, be used to close achievement
gaps, while still promoting gains for higher-achieving
students.
While a State's definition of adequate yearly progress
applies to all public schools in the State, only Title I
schools are identified for improvement, corrective action or
restructuring, as required by Section 1116, for failing to make
adequate yearly progress.
It is the Committee's view that States such as Tennessee,
which administers what is known as the Tennessee Value Added
Assessment System (TVAAS) and measures school progress by
comparing students achievement to their past performance, would
not be precluded by the Title I adequate yearly progress
requirements and assessment requirements. In fact, the
Tennessee system is one that more accurately measures the
effects of schools and school systems on the average progress
of students for which they are responsible. The Committee
encourages States to move towards adopting similar assessments
for holding schools and school districts accountable, as well
for assessing the performance of teachers.
Mr. Scott (D-VA) offered an amendment in Committee, which
passed by a vote of 26-22, to include as part of the definition
of adequate yearly progress a measure of drop-out rates, as
defined by the National Center for Educational Statistics.
Empowering Parents with Annual State Academic Reports and School Report
Cards
In accordance with the President's proposal, Section
1111(h) of the No Child Left Behind Act of 2001 expands upon
current provisions of the Elementary and Secondary Education
Act, which require schools to collect and report to the public
information on the academic quality of Title I schools, in
order to empower parents with information about their schools.
Reporting this information is crucial to empowering parents to
hold schools accountable and getting them involved, and helping
fix schools that fail and choose another public school if their
child's school fails. Under section 1111 of current law, States
must develop State student assessments that will be used to
determine the adequate yearly performance of each local
educational agency and school. These assessments must enable
results to be disaggregated within each State, local
educational agency, and school by each major racial and ethnic
group, by English proficiency status, by gender, by students
with disabilities as compared to nondisabled students, and by
economically disadvantaged students as compared to students who
are not economically disadvantaged.
In recent years, many States have sought to provide more
information to parents and other taxpayers on the quality of
individual schools as a means to hold them accountable.
According to the Education Commission of the States, 40 States
require school districts and/or schools to report academic
achievement results to the public. However, many of these
reports fail to provide parents with adequate information. A
recent study called, ``Individual School Report Cards:
Empowering Parents and Communities to Hold Schools
Accountable,'' found that most States fail to provide parents
with essential information about their children's education. A
survey by Education Week found that 91 percent of taxpayers
believed that ``widely publicized ratings on such things as
test scores and graduation rates motivate public school
teachers to work harder to improve schools' performance.
``However, only 24 percent of these same taxpayers indicated
they had ever seen a school report card.
The No Child Left Behind Act of 2001 builds upon current
law and the efforts of States and localities to provide parents
and taxpayers helpful information on the quality of public
schools. The intent of the No Child Left Behind Act of 2001 is
to ensure that information on academic performance of Title I
schools is made available to parents and the public at large.
The information included in the annual State report and
school district report cards will enable parents, taxpayers,
and others to make informed judgments about the quality of
education in their communities. This information will also
empower parents to choose quality schools for their children.
Without data on academic achievement, public school choice
holds little promise for parents to find a better education for
their children.
State Report Cards
In order to hold schools accountable for improving the
performance of all students, State assessment results would be
reported to the public disaggregated by major subgroups of
students. The information on the report card would be for
public schools in the aggregate for the following categories:
student achievement on State assessments, by subgroup;
comparison of students at basic, proficient, and advanced
levels of performance on State assessments; graduation rates;
completion of Advanced Placement (AP) courses and passing AP
tests; professional qualifications of teachers; and percentages
of students not tested.
School District Report Cards
School districts would prepare annual reports for parents
and the public on the academic performance of schools in the
aggregate in the school district and by school. The school
district report cards would include information on: the numbers
and percentages of schools identified within the school
district as in ``school improvement'' (low performing) under
Title I; in the case of an individual school, whether it has
been identified for school improvement and how its students
performed on the State assessment compared to the school
district and State as a whole; comparisons of students at
basic, proficient, and advanced levels of achievement on State
assessments; graduation rates; completion of Advanced Placement
courses and passing AP tests; professional qualifications of
teachers; and percentages of students not tested.
The Committee is aware that some States and school
districts will need to make adjustments to be able to report
the required information, and accordingly, language has been
included to give States and school districts until the
beginning of the 2003-2004 school year to first report the
information to the public.
In addition to annual State academic reports and school
district reports, the No Child Left Behind Act of 2001 expands
accountability through a new ``parents right to know''
provision. Under this provision, local educational agencies
must provide parents, upon request, information on the
professional qualifications of their child's classroom teacher.
Such information must include whether the teacher is teaching
under an emergency or other provisional status, and whether
their child is being taught by a paraprofessional. Local
educational agencies receiving Title I funds must also provide
to parents their child's performance on each of the State
assessments.
These provisions come amid a growing body of research
showing that the quality of the teacher is the number one
factor in determining student academic success. In fact, the
impact of being taught by an unqualified teacher has been shown
to have a lasting negative impact on student achievement.
Therefore, the Committee believes parents in schools funded
under Title I should have every right to be informed when their
child is not being taught by a fully qualified teacher.
The Committee is aware of, and encouraged by, the
initiative of some States to establish nonprofit education
organizations that maintain websites of academic achievement
data, which enable comparisons of the progress of similarly
situated schools. For example, in Texas, the Just For Kids
nonprofit education organization has posted student performance
data since 1998 on a school-by-school basis. Their website
allows parents and other members of the community to view and
compare, on a longitudinal basis, how schools are performing
relative to other schools with similar demographics. In
addition, best practices at the successful schools are made
available, through the organization, to low performing schools
Parental Rights and Notification Provisions
Over the past few years, the Committee has heard a growing
number of complaints from parents whose children have been
placed and retained in bilingual education courses without
their permission or knowledge. In many instances, these parents
faced great resistance in their efforts to remove their
children from such programs.
Since the enactment of the Improving America's Schools Act,
Title I, Part A has provided services to limited English
proficient children. In fact, the Title I program far
outdistances the Bilingual Education Act in the provision of
services to limited English proficient children. For 1996-97, a
total of 430,724 children received services under the Bilingual
Education Act (with some children participating in several
programs). At the same time, two million limited English
proficient children were served under Title I, Part A. The
Committee is concerned that many of the problems related to
program participation that have arisen under the Title VII,
Bilingual Education Act will emerge under Title I, Part A, as
well.
Because of this concern, the Committee has included
language in Section 1112(g), as well as under Part A of Title
III, requiring local educational agencies to obtain informed
parental consent prior to placing a child in an English
language instruction program for limited English proficient
children. This restriction would not apply to classes, which
exclusively, or almost exclusively, use the English language in
instruction or where instruction is not tailored for limited
English proficient children. The provision does allow LEAs to
serve children if a response is not obtained from their parents
after written notice and reasonable effort to obtain such
consent is made. In such instances, a local educational agency
must document, in writing, that it has given such written
notice and has made specific efforts to obtain such consent.
LEAs must then provide proof of such efforts, in writing, to
the parents or guardian of the child at least 10 business days
prior to the actual provision of services under this part. Such
correspondence must include a final notice requesting parental
consent for such services.
Section 1112(g) also contains provisions that require the
parent or parents of children participating in programs under
this Act to be informed of: (1) the reasons for identification
of their child as being in need of English language
instruction, (2) their child's level of English proficiency and
how it was assessed, (3) the status of their child's academic
achievement and how the program will assist their child to
learn English and meet age-appropriate standards for
gradepromotion and graduation, (4) what the specific exit
requirements are for the program, (5) the expected rate of
transition from the program into a classroom that is not
tailored for limited English proficient children; and (6) the
expected rate of graduation from high school for the program
for children in secondary schools.
According to a November 1997, report issued by the United
States Commission on Civil Rights, entitled ``Equal Educational
Opportunity and Nondiscrimination for Students with Limited
English Proficiency: Federal Enforcement of Title VI and Lau v.
Nichols:''
School districts across the country are experiencing
serious tensions between school officials and parents
over placement. Many parents of students with limited
English proficiency are expressing dissatisfaction with
the education their children are receiving. For
example, in New York City, Maria Perez, a parent who is
fighting her child's placement in the city's bilingual
education program recently stated: `what bothered me
was that they place children in bilingual programs and
keep them there for years and years. They aren't
learning English.' The problems that prevent academic
success can and should be addressed by parents working
together with school personnel to determine where the
problems exist and how they can be solved.
The parental consent provisions in this bill make it very
clear that parents should play a major role in determining the
placement of their child in an English language instruction
program. Schools should not be making decisions regarding the
placement of English language learners unless they have reached
an agreement on such placement with the child's parents.
Parents want their child to learn English as quickly as
possible because they know it is essential in order to succeed
academically and later in the workplace. They should be able to
prevent their child from being placed in a classroom which they
do not believe will help them learn English and succeed in
school. Parents should also have the ability to remove their
child from such a classroom if they believe it is not in their
child's best interest. The Committee agrees with the report of
the Civil Rights Commission in stating that parents and schools
should be working together to make the best possible decisions
regarding the education of English language learners.
It is the view of the Committee that parents have the
primary responsibility for their children's education. These
new changes ensure that the parents of limited English
proficient children have the same rights as other parents. At
the same time, the Committee does not view these parental
consent provisions as a means to deny limited English
proficient children appropriate services, especially when a
response from the parent cannot be obtained. In such cases
where a response has not been obtained, the Committee believes
that limited English proficient children should receive
appropriate services without delay.
Ranking and Priority for Grades K-6
Under current law; once Title I funding reaches the school
district, all schools with over 75 percent poverty must be
served first, in rank order from highest to lowest poverty.
This provision is intended to increase the number of high
poverty schools that receive Title I funds, and that has been
the effect. According to the National Assessment of Title I,
Title I funds go to nearly all (95 percent) schools with over
75 percent poverty and nearly 75 percent of Title I funds go to
schools with poverty levels of 50 percent or greater. Schools
with lower poverty rates are less likely to receive Title I
funds. Only 36 percent of schools with 35 percent or less
poverty receive these funds.
Once the schools with 75 percent and greater poverty are
served, schools below 75 percent poverty are served in rank
order from highest to lowest poverty. A school district may not
serve a school below 75 percent poverty until all schools above
75 percent poverty are served. However, school districts may
choose to serve schools below 75 percent poverty within grade
span groupings or within the district as a whole, but
regardless of the choice, they must serve these schools in rank
order.
Section 1113 of the No Child Left Behind Act would continue
the ranking requirements under current law with the
modification that school districts, if they wish, may give
priority to the elementary grades before serving other schools
or grade levels. Essentially, this permissive authority would
allow school districts to first serve elementary schools above
75 percent poverty, in rank order, before serving other schools
above 75 percent poverty, and serve elementary schools below 75
percent poverty, in rank order, before serving other schools
below 75 percent poverty. Given the particular importance of
the early years of a child's education, the Committee believes
this priority will enable many school districts to more
effectively utilize Title I funding in improving student
academic achievement.
Schoolwide Programs
Under current law, schools with 50 percent or more poverty
may, if they wish, choose to serve all students in the school.
These schools are known as ``schoolwide programs.'' Under a
schoolwide program, funds could, for example, be used to
provide professional development to all of a school's teachers,
upgrade instructional technology, or implement new curricula.
Schoolwide programs also have the added flexibility of
combining federal, State and local education funds to serve the
entire school, rather than having to operate many separate
federal education programs with multiple sets of rules and
regulations. In addition, schoolwide programs utilize a
strategic plan. Strategic plans allow Title I services to be
considered within the broader context of a school's reform
goals, and provide a framework for better integration of Title
I within the regular academic program at the school.
In recent years, more and more schools have opted to
utilize the schoolwide approach under Title I. According to the
National Assessment of Title I, the number of schools
implementing schoolwide programs has increased fourfold since
1995 from about 5,000 to 19,227 in 1997-98. Local school
principals, teachers and administrators enjoy having the
schoolwide option. As of 1997-98, 82 percent of eligible
schools were using the schoolwide option and an additional 12
percent were considering implementing schoolwide programs.
Forty percent of all Title I schools operated schoolwide
programs in 1997-98.
Principals and teachers have found the schoolwide approach
offers increased opportunities to support comprehensive efforts
to upgrade an entire school, and thereby more effectively help
improve the achievement levels of the lowest achieving
students. The February 25, 1999, testimony of Ms. Madeleine
Manigold before the Subcommittee on Early Childhood, Youth, and
Families, noted that Texas schoolwide programs had been
particularly successful in improving the academic performance
for all students and all groups of students in reading and
mathematics. Further, her testimony indicated the achievement
gap has been closing at schools utilizing the schoolwide
approach at an even greater rate than in the State of Texas as
a whole.
The State of Maryland has also had success with schoolwide
programs. In Garrett County, through use of the schoolwide
approach and an Ed-Flex waiver, two elementary schools have
shown achievement on the Comprehensive Test of Basic Skills
(also know as TerraNova) well above national averages.
Sections 1114 would continue to authorize the schoolwide
approach, and expand it so that schools with 40 percent or more
poverty could operate schoolwide programs. The Committee
strongly endorses this increased flexibility at the local level
and recognizes that many more schools may soon utilize this
model for delivering Title I services than with the current 50
percent threshold.
It has come to the attention of the Committee that some
schoolwide programs have not been utilizing the authority under
current law to combine federal, State, and local education
funds to serve the entire school, because of State and local
fiscal accounting barriers. The consolidation of funds in order
to use all available resources to upgrade the entire
educational program in a high-poverty school is an integral
component of a ``schoolwide'' program. Section 1114(b)(1)
addresses this concern by making it clear that schools may
``consolidate'' funds. Current law states that the funds ``may
be used in combination'' with other funds, which is unclear.
Section 1114(b)(3)(C) addresses barriers that may discourage
schools from consolidating funds by clarifying that schools do
not need to conduct separate fiscal accounting by program to
demonstrate that the intent and purpose of the programs have
been met. The statute does not require separate fiscal
accounting records to demonstrate that the intent and purposes
of all the programs that contribute funds toward the schoolwide
program are met, but documentation is necessary. While the
statute does not specify what type of documentation would be
acceptable, the Committee anticipates acceptable documentation
would include evidence that activities wereconducted which
address the intent and purposes of the programs. Finally, Section
1111(c)(8)-(9) also addresses schoolwide accounting barriers to
consolidating funds by requiring States and localities to reduce any
such barriers that schools may be experiencing.
One of the components of a schoolwide program mentioned in
Section 1114 are schoolwide reform strategies. Such strategies
may include increasing the amount and quality of learning time,
such as extending the school year, before and after school
programs and summer programs. The Committee believes that after
school, summer enrichment, and gifted and talented programs
provide special opportunities for schoolwide improvement and
are valuable education reform tools.
With respect to pre-kindergarten services, the Committee
wishes to note that the No Child Left Behind Act retains as a
component part of a schoolwide program provisions for assisting
preschool children in the transition from early childhood
programs, such as Head Start, Even Start, or State run
preschool programs, to elementary school programs.
Specifically, the Committee improves upon these provisions by
requiring local educational agencies to coordinate their
educational services with those provided by local Head Start
agencies, mirroring a provision added to the Head Start Act. In
addition, local educational agency plans must describe how
local educational agencies will coordinate and integrate
services relating to Head Start, Even Start, and other
preschool programs, and how Title I funds will be used to
support preschool programs for children.
Targeted Assistance Programs
In addition to schoolwide programs, the other major program
model for delivery of Title I services is the targeted
assistance program. Under a targeted program, Title I services
are focused upon the lowest achieving students in the school.
For example, students may be ``pulled out'' of their regular
classroom for several hours of more intensive instruction by a
specialist teacher each week, or funds may be used to hire a
paraprofessional who provides additional assistance to low
achieving pupils in their regular classroom. School districts
and schools have substantial discretion in determining how they
will select pupils to be served by Title I, as long as their
methods are applied consistently to all pupils in the grades to
be served.
Section 1115 would essentially continue the targeted
assistance program intact with a few minor changes. However,
one significant change for both schoolwide programs and
targeted assistance programs would be the scientifically based
research requirement as mentioned below.
Academic Accountability for Title I Schools under Section 1116
In General
The centerpiece of President Bush's No Child Left Behind
education reform plan is academic accountability. His
accountability blueprint, which is included in Title I, Part A
and Title VII, Part A of H.R. 1, holds States, local
educational agencies (LEAs) and schools accountable for
ensuring that all students, including disadvantaged students,
meet high academic standards. In general, schools that fail to
make adequate yearly progress (as defined by the State) are
designated as low performing. The technical term for low
performing schools under Title I is ``school improvement.''
Under the accountability system, schools identified for school
improvement will first receive technical assistance and may
receive financial assistance to help them improve. Then, if the
schools continue to fail to make adequate yearly progress, a
series of corrective actions and restructuring measures are
required to be taken to help turn the school around and raise
the academic achievement of the school.
Funds for Turning Around Low Performing Schools
In order to assist States and school districts in their
efforts to turn around low-performing schools, H.R. 1 has
created a separate authorization of $500 million under Section
1002(j) to allocate to States for school improvement in order
to make subgrants to local educational agencies. Additionally,
the percent of funds States may reserve for school improvement
under Section 1003 has been increased from one percent in 2002
and 2003, to three percent for fiscal years 2004-06. In
awarding these funds, States are to give priority to those
local educational agencies with the lowest achieving schools,
have the greatest demonstrated need, and have the strongest
commitment to helping schools meet adequate yearly progress
requirements.
School Improvement
Section 1116 sets forth the requirements for LEAs to review
the academic progress of schools, to identify low performing
schools as in need of ``school improvement,'' to provide
technical assistance and potentially financial assistance to
such schools, and to undertake corrective actions and
restructuring to help improve such schools. According to the
first annual ``School Improvement Report'' of the Department of
Education (January 2001), the number of Title I schools States
have identified for school improvement has grown from 7,616 in
1996-97 to more than 8,800 in 1998-99.
Section 1116(a) establishes the LEA as the key agency for
reviewing the academic progress of schools. Each LEA reviews
the test results from reading and math tests under section
1111, as well as other measures, to determine whether each
school in the LEA is making adequate yearly progress, as
defined by the State. The results of this review are then
publicized in the community and disseminated to teachers,
staff, parents, and students. If a school is making adequate
yearly progress, then no further action is required under this
section. If, however, the school is not making adequate yearly
progress, then a series of steps to improve the quality of the
school must be taken.
Under section 1116(b), a school that fails to make adequate
yearly progress for one year, or that was in school improvement
status under current law prior to the effective date of the No
Child Left Behind Act, is designated for school improvement.
This changes current law, which requires that school districts
identify schools in need of improvement after two years of
failing to make adequate yearly progress. Because of the
President's commitment to turn around low performing schools,
his proposal changed the timeline so that schools are
identified after one year of failing to make progress in order
to provide schools at risk of failure with resources as soon as
possible to improve them as quickly as possible. The Committee
did not change the timeline in currentlaw for identifying local
educational agencies in need of improvement to avoid triggering an
entire school district as needing improvement based on one year of
data.
Once a school is designated for school improvement, then
the LEA is required to provide public school choice (unless
affirmatively prohibited by State law) to all students enrolled
in the school not later than the first day of the school year
following identification. For example, if a school receives its
test scores in May of 2002, then when school starts again in
August 2002, public school choice would be available. Providing
choice at this early stage in the process will enable parents
to quickly take steps to improve the quality of their child's
education. LEAs are also required to provide transportation
costs, to ensure that choice options are truly available to
children in the school that is identified for improvement.
Prior to a school's identification for school improvement
in section 1116 (b), the LEA is required to give the school an
opportunity to review the data on which the proposed
identification is based. Then, if the principal or a majority
of the parents of students at the school believe the
identification is in error, the principal may provide
supporting evidence to the LEA, which shall be considered a
final determination is made.
In keeping with current law, the Committee has continued
and strengthened requirements that schools identified for
school improvement develop an action plan not later than three
months after they are identified for improvement. The school's
action plan, developed in consultation with parents, school
staff, and the LEA, is to cover a two year period and include
the following: (1) scientifically based research strategies to
strengthen the core academic subjects; (2) policies that will
be undertaken to ensure that all groups of students will meet
the State's proficient level of achievement in 12 years; (3)
assurances that the school will reserve at least 10% of Title I
funds to provide high quality professional development that
directly addresses the academic problems that resulted in the
school improvement designation; (4) a specification of how
school improvement funds will be used to remove the school from
school improvement status; (5) specific annual goals for
progress by each subgroup of students; (6) information on how
the school will provide notification to parents about the
school's identification for improvement; (7) the respective
responsibilities of the school, the LEA and the SEA under the
plan, including the technical assistance that will be provided;
and (8) as appropriate, extended learning time.
For each school identified for school improvement, the LEA
has primary responsibility for providing technical assistance
as the school develops the school plan and throughout the
duration of the plan. In general, the technical assistance
shall: (1) be based on scientifically based research; (2)
include assistance in analyzing academic assessment data; (3)
provide professional development and instructional strategies
that are directed at lifting the school out of school
improvement; and (4) include assistance in analyzing and
revising the school's budget to focus on activities that will
help lift the school out of school improvement. While the LEA
has primary responsibility for technical assistance, the
assistance may also be provided by the SEA, institutions of
higher education, and other public or private entities.
Recognizing that parents play a vital role in the success
of schools, the Committee has taken significant steps to
empower parents in the school improvement process. Section
1116(b) requires LEAs to provide parents of students in schools
identified for school improvement with an explanation of what
school improvement means, how the school compares to other
schools in the district, the reasons for the school improvement
designation, an explanation of what is being done by the
school, how the LEA and the SEA will address low academic
achievement, an explanation of how parents can help the school
improve, and an explanation of a parent's right to transfer
their child to another public school, including a public
charter school.
Corrective action
Corrective action is reserved for those schools that have
been identified for school improvement and which have still
failed to make adequate yearly progress after receiving
technical assistance for a year. Unlike current law, where
``corrective action'' describes the most drastic actions an LEA
can take to turn around a low performing school, in H.R. 1,
corrective action is the second of three levels of options an
LEA must take to improve the failing Title I school. Public
school choice would continue to be required to be offered
pursuant to the school improvement requirement outlined above.
Under corrective action, the LEA is required to provide
transportation to the students to enable them to attend a
better public school, and the LEA may use up to 15 percent of
its Title I allocation to offset these costs. If all public
schools to which a student may transfer are designated for
school improvement, then the LEA shall, to the extent
practicable, establish a cooperative agreement with other
neighboring local educational agencies for students to attend
public schools outside their own LEA. During the year that
public school choice is offered, schools identified for school
improvement would receive technical assistance throughout the
school year, in an effort to improve their academic
achievement. If, after receiving technical assistance for that
year the school continued to fail to make adequate yearly
progress, then at least one corrective action would be
required. Corrective action is also required for schools that
have been in school improvement for two years, or in corrective
action status (under provisions of current law) as of the
effective date of the No Child Left Behind Act.
Corrective actions include such measures as: (1) replacing
school staff who are relevant to the failure to make progress;
(2) implementing a new curriculum and providing appropriate
professional development that is based on scientifically based
research; (3) significantly decreasing management authority at
the school; (4) appointing outside experts to advise the
school; (5) extending the school year or school day; or (6)
restructuring the internal organization of the school.
As with identification of a school for school improvement,
the LEA is required to publish and disseminate to the public
and to the parents of each student enrolled at the school,
information regarding corrective actions that are being taken
against the school. It is the Committee's desire that by
empowering parents with information on school quality, parents
will be in a better position to make decisions about selecting
the best possible schools for their children or helping to turn
around their children's schools.
Restructuring
Restructuring is the final and strongest remedy for helping
turn around low performing schools. This is a new third
category of failing schools. Essentially, restructuring is
reserved for schools that continue to fail to make adequate
yearly progress even after multiple actions have beentaken to
help them improve. It is triggered if economically disadvantaged
students in a school identified for corrective action fail to make
statistically significant progress after being in corrective action for
one full year. The rationale for only triggering restructuring if a
school fails to make adequate yearly progress and disadvantaged student
scores fail to increase by a statistically significant amount is to set
a higher threshold that schools must meet in order to be identified for
the more severe actions required by restructuring. A school identified
for restructuring under this criterion is a school that has failed for
three consecutive years. There is also a second condition that triggers
restructuring. A school that is identified for corrective action and
then fails to make adequate yearly progress for two additional years,
as described in 1116(b)(7)(A)(ii), will be identified for
restructuring, even if its economically disadvantaged students are
making statistically significant progress. The rationale for this
trigger is to ensure that schools in corrective action that continue to
fail to make adequate yearly progress are identified for restructuring,
even if their disadvantaged students are making some statistically
significant progress. A school identified under this criterion is a
school that has failed to make adequate yearly progress for four
consecutive years.
Under restructuring, public school choice must be provided
to all students at the low performing school along with
transportation to attend another school; funds must be made
available for the purchase of supplemental educational services
for economically disadvantaged students enrolled at the low
performing school. And, at least one of the following
alternative governance arrangements must be implemented,
consistent with State law: (1) reopening the school as a public
charter school; (2) replacing the principal and all or most of
the school staff that are relevant to the school's failure to
make adequate yearly progress; (3) arranging for a private
management company to operate the school; or (4) turning the
operation of the school over to the State, if permitted by
State law and agreed to by the State.
Supplemental educational services represent a refreshing
approach to the provision of Title I services. For the first
time, Title I dollars would follow the child from the low
performing school to a private provider of educational
services. These services provide an important ``safety valve''
for students trapped in failing schools. Specifically, under
section 1116(d)(1), low income families that have children
attending schools designated for restructuring would have the
opportunity to select a private provider to provide
supplemental educational services to their children. Parents
would select from a list of providers that has been approved by
the State educational agency. Once the parents select the
provider, the parent then notifies the LEA of their choice, and
the LEA then works out an arrangement to pay for the services,
as well as develops a statement of specific performance goals
for the student, how the student's progress will be measured,
and a timetable for improving the student's academic
achievement. Up to 40 percent of a school's Title I allocation
may be used to provide these services. In addition, an LEA may
use Title IV, Part A funds for this purpose and may use up to
15 percent of its Title I allocation for transportation
expenses.
Private school choice was included in section 1116(d)(2) in
the Committee substitute to H.R. 1 as one of the required
restructuring remedies. However, during Committee consideration
of H.R. 1, an amendment offered by Rep. George Miller (D-CA) to
strike all references to private school choice passed the
Committee. The amendment struck private school choice from
section 1116(d)(2) relating to students attending low
performing schools, from the use of funds for the Title IV,
Part A (Innovative Programs block grant), from Title IV, Part C
(School Choice Demonstration Research Project), and from Title
V, Part A (Safe Schools for the 21st Century), which would have
provided private choice to students who have been victims of
crime or who have been attending unsafe public schools.
Under restructuring, as with corrective action, if all
public schools to which a student may transfer have been
identified for school improvement, then the LEA shall, to the
extent practicable, work out a cooperative agreement for
students to attend schools in neighboring local educational
agencies.
Similarly, as with corrective action, local educational
agencies are required under restructuring to provide
transportation for public school choice and may use up to 15
percent of their Title I funds for transportation expenses.
Duration of Corrective Action and Restructuring
Corrective actions and restructuring measures are no longer
required for school improvement schools once the school makes
adequate yearly progress for two consecutive years. As a
corollary, the school would no longer be identified for school
improvement if such progress has occurred. Additionally, if any
school identified for corrective action or restructuring fails
to make adequate yearly progress, but children from low income
families in the school do make statistically significant
educational progress for one year, then the LEA shall place the
school in corrective action or continue the school in
corrective action.
School Improvement and Corrective Action for Local Educational Agencies
(LEAS)
Much like the process involved with LEAs overseeing schools
identified for school improvement, SEAs are responsible, under
section 1116(c), for overseeing LEAs as a whole and identifying
whether the LEA shall be designated as in need of improvement
and whether corrective actions should be taken.
As collective bargaining agreements expire, the Committee
encourages and expects educators and administrators to
negotiate new agreements that are consistent with the
requirements of section 1116, especially as that section
relates to corrective action and restructuring for failing
schools.
Just a few years ago the Committee heard from Ms. Alveda
King, the niece of the late Dr. Martin Luther King, Jr., and
herself a former public and private school teacher, about the
importance of parental choice. She said, ``It has been
demonstrated that when you implement a choice program, . . .
that you empower the parents, the system improves, the schools
begin to compete, and that hope arises.'' It is the Committee's
hope that these choice provisions, will indeed empower parents
and lead to great improvements in low performing Title I
schools.
Incentives for Academic Excellence
Under current law, authority is provided in Title I school
support teams and the designation and use of ``distinguished
educators'' to help turn around low performing schools. The No
Child Left Behind Act maintains these two concepts but improves
upon them through the establishment of the Academic Achievement
Awards Program in section 1117A. Under the Committee
substitute, States may set aside up to 30 percent of any
increases in Title I funding to provide cash awards for Title I
schools that have significantly closed the achievement gap or
that have exceeded their adequate yearly progress goals.
Teachers whose students have consistently made gains in
academic achievement in the areas in which the teacher provides
instruction may also receive cash awards. The Committee
believes that such awards and recognition will help to motivate
further gains in academic performance and focus our students,
teachers, and schools on success.
Local Control and Flexibility
H.R. 1 significantly expands the existing flexibility in
Title I at the local level. The flexibility accorded schools
which utilize a schoolwide approach (whereby a school is able
to consolidate several different federal education program
funds with State and local resources to serve all students at
the school) is strengthened by the lowering of the schoolwide
poverty eligibility threshold from 50 percent to 40 percent.
Section 1114, which provides this authority, will enable more
schools to consider utilizing this approach to serve Title I
students. Given the growing popularity of the schoolwide
approach (over 80 percent of schools eligible to implement a
schoolwide program actually utilize such an approach) it can be
expected that even more schools will take advantage of this
opportunity. Since 1995, the number of schools implementing
schoolwide programs has more than tripled, from about 5,000 to
approximately 19,227. An explanation of schoolwide programs can
be found under the heading of this report entitled ``Schoolwide
Programs.''
Another area where flexibility is maintained is in how a
school district or school uses Title I resources. Under current
law, Title I funds may be used to employ teachers and teachers'
aides, purchase supplemental reading and math instructional
services from a third party contractor, purchase computers,
conduct professional development activities, and other uses.
This flexibility in the use of funds is preserved in H.R. 1.
The Committee would also note that for States that have
become Ed-Flex States under the Education Flexibility
Partnership Act (P. L. 106-25) or its predecessor, the
Education Flexibility Partnership Demonstration Act, waivers
may be obtained for many of the provisions of Title I. Ed-Flex
recognizes that there may not be one single best way to operate
a federal education program. Texas and Maryland, in particular,
are two States that have utilized Ed-Flex authority to allow
more schools to participate in schoolwide projects and to
better target Title I funds to the lowest achieving students.
Such waivers as well as waivers under the Secretary's waiver
authority in Title VIII of H.R. 1 would remain available to
States and school districts under the bill.
Limitations Upon State and Local Administrative Funds
Under current law, States are permitted to set-aside one
percent of the Title I funds received under Parts A, C and D by
the State for State administrative expenses. The No Child Left
Behind Act would allow States to reserve an amount equal to the
greater of one percent of the amount it received for such parts
in fiscal year 2001, or $400,000, including any additional
funds the State might receive under a separate line item
authorization provided in section 1002(i)(2).
A large portion of these federal funds have been used in
the past to finance up to 80 percent of the operating expenses
of some State educational agencies. While some States have
reduced the relative share of federal funds used for this
purpose, the Committee believes that at a maximum, no more than
50 percent of the State educational agency's operating expenses
should be derived from Title I administrative funds. Section
1002(i)(3) of the No Child Left Behind Act would limit the
federal share to no more than State educational agency's share
of operating expenses.
At the school district level, no limit is currently placed
on the amount that can be used for administrative expenses. The
Department of Education's Study of Education Resources and
Federal Funding: Preliminary Report, issued in June 1999, shows
that about eight percent of Title I funds at the school
district level are spent on administrative costs. According to
the study, this percentage is greater than any other federal
elementary and secondary education formula grant program except
the Safe and Drug-Free Schools program. In keeping with the
Committee's continuing emphasis upon sending more dollars
directly into the classroom, the Committee has limited Title I
administrative costs at the school district level to no more
than four percent of the district's Title I allocation. This
limitation is found in section 1804 of the bill. The Committee
has further required, in section 1804, the Secretary of
Education to develop a definition of administrative expenses in
consultation with others.
Scientifically Based Research
Consistent with the Reading First Act in Part B of Title I,
the Committee believes that Title I programs--whether utilizing
the schoolwide approach or the targeted approach--should be
based on sound scientifically-based research. Dr. Reid Lyon of
the National Institute of Child Health and Development (NICHD)
in testimony before the full Committee on July 27, 1999, noted
that many educationally disadvantaged students continue to fail
at mastering reading because the methods of instruction--though
touted as ``research-based''--are not of the quality and rigor
that they should be in order to bring about improvements in
reading achievement. He said,
[G]iven that the term ``research-based'' implies that
the reading programs or approaches have been
objectively evaluated to determine for which children
the programs are most appropriate, why do so many
disadvantaged children continue to founder in reading?
One major reason is that the term ``research-based''
currently means many things to many people, with
significant variations in the scientific quality of the
research described by the use of the term. For example,
some instructional reading programs touted as
``research-based'' may be based upon mediocre and
substantially flawed scientific studies, while other
instructional programs are based on studies that meet
rigorous scientific criteria for research quality. The
problem is that many in the field of education do not
recognize the difference. To date, adherence to
scientific quality and criteria has not been a strong
guiding force in selecting and implementing
instructional reading programs and approaches for
children eligible for Title I services.
To address this shortcoming, the Committee has included
language in the bill, which ensures that the instructional
strategies used to provide Title I supplemental educational
services must be of high quality and based on scientifically
based research. This means the instructional strategies must
have resulted from the application of rigorous, systematic, and
objective procedures; must employ systematic empirical methods
that draw on observation or experiment; involve rigorous data
analyses; rely upon measurements or observational methods that
provide valid data across evaluators and observers and across
multiple measurements and observations; and have been accepted
by a peer-reviewed journal or approved by a panel of
independent experts through a comparably rigorous, objective,
and scientific review.
Empowering Parents
For several years Title I has actively engaged parents in
the education of their children through such things as parental
compacts and formal parental involvement policies. School-
parent compacts, which are developed by parents and school
officials, typically outline how parents, the school staff and
students will share the responsibility for improving student
achievement at the school. Such agreements also serve as the
means by which the school and parents build and develop working
partnerships to help children achieve to the advanced and
proficient levels on a State's assessments.
Section 1118 would generally continue the existing approach
of parental involvement as outlined above, but in a more
streamlined fashion. However, the Committee wishes to note that
there are several other new provisions in H.R. 1, which would
put more power in the hands of parents. As mentioned earlier in
this report, some of the most significant parental empowerment
provisions in the No Child Left Behind Act are the public
school choice options. School districts may use up to 15
percent of Title I funds for transportation in the optional
school choice program authorized by Section 1115A. Under
current law school districts may not use Title I funds for
transportation. Additional school choice options are further
described in the portion of this report that addresses academic
accountability under Section 1116.
Teachers, Paraprofessionals, and Professional Development
The Title I Follow-Up School Survey (Washington, DC: U.S.
Department of Education, 1998) found that approximately 74,600
full time teachers were funded under Title I during the 1997-98
school year, a level that has remained fairly consistent over
the past 20 years.
Given that up to half of Title I funds go toward teachers,
the Committee has been keenly interested in the quality of
these teachers. The U.S. Department of Education's 1999 Study
of Education Resources and Federal Funding, showed that in fact
all Title I teachers possess a Bachelor's degree, while half
have a Master's degree--reflecting the average educational
attainment of teachers nationwide. However, while it is known
that nationwide, 44 percent of middle schools teacher majored
in an academic field, there is not reliable data on the
percentage of Title I teachers with a major in an academic
field. Teacher Quality: A Report on the Preparation and
Qualifications of Public School Teachers, January 1999,
National Center for Education Statistics.
Although not specifically dealing with Title I teachers, a
report by the Education Trust entitled Good Teaching Matters,
Vol. 3, Issue 2, ``Thinking K-16'' A publication of the
Education Trust,'' provides data compiled by Richard Ingersoll,
a professor at the University of Georgia on the quality of
teachers in poor schools. Specifically, he found that while
only 15 percent of classes in low poverty schools are taught by
teachers lacking a major in their field, fully 25 percent of
classes in high poverty schools are taught by such teachers. As
the report notes, ``the very youngsters who are most dependent
on their teachers for content knowledge are systematically
taught by teachers with the least content knowledge.''
The United States Department of Education's 1999 National
Assessment of Title I noted teacher quality as one of the
challenges continuing to face Title I.
Along with the evidence that high-achieving high-
poverty schools focus attention on challenging
standards for all students, comes the reality that many
teachers are not prepared to teach to challenging
standards. In a 1998 survey, only about one-third of
teachers in schools with 60 percent or more poor
children believe they are well-equipped to use
standards in the classroom. This is particularly
noteworthy given evidence that teachers' reported
preparedness in both subject matter and instructional
strategies had a positive relationship with student
gains.
It is the strongly held view of the Committee that each and
every teacher hired using these funds be fully qualified to
teach. In a series of hearings held over the past three years,
the Committee has been provided the most recent findings on the
difference that a qualified teacher can make in the academic
lives of students.
Given the importance of teacher quality, and the high
proportion of federal education dollars used to fund teachers,
the No Child Left Behind Act includes language to ensure that
at a minimum, all teachers hired under Title I will meet the
teaching requirements within the State they are teaching. Each
State receiving Title I dollars will have to have a plan in
place to ensure that all teachers are fully qualified not later
than December 31, 2005. States will also have to report their
progress and the agency's and schools performance in increasing
the percentage of classes in core academic areas taught by
fully qualified teachers. This not only raises the bar for
teachers teaching under Title I, it also represents a signal to
school administrators that every effort should be made to avoid
assigning a teacher to a class in which the teacher has no
academic subject knowledge.
The Committee believes the combination of these minimum
education levels, along with the increased information provided
to the parents of students being taught by unqualified or
underqualified teachers, will have a significant and lasting
impact on the quality of instruction under Title I and an
increased level of academic achievement among students in Title
I schools.
H.R. 1 also incorporates language that requires States to
plan for how they will ensure all teachers in the State meet
their minimum certification or licensure requirements and will
be proficient in the academic subjects in which they teach.
Paraprofessionals
Teacher aides, otherwise referred to as paraprofessionals,
have been a fixture of Title I since its inception. In a report
prepared for the National Education Association,
Paraprofessionals in the Education Workforce, 1995, Anna Lou
Pickett, referring to such programs as Title I and Head Start,
noted ``federal legislation in the 1960's and 70's designed to
carry out the War on Poverty provided significant impetus and
support for the employment of paraprofessionals.''
Given this historical perspective, it may not be surprising
that nearly 40 years later, some leading education experts,
including those within the U.S. Department of Education, are
beginning to openly question whether the use of Title I aides
has amounted to simply a jobs program for those within the
community. This view is supported by the fact that the use of
paraprofessionals is often far greater in urban, and other
traditionally higher unemployment, areas.
A Los Angeles Times article (``Title I's $118 Billion Fails
to Close Gap,'' 1/17/99) highlighted some of the concerns
related to the use of paraprofessionals under Title I.
[P]art of the problem, according to high-ranking
education officials and other experts, is that schools
squander Title I funds on clerical workers and
classroom aides who lack the expertise to teach poor
students the kind of high-level skills needed to
compete with their more affluent peers.
It's pretty significant that half of the
instructional staff under Title I were
paraprofessionals,'' said Val Plisko, who supervises
independent evaluations for the Education Department's
Planning and Evaluation Service. ``For children who are
most at risk, you want the best-educated, the most
knowledgeable, the most effective teachers.
The 1999 National Assessment of Title I noted that there
has been a growth of paraprofessionals since 1993, from 65,000
full-time aides to 76,900 in 1997-98. (52,000 of these aides in
1997-98 were in high-poverty schools). It is estimated that up
to 25 percent of all Title I funds are used to hire
paraprofessionals. ``In California, the latest available
figures indicate that the ratio of aides to teachers paid for
by Title I funds is 4 to 1. At Los Angeles Unified, the
nation's second largest school district, the ratio is about 7
to 1.'' (1/17/99 Los Angeles Times)
Nevertheless, some educators see significant value in the
use of Title I funds for paraprofessionals when they are
properly trained, and utilized effectively by a qualified
teacher. However, there is growing evidence that the roles and
responsibilities given to paraprofessionals by both teachers
and principals, has gone beyond the original intent. Too often
paraprofessionals are asked to carry out duties for which they
are not qualified.
Currently, under ESEA, paraprofessionals employed with
Title I funds must meet three criteria: have the knowledge and
skills necessary to assist Title I children in meeting
education goals; be within two years of having a diploma or GED
(except that paraprofessionals acting as translators have no
such requirement); and be under the direct supervision of a
teacher.
In fact, most paraprofessionals meet the minimum education
requirements under current law. According to the 1999 National
Assessment of Title I, 99 percent of paraprofessionals have a
high school diploma or GED. However, the educational attainment
of paraprofessionals in high-poverty schools is often far below
that of their peers in low-poverty schools. Specifically, while
37 percent of paraprofessionals in low-poverty schools have a
bachelors' degree, only ten percent of those in high-poverty
Title I schools have a bachelors' degree. Similarly, while 86
percent of teacher aides in low-poverty schools at the
secondary level have a bachelors' degree, just four percent of
their counterparts in high-poverty schools have a bachelor's
degree.
If paraprofessionals were strictly carrying out non-
instructional duties, the fact that many have a minimum level
of education would not pose a significant problem. However, as
noted in the 1999 National Assessment of Title I prepared by
the U.S. Department of Education, paraprofessionals under Title
I ``spend a majority of their time teaching despite their lack
of the educational background to do so.'' Providing detail as
to the extent of this problem, the Assessment noted the
following findings: 98 percent of aides were either teaching or
helping to teach students; 76 percent of aides spent at least
some of this time teaching on their own, without a teacher
present; and 46 percent of aides in high-poverty schools spent
half or more of this time on their own, without a teacher
present.
Given that Title I students are being extensively exposed
to paraprofessionals, (often without the direct supervision of
a teacher), the Committee is concerned with growing evidence
that such trends may be having a negative impact upon student
achievement. An article in the The New Republic (``The Trouble
with Teacher's Aides,'' August 9, 1999) indicated that ``A
recent Department of Education reanalysis of Title I data from
the late '80s found `no positive impact' for students in
classes with teacher aides.''
A press release issued by the Educational Research Service
in April 1999, entitled the Unexpected Lessons from the
Tennessee Project Star Study provided further evidence of the
impact paraprofessionals may have upon student achievement. The
study found that classes of 25 students with a full-time
teacher aide did not improve student achievement in grades K-3
in reading or math.
In response to these and other concerns over the use of
paraprofessionals, the No Child Left Behind Act of 2001
includes provisions to raise the educational level of
paraprofessionals and to ensure they are provided with
appropriate responsibilities.
First, the language sets a higher threshold of
qualifications for paraprofessionals, surpassing that of simply
a high school diploma or its equivalent. Specifically, it
requires paraprofessionals to have completed either two years
of college, an associate's degree, or met a rigorous standard
of quality through a formal assessment, have knowledge of and
the ability to instruct in reading, writing, or math, or
reading readiness, writing readiness, or math readiness. The
Committee emphasizes that such assessment shall not simply be
met by receipt of a high school degree, or its equivalent.
Secondly, the language sets clear guidelines for duties
that paraprofessionals may carry out. The Committee believes
that if paraprofessionals are hired under Title I, they should
not simply servein an administrative or child-supervisory
capacity. Instead, paraprofessionals should, when qualified, assist
primarily in providing instructional services to students. The
Committee emphasizes language included under the Act which prohibits
paraprofessionals from providing instruction if not working under the
direct supervision of a fully qualified teacher. The language goes
further with respect to instructional services in the area of reading,
a subject in which 88 percent of paraprofessionals assist in providing
instruction. Specifically, paraprofessionals may not provide
instructional services to students in the area of reading unless the
paraprofessional has demonstrated, through a State or local assessment,
the ability to effectively carry out instruction in reading, writing,
and math. This provision comes amid a growing consensus of the
importance that students receive instruction founded upon
scientifically based research and from fully qualified teachers.
It is the intent of the Committee that the SEA carefully
monitor the quality of the local formal assessment of
paraprofessionals to ensure that the assessments are rigorous.
The Committee intends that only qualified teachers provide
instructional services to Title I students and that
instructional services provided by paraprofessionals be
restricted to one-on-one tutoring that reinforces and supports
the instruction provided by the teacher.
The Committee notes language that has been added to the No
Child Left Behind Act prohibiting the Secretary from imposing
any mandatory national certification of paraprofessionals.
Finally, in an attempt to stem the continued growth of
paraprofessionals hired under Title I, the provisions include a
freeze on the hiring of paraprofessionals. The language does
however, allow for vacancies created by departing
paraprofessionals to be filled. The intent of the Committee is
that local educational agencies could fill vacancies caused by
the departure of a paraprofessional from a school, but would
not be allowed to create ``new'' vacancies which would result
in an increase in the number of paraprofessionals above what
existed before departures. The Act provides an exception to
this hiring freeze if the local educational agency is able to
demonstrate that all teachers within the local educational
agency are fully qualified. In any event, this exception does
not waive the minimum qualifications paraprofessionals must
meet, as described above and under subsections (b) and (c) of
section 1119.
The Committee believes that these provisions, along with
the increased information on the quality of paraprofessionals
provided through report cards under this Act, will
significantly increase the quality of paraprofessionals within
Title I schools. During the course of the next several years,
the Committee intends to continue to closely examine the role
of paraprofessionals to determine if further changes to Title I
need to be made in this area.
Professional Development
The Study of Education Resources and Federal Funding 2000
found that for the 1997-98 school year, Title I expenditures on
professional development at the district and school levels
amounted to $212 million, 27 percent of all federally funded
expenditures for professional development. The study noted that
use of Title I funds for professional development was
widespread, with 86 percent of district coordinators reporting
using at least some portion of their Title I funds for this
purpose.
Although widespread, the intensity of professional
development provided to Title I teachers appears to be limited.
The 1999 National Assessment of Title I found that ``55 percent
of teachers in high-poverty schools reported spending less than
nine hours per year on training in the content areas. Moreover,
70 percent of teachers in high-poverty schools report receiving
less than nine hours per year of professional development
related to State or district curriculum and performance
standards . . .''
With the focus on teacher quality and the increased
attention on ensuring fully qualified teachers in every
classroom, it can be expected that professional development
will constitute a growing proportion of the use of Title I
funds in the coming years. In anticipation of this growth, the
No Child Left Behind Act of 2001 builds upon current Title I
provisions to ensure that professional development under Title
I is worthwhile.
The No Child Left Behind Act of 2001 builds upon research
that has been proven to have the common characteristics of
effective professional development. This research is discussed
in detail under the section of this report on Title II.
Specifically, under Section 1119A and also under Title II,
professional development must: (1) support professional
development activities that give teachers, principals, and
administrators the knowledge and skills to provide students
with opportunity to meet challenging State content standards
and student achievement standards; (2) support the recruiting,
hiring, and training of fully qualified teachers, including
teachers fully qualified through State and local alternative
routes; (3) advance teacher understanding of effective
instructional strategies based on scientifically based research
for improving student achievement; (4) be directly related to
the curriculum and content areas in which the teacher provides
instruction; (5) be designed to enhance the ability of a
teacher to understand and use the State's standards for the
subject area in which the teacher provides instruction; (6) be
tied to scientifically based research demonstrating the
effectiveness of such professional development activities or
programs in increasing student achievement; (7) be of
sufficient intensity and duration (not to include one-day or
short-term workshops and conferences) to have a positive and
lasting impact; (8) be developed with extensive participation
of teachers, principals, parents, and administrators; (9) be
designed to give teachers of limited English proficient
children the knowledge and skills to provide instruction and
appropriate language and academic support services to such
children; (10) to the extent appropriate, provide training for
teachers and principals in the use of technology; (11) be
regularly evaluated for their impact on increased teacher
effectiveness and improved student achievement.
With respect to the requirement that the activity ``be of
sufficient intensity and duration (not to include one-day or
short-term workshops and conferences) to have a positive and
lasting impact,'' the Committee notes that exceptions may be
provided if such single activity is a component of a long-term
comprehensive professional development plan established by the
teacher and the teachers' supervisor based upon an assessment
of their needs, their students' needs, and the needs of the
local educational agency. This provision is based upon the
National Eisenhower evaluation which found that traditional
types of professional development (such as conferences), are
less likely to be associated with positive teacher outcomes,
unless they occur over a long time span and involve a
significant number of hours.
The Committee believes that with the focus on quality under
both Title II of ESEA and the changes made under this Act to
Title I, teachers will have the opportunity to participate in
high level programs that have a direct impact in not only
raising their own skills but also translating those skills into
gains in academic achievement of their students.
Participation of Children Enrolled in Private Schools
In general, under current law Title I services are provided
to eligible private school children directly by the local
educational agency or through a third party contract with the
school district. As a part of the process, the local
educational agency is required to provide timely and meaningful
consultation with private school officials on how the needs of
private school children will be identified, what kinds of Title
I services will be offered, how and where the services will be
provided, how the services will be assessed, the size and scope
of the services, and the proportion of funds allocated.
The 1998 Department of Education publication Title I
Services for Private School Students under the Reauthorization
of ESEA: A Snapshot of Federal Assistance in Transition
indicates that there is serious disagreement among public,
private, and religious school representatives on the extent to
which Title I consultations have been meaningful and timely.
Catholic school officials have informed the Committee that in
some areas of the country, local educational agencies provide
little or no consultation with private school officials, and
where consultation does occur, it can hardly be considered
meaningful. In written testimony submitted to the Committee on
Education and the Workforce on June 10, 1999, Mr. John R.
Clark, Assistant Superintendent for the Diocese of Allentown
Pennsylvania and Chairman of the United States Catholic
Conference Federal Assistance Advisory Commission told how
public and private school officials developed and implemented a
specific signoff form by both parties as to the issues on which
consultation takes place. This approach has worked well in
Pennsylvania and the Committee encourages school districts to
consider such an approach.
The Committee has included language in Section 1120(b),
which tightens the requirements for ``timely and meaningful
consultation.'' Under H.R. 1, the local educational agency must
consult with private school officials not only on how and where
the services will be provided, as under current law, but they
must also consult on the selection of the contractor that
provides the services, in situations where contractors are
utilized. In addition, the local educational agency must tell
how the Title I services will be assessed, and how the results
of that assessment will be used to improve the services to
private school children. The consultations must involve not
only meetings prior to the school district making a decision on
the services, but also throughout the implementation and
assessment of the services. Such measures will help ensure that
high quality services are provided to private school children.
The requirement that the services be assessed and that the
district use the results to improve the services should help
guard against private schools receiving poor quality services,
and having no recourse. The Committee is aware of a situation
in Compton, California where several years ago private schools
had no choice but to continue to tolerate ineffective and poor
quality services for an extended time, prior to the U.S.
Department of Education reviewing the situation. Such
situations should be less likely with these new provisions in
place.
H.R. 1 also provides a phase out over a two year period of
the capital expense account for private schools, which had been
used to offset the costs, for example, of renting space in
``neutral'' sites to deliver instruction. With the June 23,
1997 United States Supreme Court decision in Agostini v. Felton
(521 U.S. 203 (1997)), such rentals are no longer essential to
meeting federal constitutional requirements. In Agostini, the
court abandoned the presumption that placing public employees
within religious institutions inevitably leads to either
indoctrination, excessive entanglement, or a symbolic union
between government and religion. However, the Committee is
informed that in some school districts, long-term contracts for
the rental of neutral sites for the provision of services
continue to exist, and in an effort to address such situations,
the Committee has chosen to continue the authorization for
capital expenses but only for a two-year period, through 2003.
Title I, Part A Allocation Formulas
H.R. 1 makes minor changes to the Title I Part A formula
because the Committee believes that the significant changes
made to the formula in the 1994 amendments have not been
implemented due to extraordinary hold harmless provisions and
lack of funding for the Targeted Grant formula since FY1995. In
an effort to break that trend, the Committee has made a change
in how new funds are to be distributed which is described
below. The Committee is hopeful that the Appropriations
Committees will abide by the authorizing statute so that Title
I funds can be distributed to those areas where the most
disadvantaged children live so those children who need these
educational services the most can receive them.
With respect to the share of Part A funds to be allocated
under each of the authorized formulas--Basic, Concentration,
and Targeted Grants--the bill provides that an amount equal to
the FY 2001 appropriation will be allocated under the Basic and
Concentration Grant formulas (and in the same proportions as
for FY 2001--85 percent Basic Grants and 15 percent
Concentration Grants). Next, any increases in funds over the FY
2001 appropriation for Part A will be allocated under the
Targeted Grant formula.
The major provisions of the Basic, Concentration, and
Targeted Grant formulas in H.R. 1 are generally the same as
under current law. However, the bill does make the following
modifications to the current provisions of these formulas.
First, a hold harmless rate, of 85 percent of previous year
grants, will be applied to Concentration Grants. Currently, the
ESEA provides a hold harmless rate of 85-95 percent of previous
year grants for Basic and Targeted Grants, but no hold harmless
for Concentration Grants. In addition, for the Concentration
Grant formula only, H.R. 1 provides that hold harmless amounts
would apply to all local educational agencies, including those
which do not meet ``primary eligibility criteria''--i.e., the
6,500 or 15 percent thresholds for receipt of Concentration
Grants; however, this provision would no longer apply if a
local educational agency does not meet the eligibility
thresholds for four consecutive years.
Third, the expenditure factor used in all of the Title I
allocation formulas will be increased for Puerto Rico in stages
over the FY 2002-2005 period. As a result, at the end of this
period, the Puerto Rico expenditure factor will be at least 85
percent of the minimum expenditure factor applicable to the 50
States and the District of Columbia (for FY 2001, it is 75.1
percent of thisminimum). However, this provision will not be
implemented if it would result in any State receiving less than its
previous year grant under Part A.
Fourth, the bill eliminates a number of provisions that
were in effect only for past years and are no longer relevant.
Further, some provisions are simplified, updated, and/or
clarified, with no substantive amendment.
H.R. 1 deletes provisions for the fourth Title I, Part A
allocation formula which is currently authorized, although no
funding is provided for it--the Education Finance Incentive
Grant formula. It also deletes the current provision for the
reservation of $5 million each year for grants to the freely
associated States (Palau, Federated States of Micronesia, and
the Republic of the Marshall Islands), which are no longer U.S.
territories, replacing it, through 2003 only, with a
requirement for a similar amount of each year's Part A grant to
be distributed through a competition among these areas as well
as other outlying areas. However, the Committee wants to make
clear that the outlying areas (U.S. Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Marianas)
will receive their full allotment under the one percent
reservation and do not have to compete for their share. The
outlying areas, however, are eligible to compete for additional
funds under the competition described above.
Title I, Part B--Reading first; early reading first; even start and the
inexpensive book distribution program
Background
Reading First and Early Reading First will provide
assistance to States and local educational agencies in
establishing reading programs for students in grades
kindergarten through 3 that have the highest number of students
who cannot read, on the latest scientific research in reading
instruction. Funds will be used for professional development,
diagnostic assessments, and instructional materials to
effectively teach the essential components of reading
instruction in the classroom. Students who can read fluently
are more likely to develop a lifelong love of books, and be
successful in school.
The Reading Deficit
In April of 2001 the National Assessment of Educational
Progress (NAEP) statistics once again sounded out the alarm:
``63 percent of African Americans, 58 percent of Hispanic
Americans, 60 percent of children living in poverty, and 47
percent of children in urban schools scored `below basic' in
reading.'' There are many adults who have already been left
behind as reported by the National Adult Literacy Survey which
found that nearly one half of the American population have some
significant limitation in their reading skills.
Americans have almost become numb to such startling
statistics. How can it be that a nation that has such vast
financial resources dedicated to educating its children could
allow so many to be left behind because they have not learned
to read? At the dawn of the 21st century, with technology
available for instant global communication, why are so many
children not mastering a skill as basic as reading?
This issue is not new to the body politic. For the last
third of the 20th century billions of dollars were appropriated
by Congress to improve reading instruction. It is estimated
that nearly three quarters of the $130 billion of Title I funds
have been used to attempt to improve reading instruction, and
yet student's reading scores have remained flat since 1972 when
the NAEP began collecting such statistics.
The private sector pumps millions of dollars into
communities to encourage reading through programs like Book
It!, sponsored by Pizza Hut, and HOSTS, designed to offer one-
on-one tutoring in reading to struggling students. For example
HOSTS encourages parental involvement in reading with their
children, and their programs have dramatically improved
students' reading levels. There are many other dedicated
Americans who help adults in organizations like Literacy
Volunteers of America, Laubach Literacy, and scores of other
private sector programs and corporations which seek to do the
same. Yet, even with all this attention to reading, the problem
of illiteracy worsens every year. The Committee recognizes that
the love of books and the wealth of information that can be
found in community and school libraries can only be accessed
when children learn to read with fluency and ease. Providing
books to children from disadvantaged backgrounds through early
learning and child-care programs, preschools, Head Start
Centers and throughout a students school years by including
interesting books to read as part of the instructional
materials available to them, will help them establish a solid
foundation for formal reading instruction.
Reading First and Early Reading First
Under H.R. 1, 80 percent of the funds under Reading First
will be allocated to States in five-year grants. There is a
limitation that funds be allocated to areas where there are the
highest percentages of children in kindergarten through grade
three who are reading below grade level or whose families have
incomes below the poverty line; or which have been designated
an empowerment zone or enterprise community; or which have
schools in school improvement (section 1203(c)(4)). Twenty
percent of the funds are awarded to States as competitive
grants that will be available to schools that have made the
most progress in reducing the number of students who can't read
proficiently (section 1205).
A peer review panel as defined in section 1204(c)(2) will
review all grants submitted by States to determine whether
their professional development programs, diagnostic assessment
and screening tools, and instructional materials meet the
standards of scientifically based reading research and include
all the essential components of reading instruction. The Panel
will submit its recommendations to the Secretary for his
consideration.
States will submit annual progress reports to the Secretary
to identify those schools and local educational agencies that
report the largest gains in reading achievement, based on valid
assessments of reading proficiency. The essential components of
reading instruction, defined in section 1209(2), can be taught
in many diverse ways, but to become successful readers,
students need to be taught each component effectively.
Reading First is Grounded on Nearly a Half Century of
Reading Research
There are at least six major research reports on reading
instruction that have been funded and released by the federal
government over the past two decades. These reports cite
findings on which researchers have reached consensus. 1985--
Becoming A Nation of Readers; 1990--Beginning to Read: Thinking
and Learning About Print; 1998--Reading: A Research-Based
Approach (National Institute For Child Health and Human
Development); 1998--Preventing Reading Difficulties in Young
Children (National Research Council); 1998--Every Child
Reading: An Action Plan of the Learning First Alliance. The
findings of these reports come from quantitative,
scientifically based reading research as defined in section
1209(6), and represent a consensus on the essential components
of reading instruction.
2000--Report of the National Reading Panel
The National Reading Panel staff reviewed more than 100,000
research studies on reading since 1966, from which the panel
identified 6007 that were scientifically valid. The findings of
a careful analysis of those studies indicated that the
following five instructional components are essential for
effective reading instruction: phonemic awareness; systematic
phonics instruction; oral reading for fluency; vocabulary
development; and comprehension strategies. Listed below are the
essential components of reading instruction as defined in
section 1209(2), and identified as such by the National Reading
Panel and upon which the Reading First and Early Reading First
programs are based.
Phonemic Awareness
Correlated studies have identified phonemic awareness, as
one of the best predictors of how well children will learn to
read during the first two years of instruction. Results of
experimental studies led the Panel to conclude ``phonemic
awareness training was the cause of improvement in students'
phonemic awareness, reading, and spelling following training.''
Systematic Phonics Instruction
The Panel reaffirmed previous findings: ``Systematic
phonics instruction produces significant benefits for students
in kindergarten through sixth grade and for children having
difficulty learning to read. The ability to read and spell
words was enhanced in kindergartners who received systematic
beginning phonics instruction. First graders who were taught
phonics skills systematically were better able to decode and
spell, and they showed significant improvement in their ability
to comprehend text.''
Oral Reading to Build Fluency
The Panel found that, ``fluent readers are able to read
orally with speed, accuracy, and proper expression. Oral
reading fluency is another critical factor necessary for
reading comprehension.''
Vocabulary Development
The Panel found that ``vocabulary should be taught both
directly and indirectly. Repetition and multiple exposures to
vocabulary items are important. Learning in rich contexts,
incidental learning, and use of computer technology all enhance
the acquisition of vocabulary.''
Comprehension
The Panel identified three prominent research themes on the
development of reading comprehension skills: ``comprehension is
a complex skill that depends on vocabulary development; it is
an active process that requires intentional and thoughtful
interaction between text and reader; and teacher preparation is
intimately linked to students' achievement in comprehension.''
The Research is Conclusive
Although knowledge will continue to expand, we now have
enough information to help almost all children learn to read,
write, speak, and spell accurately and fluently. Dr. Benita
Blachman (1996) in a chapter, ``Preventing Early Reading
Failure,'' in Learning Disability: Lifelong Issues, explains:
``The good news is that there have been scientific
breakthroughs in our knowledge about the development of
literacy. Direct, systematic instruction about the alphabetic
code is not routinely provided in kindergarten and first grade,
despite the fact that, given what we know at the moment, this
might be our most powerful weapon in the fight against
illiteracy.''
Common Beliefs Not Supported by Scientifically Based Reading Research
Dr. Louisa Moats has succinctly outlined some of the most
prevalent principles that are fundamental to whole language or
balanced instruction in reading in: Whole Language Lives On:
The Illusion of ``Balanced'' Reading Instruction. ``Learning to
read is not natural. The alphabetic principle is not learned
simply from exposure to print. Context is not the primary
factor in word recognition.'' Instructional materials or
tutorial programs that persist in including these unproven
practices should not be eligible for funding under the Reading
First or Early Reading First programs.
Professional Development and Instructional Materials
In section 1203(8)(d)(1) States may use up to 15 percent of
their formula grant funds for professional development. To
eliminate the reading deficit, these findings need to become a
part of routine elementary teacher pre-service education and
in-service professional development. For this reason, the
Committee has structured the Reading First and Early Reading
First programs to provide both of these opportunities, at the
State level, for reading teachers to become informed on how to
teach the essential components of reading instruction. States
like California, Texas, Georgia and Virginia have already
developed excellent programs for reading teachers. There are
summer institutes such as the Greenwood Institute in Putney,
Vermont, where teachers can gain the knowledge of reading
instruction that is based on the latest research. The most
important objective is to provide reading teachers with the
background in the alphabetic principle that is fundamental to
the English language, and how to teach that principle to
beginning readers.
Instructional materials may be purchased under section
1203(c)(7)(A)(ii) and are critical to the success of Reading
First. It is important that instructional programs include all
the essential components of reading instruction. Some students
need intensive instruction to learn decoding skills; others may
come to school with these skills already mastered. Still other
students may have a deficiency in spoken vocabulary, or lack
the ability to read fluently. Care should be taken to review
text materials to make sure that the approach to reading
instruction is based on the latest valid, scientific research
in reading instruction.
Diagnosing and Measuring Student Progress in Reading
It is the Committee's view that objective diagnosis and
measurement of student progress in the essential elements of
reading instruction is necessary, but the determination of what
assessment instruments to use should be left to States and
local schools. Most research based reading instruction already
includes regular assessment instruments to measure student
progress in improving their reading skills. Funds to purchase
rigorous diagnostic reading and screening assessment tools in
section 1203(c)(7)(A)(i) are included in Reading First Grants
because the Committee believes that without an accurate
diagnosis and assessment of a student there is no way to
determine what skills are missing and still need to be taught,
and when a student has gained the ability to read
independently, fluently, and with comprehension.
Limited English Proficient Students Learn to Read
At a field hearing in Bradenton, Florida, the Committee
heard from Bertha Zapata, a reading teacher in Broward
Elementary School, Tampa, Florida. Most students in her class
speak little or no English and the majority are Hispanic and
Asian. By the end of one year, the majority of her students are
speaking, reading and writing English. Ms. Zapata told the
Committee: ``It is not magic. It is not because all these
children are extremely bright, though many of them are. It is
because the method that I have been using to teach non-English
speaking children since 1994 incorporates the essential
components of reading instruction to help them become accurate
spellers, fluent readers, and accomplished writers.''
In a letter to the Committee a first grade bilingual
teacher wrote: ``I teach first grade in San Jacinto Elementary
school. I have 45 students in my class, few of the parents of
these children speak English, and one third of them have at
least one parent in jail. I teach entirely in English. I began
supplementing my regular classroom curriculum with a book I got
from the library titled Phonics Pathways, and after only four
months all of my first-graders read at grade level.'' This
story is repeated over and over in schools all across America.
Specific Learning Disabilities
It is estimated that effective reading instruction, that
includes the essential components of reading instruction, could
prevent as many as 70 percent, or more than 1.5 million
students, from developing a severe reading disability and
therefore having to be identified as learning disabled (section
1203(c)(7)(ii)(II)(cc) under the Individuals with Disabilities
Education Act (IDEA). This kind of remarkable success has been
documented in research projects conducted over the past thirty
years and funded by the federal government. The Committee notes
that some children may need eye screening or eyeglasses to make
sure students have no physiological impediment to learning to
read.
External Evaluation of Reading First
The Committee believes that it is essential that an
external evaluation of the Reading First program be conducted.
Objectivity is often lost when agencies evaluate the programs
they administer. The Committee believes that the ability to
reform or modify federal programs is most effectively done when
an external evaluation is conducted. The Reading First program
gives the Secretary of Education the funds and the authority to
order this External Evaluation of Reading First in section
1206. The cost and effort required to conduct this review is
substantial, but its results would offer the Congress a roadmap
for continuing or revising or changing these vital programs for
the better in the future.
Early Reading First Develops Important Pre-Reading Skills
The purpose of subpart 2 is to improve pre-reading skills
in children ages 3 through 5, particularly children from low
income families, in high-quality oral language and literature-
rich environments. Through scientific research, much has been
learned about the way children learn to read, and the strong
foundation that is important before children are given formal
reading instruction in kindergarten and first grade. Child-care
centers, public and private, and Head Start centers can help.
In addition to caring for the emotional and social needs of
children under their care, they can encourage and promote
cognitive development activities along with professional
development for teachers and staff based on scientific research
in reading.
Children who have poor beginning reading skills are less
likely to develop better reading skills through their school
careers. Early Reading First is specifically designed to help
them reverse that trend. There are several generalizations
about reading instruction that should be taken into account by
pre-school and child-care teachers. For example, if children
can correctly identify letters of the alphabet before they
enter kindergarten, it is more likely they will learn to read
words in school faster than children who do not possess this
knowledge. Experimental findings consistently confirm that
children's knowledge of the alphabet is a ``strong predictor''
of their later progress in learning to read words accurately,
quickly and automatically. Professional development and
instructional activities should include an understanding of
semiotic concepts, a term to describe the general theory of
signs and symbols that represent written language, comprised of
syntactics, semantics and pragmatics.
One of the optional uses of funds, section 1222(e)(2) in
the Early Reading First initiative, is to provide access to
scientific, research-based screening tools. One such screening
tool is the National Center for Learning Disabilities Get Ready
to Read! early literacy program. This allows teachers to screen
four-year-olds to determine their familiarity with pre-reading
concepts and provide parents, early childhood teachers and
caregivers with research-based information about how to build
young children's pre-reading skills.
William F. Goodling Even Start Family Literacy Programs
The Even Start Program has been transferred and re-
designated under Title I, Part B, subpart 3. H.R. 1 extends and
modifies the Even Start Family Literacy Programs until 2006 to
reflect the ESEA authorization cycle. During the 106th Congress
the Literacy Involves Families Together Act was enacted into
law. Family literacy maintains its place as an important tool
for educators and parents to utilize in ensuring children and
families are able to read. The National Center for Family
Literacy continues to provide quality assistance to school
districts requesting such services.
Inexpensive Book Distribution Program
The Inexpensive Book Distribution Program is operated under
a single, noncompetitive award to Reading is Fundamental, Inc.
(RIF). It supports, through subcontracts, local private
nonprofit groups or organizations, or public agencies that
distribute inexpensive books to children with the objective of
motivating children to read. Federal funds pay for up to 75
percent of the cost of books, except that the federal share for
programs serving children of migrant and seasonal farm workers
is 100 percent. Contractors are to give priority to programs
that serve a substantial number or percent of children with
special needs, such as children with disabilities, low-income
children, and children at risk of school failure.
The Committee has made several minor changes to the
Inexpensive Book Distribution Program to improve its ability to
operate in low-income and rural communities where it is often
difficult to obtain local support.
The first change to the program would allow subcontractors
operating programs in low-income communities to use other
federal dollars in order to meet the non-federal share of the
cost of the program. However, federal dollars could not be used
for more than 50 percent of the non-federal share used to meet
the cost of acquiring and distributing books. The Committee
believes it is important that local communities demonstrate
their support of the Inexpensive Book Distribution Program by
paying a portion of the cost of the program. The Committee
acknowledges there may be instances where local communities
support the Inexpensive Book Distribution Program, but have
limited resources. In such instances this legislation would
permit Reading is Fundamental (the federal grantee) to waive,
in whole or in part, the cost sharing requirement for a local
program if the subcontractor demonstrates that it would not
otherwise be able to participate in the program.
In addition, the Committee understands that there are
instances where local private nonprofit groups or organizations
operating local programs have difficulty in obtaining local
financial support for the Inexpensive Book Distribution
Program. This generally happens because there is only a small
amount of funding available for a limited period of time. The
Committee bill allows Reading is Fundamental to enter into
multi-year subcontracts with small local sub-grantees in order
to provide them with additional leverage in seeking local
commitments. This legislation would not permit such agreements
in instances where it would undermine the finances of the
national program. It is the hope of the Committee that this
provision will help ensure the operation of the Inexpensive
Book Distribution Program in small, rural communities or other
communities that have difficulty obtaining support for the
program.
TITLE I, PART C--EDUCATION OF MIGRATORY CHILDREN
Title I, Part C, of the ESEA, program for the children of
migrant workers, was created to assist migrant children in
overcoming problems associated with multiple moves which
interrupted their education and prevented them from performing
well in school. The program serves migrant children ages 3-21,
as well as emancipated youth and formerly migrant children.
Most migrant programs are administered by local educational
agencies (LEAs) and operate during the summer months as well as
the regular school year.
The children of migrant workers are some of the most
vulnerable children in schools throughout the United States.
Migrant children at greatest risk are those whose education is
interrupted as they follow their parents along the migrant
stream. According to the Department of Education, for 1996-97
States reported approximately 580,000 Migrant Education Program
participants, including 475,000 served during the regular
school year and 285,000 served in the summer program.
H.R. 1 extends the Title I, Part C, program serving the
needs of migrant children and makes modest changes directed at
improving services to this at-risk population. The dropout rate
for migrant students is very high. The additional academic
assistance they receive under this Act is often the determining
factor in whether or not they stay in school and graduate.
Of key interest to the Committee has been the ability of
States to rapidly transfer student records in the absence of
the costly Migrant Student Records Transfer System (MSRTS).
MSRTS was eliminated in 1994 as a part of the Improving
America's Schools Act because it was found to be ineffective in
completing its primary responsibility of transferring student
records. Changes to this Act during the 103rd Congress directed
the Secretary to pursue alternative strategies for the
effective and efficient transfer of student records. Report
language also encouraged States to develop agreements on
transferring credits from one school to another. In the absence
of MSRTS, the Department of Education found that most States
and school districts have relied on mail, telephone and fax to
transfer records for migrant students. Although 19 States have
some type of electronic system in place, many of these systems
are used for maintaining, rather than transferring, student
records.
The Committee believes the transfer of student records is
key to the ability of schools to adequately serve the
educational needs of migrant students. If basic, essential
information regarding a child's grades, test scores, and
vaccination records are not transferred in an efficient manner,
a child may be subjected to additional vaccinations and be
incorrectly placed in a classroom above or below their actual
academic abilities.
As such, the Committee has modified the Title I, Part C,
Migrant Education Program to require the Secretary to assist
States in developing effective methods for the transfer of
student records and in determining the number of migratory
children in each State. The Secretary is also required to work
with States in order to determine the minimum data elements for
records to be maintained and transferred when funds under this
part are used for record transfer. TheSecretary is further
required to assist States in linking their records systems for the
purpose of electronic maintenance and transfer.
In addition, the Committee has included language in H.R. 1
to require a local educational agency receiving assistance
under this Part to make student records available at no cost to
another local educational agency requesting such records in
order to meet the needs of a migratory child. The Committee
wants to make it very clear that the timely transfer of student
records is an important element of the Migrant Education
Program. It expects States and local educational agencies to
work together to ensure that student records are transferred as
quickly as possible through the most effective possible means.
It would further encourage States and local educational
agencies to develop effective means of electronically
transferring student records. The Committee believes that an
additional focus on the electronic transfer of student records
is vitally important to ensure that migrant children have
access to a high quality education.
The Committee has also adopted language for simplifying the
formula for distributing funds to the States. Under current
law, counts of migrant students are based on estimates and
full-time equivalents (FTES) of these children. Current law
requires either a burdensome collection of data or the
continued use of increasingly dated FTE adjustment factors
based on 1994 data. Under H.R. 1, a State's child count would
be based on the number of eligible children, aged 3 through 21,
residing in the State during the previous year, plus the number
of children who received services in summer or intersession
programs provided by the State. This approach is easier to
understand and administer, minimizes the data-collection burden
on the States, and encourages the identification and
recruitment of eligible children. Only funding appropriated for
this program over and above the amount appropriated for fiscal
year 2001 will be distributed based on the new formula.
The Committee has also modified the Title I, Part C,
program for migrant children to eliminate the requirement that
States develop both a comprehensive service delivery plan and a
program application. Key elements of the plan have been
incorporated into the application requirements. This
streamlining should reduce the paperwork burden on the States.
The bill also provides States with greater flexibility in
determining the activities to be provided with funds under this
Part as long as they are first used to meet the identified
educational needs of migratory children. Over the years since
the enactment of the Migrant Education Program, the number of
migrant students graduating from high school has increased
dramatically. However, these graduation rates still lag
significantly behind that of the general population. The
Committee believes these changes will allow States and local
schools to better meet the needs of this population and insure
they receive the best possible education.
TITLE I, PART D--NEGLECTED AND DELINQUENT YOUTH
The Title I, Part D, program provides formula grants to
States for neglected and delinquent children being educated in
State agency programs. These programs serve neglected and
delinquent children and youth in institutions or community day
programs, as well as those who are in adult correctional
facilities. Funds are allocated to States on a formula based
primarily on the number of children and youth in their State
agency program who are enrolled in a regular program of
instruction operated by the agency for at least 20 hours a week
for children and youth, or 15 hours a week if the participant
is in an adult correctional facility. There is also a Subpart 2
program for local educational agencies (LEAs), funded with
allocations from the Title I, Part A, program for districts
with high numbers or percentages of children in locally
operated correction facilities. Funds are provided to LEAs for
meeting the educational needs of youth returning from
correctional facilities, and for meeting the unique educational
needs of students at risk of dropping out.
The Committee believes that far too many youth who spend
time in correctional facilities do not graduate from high
school. According to the Department of Education, one-third of
16 and 17 year olds do not return to school after their release
from a correctional facility, and one-third of the enrolled 16
and 17 year olds dropped out within 10 months. It is the view
of the Committee that many of these students would stay in
school and graduate if they received quality educational
support during their incarceration and assistance in
transitioning back into the school environment.
To address these concerns, the Committee has made several
changes to Subpart 1 and Subpart 2 of current law.
Specifically, in Subpart 1, the Committee has increased from 10
percent to 15 percent the reservation of funding for each State
agency to support projects that facilitate the transition of
children from State-operated institutions to local educational
agencies. The Committee believes that transition assistance
plays a key role in determining whether or not delinquent youth
will succeed in school and graduate.
During the last reauthorization, a new Subpart 2 was added
to Part D to address the academic needs of youth in local
correctional facilities. Its creation was based on evidence
that children in local correctional facilities who were counted
for the purpose of generating funds in Title I, Part A, were in
most instances not receiving services from Title I. Programs
operated under this new Subpart are to address the academic
needs of such youth while they are incarcerated and upon return
to their local school. The portion of the program operated in
local schools is intended to provide support to delinquent
youth that are transitioning back into the regular school
setting and to provide assistance to other youth at risk of
dropping out.
Concerns have been raised that the school portion of the
Subpart 2 program has more often than not become a dropout
prevention program that does not focus on assisting youth
returning from correctional facilities. The Committee believes
that other at-risk youth would benefit from the types of
programs operated for delinquent youth under Subpart 2.
However, it is the view of the Committee that programs under
this Subpart should serve at-risk youth secondarily to serving
youth returning from correctional facilities. As such, the
language in Subpart 2 has been revised to focus on the
provision of services to youth returning from correctional
facilities. If participating schools are able to serve other
at-risk students at the same time, they may do so. The
Committee has also modified the Subpart 2 program to allow the
use of funds for several new activities, including curriculum-
based youth entrepreneurship education, peer mediation, and
mentoring.
To be successful, it is the view of the Committee that
curriculum-based youth entrepreneurship education programs must
include organized academic materials that are sequentially
based and which have been field tested and based on sound
educational practices. Additionally, suchprograms must have a
demonstrated record of empowering disadvantaged youth with math and
other analytical skills. There is growing evidence that innovative
organizations and institutions working to instill entrepreneurial
behavior, through classroom and practical experiences, are highly
effective in teaching some youth. Through such programs, students learn
the basic skills required of entrepreneurs and gain a greater
understanding of the relationship between academic subjects and the
business world.
In addition, mentoring programs have proven to be highly
effective in assisting at risk and delinquent children to
overcome academic and other problems by providing them with a
strong adult role model. The Committee believes mentors,
including senior volunteers, are highly effective in helping
these youth.
Delinquent youth are a high-risk population and the
Committee believes they can turn to further involvement in
criminal activities if they are not provided the support they
need to stay in school and turn their lives around. The purpose
of Subpart 2 is to insure they receive the assistance they need
to graduate and lead productive lives.
TITLE I, PART E--EVALUATIONS AND DEMONSTRATIONS
Section 1501--Evaluations
Section 1501 authorizes the Secretary to conduct
evaluations and assessments, collect data, and carry out other
activities that support the Title I programs and provide
information useful to those who would support the activities
that are essential for the Title I programs.
H.R. 1 amends current law to ensure that the assessments
and evaluations of programs funded under Title I look at the
role of public school choice programs, comprehensive school
models, and schoolwide programs in improving the academic
achievement of students in Title I schools.
It is the Committee's view that the Secretary will continue
the Department of Education's work already started on the Title
I assessment and evaluation to the extent that it meets the
requirements of this part. It is not the Committee's intent
that the Secretary discontinue all of the department's current
efforts. However, these efforts should be modified as necessary
to comply with this part, and to follow the recommendations of
the U.S. General Accounting Office (GAO) report on the
longitudinal evaluation to ensure that future reports are of a
high quality and useful for improving the Title I program.
GAO examined the Longitudinal Evaluation of School Change
and Progress (LESCP) and found that it had limitations that
will restrict researchers' ability to draw strong conclusions
from the data, especially regarding Title I or standards based
reform. It is the Committee's view that future evaluations
should ensure that their purposes are clear and that whenever
possible, produce findings that can be generalized to Title I
schools taken as a whole. The GAO study found that because the
LESCP used a smaller, non-representative sample, it suffered
from design limitations that would ``restrict its ability to
fully satisfy any of the three potential purposes . . .
envisioned by [the Department of] Education, contractors and
panel members.''
It is the Committee's view that the Secretary should ensure
that the Independent Review Panel is composed of individuals
with knowledge of Title I and other ESEA programs. However, in
order to ensure that Title I evaluations meet the highest
standards of methodological rigor, in Subsection (d) of Part F,
a simple majority of individuals on the panel should represent
fields other than education. It is also the Committee's view
that while the panel should include practitioners, as the
purpose of the panel is technical in nature, such individuals
should be limited to no more than one third of the panel.
The final evaluations should be submitted to outside
reviewers, as required under subsection (d)(3), so that
Congress and taxpayers will have an independent source of
information as to the quality of the evaluations conducted by
the Secretary.
Section 1502--Demonstrations of Innovative Practices
It is the Committee's view that the Secretary should have
the ability to demonstrate innovative educational practices.
H.R. 1 streamlines language in current law and eliminates
references to programs and practices that have been repealed.
Section 1503--Ellender-Close Up Fellowship Program
This program, administered by the private non-profit Close
Up Foundation, provides financial aid to enable low income
students, their teachers, recent immigrants, and children of
migrant parents to come to Washington, DC, to study the
operations of the three branches of government. Activities
include attending seminars on government and current events,
and meeting with government leaders. H.R. 1 changes the name of
the Allen J. Ellender Fellowship Program to the Ellender-Close
Up Fellowship Program to better reflect the role of the Close
Up Foundation in the program.
The Close Up Foundation is the nation's largest non-profit
(501(c)(3)), non-partisan citizenship education organization.
Since its founding in 1970, Close Up has worked to promote
responsible and informed participation in the democratic
process through a variety of educational programs. Close Up's
mission is built on the belief that textbooks and lectures
alone are not enough to help students understand the democratic
process and make it work. Students need a ``close up''
experience in government. Close Up's national, State, and local
government studies programs strengthen participants' knowledge
of how the political process works, increases their awareness
of major national and international issues, and motivates them
to become actively involved in the world around them. Each
year, more than 25,000 students, teachers, and other adults
take part in Close Up's programs in Washington, D.C. Since the
inception of its Washington-based programs in 1971, the Close
Up Foundation has welcomed more than 500,000 students,
educators, and other adults to the nation's capital.
Section 1504--Dropout Reporting
An amendment offered by Mr. Scott (D-VA) was adopted in
Committee by a vote of 26-22, that creates a new Section 1504
of Part E. This section requires State educational agencies
receiving funds under Title I to report to the National Center
of Education Statistics (NCES) on thedropout rate of students
in the State as defined in NCES's annual survey known as the Common
Core of Data.
TITLE I, PART F--COMPREHENSIVE SCHOOL REFORM
The Comprehensive School Reform program (CSR) was first
funded in FY 1998 as part of the Departments of Labor, Health
and Human Services, and Education Appropriations Act (P.L. 105-
78). The language in the appropriations bill in 1998 did not
specifically amend Title I of the Elementary and Secondary
Education Act. Rather the program was included in narrative,
paragraph-style text in the conference report of the
appropriations legislation. In H.R. 1 the Committee has
incorporated the policy from that legislation into a
categorical grant program included in the statutory text of
Title I, Part F. The Committee has created a new part of Title
I for this program because in general, federal education
programs should not be funded apart from authorizing language
to ensure that federal dollars are used effectively.
In order to improve the quality of the entire school, CSR
provides financial incentives for schools to develop a plan to
implement comprehensive reforms based upon reliable research
and effective practices. These reforms emphasize core academic
subjects and parental involvement, and are called
``comprehensive'' because they are intended to affect all
aspects of school operations, including curriculum and
instruction, school organization, professional development and
resource use, instead of improving certain school functions
independently of others. The intent is to provide schools with
another means by which they may ensure that all children in a
school meet State academic achievement standards.
The Committee is aware that schools throughout the country
are implementing a number of preexisting comprehensive reform
models. While no one model fits all school situations, schools
are encouraged to consider the positive aspects of existing
design models with a proven track record or new approaches
grounded in scientific research and effective practices. The
Committee is aware that some States have attempted to limit
schools to certain comprehensive school reform models or
approaches. States should allow schools to select any model
that is based on scientific research and effective practices
and otherwise meets the requirements of this part.
Nearly 6,000 schools, serving more than two million
students, have in recent years adopted and begun to implement
``research-based'' comprehensive reforms intended to improve
student achievement. As this trend has continued to grow, so
too has the demand by local educators to gain a better
understanding of which programs are most suited to their unique
circumstances and needs. To better enable schools to implement
``research-based'' comprehensive reforms, H.R. 1 authorizes the
Secretary to reserve two percent of funds made available under
this part to support initiatives that accomplish this goal. One
such entity is the Education Quality Institute (EQI). The goal
of EQI, an independent, non-profit organization, is to assist
local schools in these efforts by providing the support and
tools necessary to critically evaluate, adopt, and implement
research-based programs more effectively. To accomplish this,
the EQI is developing a process that ``raises the bar'' for
independently reviewing the existing evidence based on
educational programs claiming to be research-based or research-
proven. EQI will widely disseminate these findings along with
descriptive information on programs and decision making tools
leading to the selection and implementation of more effective
school improvement. In addition, EQI will offer technical
assistance to State education officials, district- and school-
based administrators, school staff, and others so that they can
more effectively conduct needs assessments, identify potential
solutions, and evaluate the quality of evidence provided to
them by program developers.
The Committee has also made changes to the State
application requirements in subsection (c) to require States to
ensure that schools are selecting comprehensive school
providers that have the capacity to provide high quality
technical assistance over the three-year reform period. This
change refines CSR to ensure the quality of these reform
efforts while maintaining the ability of schools to choose from
a broad and growing number of providers.
It is the Committee's view that it is no longer necessary
to prioritize CSR funds for local educational agencies that
plan to use the funds in schools in need of improvement,
corrective action, or restructuring under Section 1116. Many
high-poverty Title I schools can benefit from CSR before they
are identified for improvement. Therefore States may give
priority either to local educational agencies that are in need
of improvement, or to local educational agencies that
demonstrate a commitment to assist schools to ensure that
programs are well implemented and sustained.
The Committee clarified that local educational agencies
that apply for grants should ensure that schools implement
models grounded in scientifically based research and effective
practices. Additionally, the Committee added language that
requires schools to implement models that have a strong
evidentiary basis for significantly improving academic
achievement. Specifically, the components of effective
schoolwide reform are as follows: (1) utilization of innovative
strategies and proven methods of learning, teaching and school
management that are based on scientifically based research and
effective practices; (2) integration of a comprehensive design
for effective school functioning; (3) provision of high quality
and continuous professional development; (4) inclusion of
measurable goals for student performance and benchmarks for
meeting such goals; (5) support by teachers, administrators and
other professional staff; (6) provision for the meaningful
involvement of parents; (7) use of high quality external
technical support; (8) inclusion of a plan for the evaluation
of the implementation of school reforms and student results
achieved; (9) identification of how other resources will be
used to coordinate services to support and sustain the school
reform effort; and (10) a demonstration of how the
comprehensive reform model has been found, through rigorous
field experiments, to improve academic performance or that the
model to be used otherwise has a strong evidentiary basis for
significantly improving academic performance.
TITLE I, PART G--RURAL EDUCATION
Each year, many rural school districts forgo federal
funding because they lack the enrollment, financial resources,
and poverty data needed to compete against larger school
districts for federal education programs. Rural school
districts find it particularly difficult to fully benefit from
federal funds because the unique needs of rural school
districts are not addressed in federal formula programs.
Generally, current federal education formulas do not adequately
address the needs of small, rural school districts because the
formulas do not allow sufficient revenue tosubstantially
support education reform efforts designed to improve academic
achievement. These school districts lie in remote areas distant from
commercial centers, making it particularly difficult for teachers and
administrators to utilize consortia, pooled resources, and technical
assistance. Rural school districts also have unique technology and
communications infrastructure challenges due to their remote locations.
In addition, rural school districts cannot adequately compete for
federal grants since they lack resources and do not have access to
specialists in federal grant writing as do larger school districts.
H.R. 1 provides rural school districts with increased flexibility and
funding to enhance academic achievement and addresses the unique needs
of those districts that cannot compete for federal education grants
because they do not have adequate resources.
Title I, Part G of the No Child Left Behind Act of 2001, a
combination of H.R. 692, the Rural Education Initiative
Amendments Act of 2001, introduced by Rep. Tom Osborne (R-NE)
and H.R. 1148, the Low-Income and Rural School Program,
introduced by Rep. Van Hilleary (R-TN), addresses the unique
problems associated with the education of students in rural
school districts. Specifically, this program addresses the
different needs of: (1) small, rural school districts; and (2)
low-income, rural school districts. Under Subpart 1, eligible
LEAs would be able to combine funding under various formula
grant programs to support local or Statewide education reform
efforts intended to improve the academic achievement of
elementary and secondary school students and the quality of
instruction provided for these students. Under Subpart 2,
eligible LEAs could use funds for such things as: educational
technology; professional development; technical assistance; and
teacher recruitment and retention. This program is authorized
at $300 million for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006 to be
equally distributed between Subparts 1 and 2.
TITLE I, PART H--GENERAL PROVISIONS OF TITLE I
The general provisions of Title I relate to all parts of
Title I.
Under section 1801 of Part H of Title I, the Secretary is
authorized to issue such regulations as are necessary to ensure
reasonable compliance with Title I, and is authorized to
establish a negotiated rulemaking process on a minimum of three
key issues: (1) accountability; (2) implementation of
assessments; and (3) use of paraprofessionals. The authority to
issue regulations is a continuation of authority in current
law, the authority is a slight modification of current law
which had allowed for negotiated rulemaking on schoolwide
programs and standards and assessments. Negotiated rulemaking
gives interested parties an opportunity to be involved in
negotiations and discussions on the text of regulations issued
by the Department of Education.
In addition, the Committee has continued the authority for
each State to have a Committee of Practitioners to advise the
State in carrying out its responsibilities under Title I.
Provisions in current law, section 1603(c), relating to a 1
percent set-aside for State administrative expenses have been
transferred to section 1002 of Title I, Part A.
With respect to local administrative expenses, the
Committee has included a new provision which limits local
educational agency administrative expenses to no more that four
percent of the funds they receive under Title I, Part A,
thereby ensuring that at least 96 percent of the school
district's Title I, Part A funds are used for classroom
activities or related services.
The Committee has made it absolutely clear that nothing in
this Act affects home schools. In addition, the Committee made
changes to ensure that private schools that do not receive ESEA
funds are not affected either. H.R. 1 includes three rules of
construction relating to home schools, private schools, and the
privacy of assessment results. First, home schools and students
who are home schooled do not receive any funds or services
under the Elementary and Secondary Education Act. Accordingly,
to be clear about the non-applicability of ESEA to home
schools, the Committee has included language in section 1805
which clarifies that nothing in Title I is intended to affect
home schools, nor are home schooled students required to take
any of the assessments referenced in Title I. Similarly,
nothing in Title I is intended to affect private schools that
do not receive ESEA funds or services under Title I, nor are
students at private schools that do not receive funds or
services required to participate in any assessments in Title I.
Similar provisions to each of these latter two rules of
construction are also included in the General Provisions of
Title VIII.
With respect to individual assessments, students and their
parents will have the protections provided in section 444 of
the General Education Provisions Act for test results that
become part of the education records of the student. While this
would be the case through the independent application of
Section 444 apart from mentioning it in H.R. 1, the Committee
has chosen to give emphasis to the protections through a cross
reference. Under section 444 of the General Education
Provisions Act, a student's education records may not be
disclosed to third parties unless parental consent is given.
TITLE II, PART A--TEACHER QUALITY TRAINING AND RECRUITING FUND
Title II of the No Child Left Behind Act of 2001 is based
upon three principles: teacher excellence, smaller classes, and
local choices. It will provide a major boost to schools in
their efforts to establish and support a high quality teaching
force. The No Child Left Behind Act of 2001 consolidates and
streamlines the Eisenhower Professional Development program and
the Class Size Reduction program into a single program to
provide States and local schools additional flexibility in the
use of these funds, in exchange for increased accountability by
demonstrating that student achievement is increasing. Using
these funds, local officials will have the support and
flexibility necessary to improve academic achievement through
such initiatives as providing high quality training for
teachers and reducing class size.
The Committee notes that efforts to improve academic
achievement take many forms. There is no single solution or
program to accomplish this. Indeed, for every school there are
different approaches that are appropriate to their particular
circumstances. H.R. 1 reflects this reality and provides the
flexibility to local school districts in how these funds may be
directed. However, the No Child Left Behind Act of 2001
encourages schools to focus upon efforts, such as improving
teacher quality and class size reduction, that have been
scientifically proven to lead to academic success, while not
imposing any one-size-fits-all approach dictated from
Washington upon schools on how to carry out such efforts.
Teacher Quality
The importance of teacher quality was consistently
highlighted by the many witnesses testifying before the
Committee on Education and the Workforce during the 106th
Congress. It was made clear that teacher quality, above all
other factors within schools, is the most important determinate
of student academic achievement. Dr. Sandra Horn, University of
Tennessee, Value Added Research and Assessment Center in
Knoxville, Tennessee, provided one such example. In her
remarks, she stated:
``In the past few years, the team at the University of
Tennessee Value-Added Research and Assessment Center (UT-VARAC)
has examined the effects of class size, class heterogeneity,
past achievement levels of students, building change, and
several other factors on the academic growth of students.
Although several of the factors studied affect student gains to
some degree, in every case, the effect of the teacher has been
found to be far and away the most important determinant of
student academic growth. Effects of ineffective teachers are
cumulative and very large and can be seen years after a student
moves on to other teachers. There is no evidence that effective
teachers can ever rectify the retardation of academic growth
that occurred under a previous poor teacher. And there is
evidence that teacher assignment patterns may indeed be
perpetuating and sustaining the achievement gap between white
students and minority students.''
The impact of quality teachers was also highlighted in a
report issued by The Education Trust, entitled, ``Good Teaching
Matters--How Well-Qualified Teachers Can Close the Gap.'' Among
the findings highlighted in the report were those from a large-
scale study in Texas conducted by Ronald Ferguson of Harvard
University. His study ``found that teacher quality--as measured
by education, experience, and test scores on initial teacher
licensing exams--has more impact on student achievement
(explained some 43 percent of the variance) than any other
single factor, including family income and parent education.''
Based on the same work outlined by Dr. Horn, the Education
Trust report also noted that Dr. William Sanders of the
University of Tennessee found that ``students who scored at
roughly the same level on mathematics tests in third grade were
separated by differences of as much as 50 percentage points on
sixth grade tests depending on the quality of the teachers to
whom they were assigned. Scoring differences of this magnitude
can represent the difference between placement in the
`remedial' and `accelerated' tracks.''
Last year, a consortium of research groups, including the
Rand Corporation, released a study, entitled, ``Class Size
Reduction in California: The 1998-99 Evaluation Findings,''
that reviewed California's multi-billion dollar class size
reduction program. The researchers found slight academic gains
from the program, but at a very high cost in terms of
compromising teacher quality. Specifically, while 98.2 percent
of K-3 teachers in schools evaluated were `fully credentialed
teachers' in 1995, this percentage plummeted to just 86.6
percent by 1999. The report also found that during the same
period, 4th and 5th grade teachers with full credentials
dropped from 98.7 percent to 85.6 percent. Even in the upper
grades, the percentage of qualified teachers dropped from
around 98 percent to just over 90 percent. The impact of
declining teacher quality was found to be the greatest in low-
income schools, where the percentage of qualified teachers
dropped from 97 percent to 78 percent.
The Committee notes that under H.R. 1, local officials have
significant flexibility in determining the best approaches to
improving teacher quality and improving student academic
achievement. Accordingly, the Committee recognizes that
reducing class size can also be an effective tool for school
reform, if implemented properly. Rigorous, peer reviewed
scientific research, especially Tennessee's longitudinal STAR
(Student-Teacher Achievement Ratio) study and Wisconsin's SAGE
(Student Achievement Guarantee in Education) program, has shown
reduced class sizes with qualified teachers to be effective in
substantially raising student achievement, particularly for
poor and minority students. These gains have been observed
primarily in the early grades. Furthermore, follow-up research
of the STAR study has shown class-size reduction to have a
lasting effect well into high school, resulting in higher
academic performance, higher graduation rates, and a greater
likelihood that students will take steps to prepare for
college.
Even in California, where implementation problems clearly
weakened the benefits of class-size reduction by lowering the
teacher quality in the State, the evaluation found that
students overall showed slight, but significant, academic gains
two years in a row, and these gains were found to persist after
the students returned to larger classes.
Given the clear importance of teacher quality, it is
crucial that initiatives at the federal, State, and local
levels help produce high quality teachers. Many other factors
need to be examined in an effort to impact and improve teacher
quality. A large percentage of the 2.8 million public school
teachers currently in the classroom will be there for many
years to come. Therefore, we cannot ignore the need to ensure
that existing teachers have the skills and knowledge necessary
to provide opportunities for every child to succeed
academically. H.R. 1 recognizes this fact and promotes
activities at the federal, State, and local levels to address
quality ranging from the hiring and recruiting of new teachers
to efforts to help teachers once they enter the classroom.
Authorized State Activities
Under H.R. 1, States are authorized to retain up to five
percent of funds for State activities. Among other things,
authorized State activities include: Reforming teacher
certification, recertification, or licensure requirements;
expanding, establishing, or improving alternative routes to
State certification for teachers; carrying out programs that
include support during the initial teaching and leadership
experience, such as mentoring programs; assisting local
educational agencies and schools in effectively recruiting and
retaining highly qualified and effective teachers and
principals; reforming tenure systems; developing professional
development programs for principals; and developing teacher
advancement initiatives that emphasize multiple career paths
and pay differentiation.
States like Texas have already made great progress in
implementing reforms related to teacher preparation programs
and certification. Dr. Pamela Tackett, Executive Director of
the Texas State Board for Educator Certification, testified
before the Committee on Education and the Workforce during the
106th Congress and provided an overview of their efforts.
Recognizing that Texas faced over 43,000 vacant teacher
positions, and an attrition rate among teachers of
approximately 32 percent after three years, Texas is pursuing
an effort to support new teachers with mentors and on-going
training. These efforts are based on model induction programs
inseveral Texas schools which resulted in a 95 percent
retention rate among beginning teachers after three years. However,
despite the need for Texas to find more teachers, they are not lowering
their standards in order to increase the number of teachers. In fact,
Texas is one of the few States that has implemented tough standards for
teacher preparation programs. In order to be certified, these
institutions are held accountable for the performance of their teacher
candidates in taking the State's certification examinations. These
examinations are also being strengthened to ensure teacher candidates
are able to demonstrate specific knowledge and skills in the subjects
in which they plan to teach.
Math and Science Partnerships
Although the No Child Left Behind Act of 2001 consolidates
funds from the Eisenhower Professional Development program into
a larger grant to States and localities, it maintains some of
the best aspects of this program. One example is the emphasis
that H.R. 1 places on math and science activities funded
through partnerships which include State educational agencies,
institutions of higher education and high need local
educational agencies.
The purpose of the math and science partnerships program is
to improve the achievement of students in the areas of
mathematics and science. Activities that can be undertaken
include encouraging States, institutions of higher education,
and local educational agencies to participate in programs that
focus on education and training of mathematics and science
teachers; encouraging institutions of higher education to
assume greater responsibility for improving mathematics and
science teacher education; and bringing mathematics and science
teachers together with scientists, mathematicians, and
engineers to expand content knowledge and research in science
and mathematics.
The Committee notes the findings from the ``National
Evaluation of the Eisenhower Professional Development
Program,'' conducted by the American Institutes of Research.
The evaluation found professional development sponsored through
institutions of higher education to be more effective than
district-sponsored activities. The study noted that these
programs ``are more likely to focus on content, to provide more
opportunities for active learning, to be more connected to
teachers' other experiences, and to involve a greater number of
hours, and to occur over a longer time span.''
Under H.R. 1, States, working in conjunction with State
agencies for higher education, must award at least 15 percent,
but not more than 20 percent, of the funds (at the discretion
of the State) on a competitive basis to eligible partnerships
for math and science programs. Required participants of the
eligible partnerships must include at least: (1) a State
educational agency; (2) a mathematics or science department of
a private independent or State-supported public institution of
higher education; and (3) a high need local educational agency.
In addition, partnerships may include: (1) another institution
of higher education or the teacher training department of such
institution; (2) additional local educational agencies, public
charter schools, elementary or secondary schools; (3) a
business; or (4) a nonprofit organization of demonstrated
effectiveness including a museum or research institution.
The Committee notes that science education ought to reflect
the scientific process and be object-oriented, experiment
centered, concept-based; and should involve students in
scientific inquiry and analysis. Students should learn the
basic theories and operations of mathematics, as well as
develop the understanding that numeric systems have intrinsic
properties that can represent objects and systems in real life
and that the basic principles of mathematics can be applied in
solving real world problems. Mathematics and science education
can and often should include the study of engineering and
technology. Engineering education, reflecting the realities of
real world design, should involve hands-on projects and require
students to understand and make trade-offs based upon evidence.
Students should learn technology as a tool to solve problems
and a process by which people adapt the natural world to suit
their own purposes. Computers represent a particularly useful
form of technology, enabling students and teachers to acquire
and tabulate data, model systems, visualize phenomena,
communicate and organize information, and collaborate with
others in powerful new ways. A background in the basics of
information technology is essential for success in the modern
workplace and the modem world.
Local uses of funds
Recognizing that the most important decisions in education
occur at the local level, H.R. 1 provides the majority of its
funds directly to local educational agencies, and allows
considerable flexibility in how these funds are used. Local
educational agency allotments would have to be equal to funding
received under the Eisenhower Professional Development program
and the Class Size Reduction program. 80 to 85 percent of the
funds (at the discretion of the State and based on the amount
reserved for math and science partnerships) are sent to local
educational agencies by formula (80 percent based on poverty
and 20 percent based on population) for local uses of funds.
Among other things, local uses of funds include: Initiatives to
assist recruitment of principals and fully qualified teachers;
initiatives to promote retention of highly qualified teachers
and principals; programs and activities that are designed to
improve the quality of the teacher force; teacher opportunity
payments; professional development activities designed to
improve the quality of principals, including developing
leadership academies for principals and superintendents;
teacher advancement initiatives that emphasize multiple career
paths and pay differentiation; and hiring fully qualified
teachers in order to reduce class size.
Given the flexibility provided under H.R. 1, local
educational agencies and schools will have the opportunity to
use these funds for reforms and innovative projects aimed at
increasing teacher quality and student academic achievement.
One such area involves alternative certification programs.
These programs provide opportunities for experienced
professionals from other fields to enter teaching without
having to go through the traditional schools of education. Dr.
C. Emily Feistritzer, President, National Center for Education
Information, testified before the Committee on Education and
the Workforce during the 106th Congress on the benefits of
these programs and key characteristics of the best programs.
Specifically, she noted the successful efforts in New Jersey,
Texas, and California, where alternative route programs have
had a significant impact on the recruitment and retention of
highly qualified individuals for teaching. She noted, ``all
three of these States report that teachers certified through
their alternative routes perform as well, and, in some cases,
better, on certification examinations as their counterparts who
completed traditional teacher educationprograms.'' Dr.
Feistritzer also provided the specific characteristics of highly
effective alternative teacher certification programs. Specifically, she
noted they have ``a strong academic coursework component; they are
field-based programs, meaning that individuals get into classrooms
early in their training; teacher candidates work with a qualified
mentor teacher; candidates usually go through their program in cohorts,
not as isolated individuals; most of these programs are collaborative
efforts among State departments of education, whose responsibility it
is to license teachers, colleges and universities that historically
have had the responsibility for educating and training teachers, and
school districts who actually hire teachers.'' The Committee urges
States and localities to promote these characteristics in any
alternative certification program supported with funds under this
Title.
H.R. 1 gives local educational agencies the flexibility to
use funds to help recruit, reward and retain the most qualified
teachers. The area of recruitment is becoming especially
important as more and more of the nation's top graduates from
education institutions never end up in the classroom. Instead,
they are pursuing other careers, which may offer more
competitive salaries. Under the No Child Left Behind Act of
2001, local funds may be used to set up incentive programs to
enable schools to attract these types of new teachers. The
ability to implement differential pay programs with ftmds from
H.R. 1 is important if schools are to find and retain teachers
in areas such as math and science, where competition from the
private sector has made it especially difficult for schools to
hire these individuals.
Ensuring the best teachers stay in the classroom is also
important. Increasing retention through mentoring and induction
programs are just some examples of the types of activities
schools will have the flexibility to implement under H.R. 1.
However, if the best teachers are to be justly rewarded,
schools need to establish systems which effectively recognize
those teachers having the greatest impact on student academic
achievement, including those having a firm grasp of the subject
areas in which they teach. To this end, the No Child Left
Behind Act of 2001 permits schools to consider approaches such
as testing teachers and merit-based systems focused on
rewarding teachers whose students excel.
Under H.R. 1, teachers will be empowered to play a role in
the decisions made regarding professional development
activities provided by local educational agencies. If a State
determines that professional development programs funded by a
local educational agency fail to meet requirements for
professional development activities, the State must notify such
agency that technical assistance is available to help meet
those requirements. If the local educational agency fails to
meet requirements for professional development activities for
two consecutive years, then such agency must direct these funds
through Teacher Opportunity Payments (TOPs) directly to the
teachers themselves. In addition, local educational agencies
may choose to use all of their professional development funds
through the TOPs program.
Teacher Opportunity Payments allow a teacher, or a group of
teachers (within the school or district), to have the ability
to have direct access to these funds for use toward a
professional development program of his or her choice. For
example, a group of teachers may decide to put their funds
toward a program at an institution of higher education that has
proven it can provide exceptional training for the effective
teaching of State math standards. However, such a program would
have to meet the quality standards set forth in the
legislation.
The TOPs program also recognizes that many schools have
comprehensive reform plans in place, such as schools that have
implemented a school-wide program, that are a school-
improvement school working under a school improvement plan, or
have enacted a Comprehensive School Reform Demonstration
program. In many of these schools, the actions of all teachers
may be tied to a particular reform model, such as Success For
All, and in these schools, individual teacher professional
development is an important component of the whole school. In
light of these and other school-based reform efforts, the TOPs
program requires teachers to regularly consult with their
principal, both on the activity to be selected, and throughout
the training, to ensure the TOPs program provides benefits for
both the teacher individually, and the school as a whole.
Under the TOPs program, local educational agencies must
provide notice regarding the availability of funds to all
teachers within the schools identified by the agency. The
Committee highlights the provision which will ensure that the
principals of these schools actively recruit for TOPs, those
teachers who are either not fully certified in their subject
areas or who are otherwise in need of assistance to ensure the
academic success of their students. In the event the local
educational agency does not have adequate funding to meet the
demands of all teachers seeking this assistance, the TOPs
program provides a priority to assist those teachers who need
such training the most.
The TOPs program is based upon the belief that teachers are
often in the best position to determine their particular
professional development needs. The Committee has learned that
too often professional development is selected without the
participation of teachers, and as a result, leads to programs
that fail to provide the maximum benefit to these teachers. The
time available to teachers and the resources needed for
professional development are too limited resulting in
widespread mediocrity in the quality of programs provided to
teachers. The TOPs program gives more authority to teachers and
ensures quality in the professional development programs. The
Committee also notes the increased accountability given to
teachers across the country in improving the academic
achievement of their students. If this is the case, it simply
makes sense to also provide them with the ability and
opportunity to attend professional development programs which
they know will best help them meet this new level of
accountability.
Professional Development for Teachers
The relationship between high quality professional
development and student achievement has been the focus of
extensive research. Dr. Jane Butler Kahle, Condit Professor of
Science Education at Miami University in Oxford Ohio, testified
before a joint hearing with the Committee on Science during the
106th Congress, and provided an overview of the leading
research in this area. She noted results from a systemic
initiative in Ohio, which found that teachers participating in
sustained professional development, when compared to those who
had not, had students with higher test scores. For example, she
noted, ``African-American girls in classes of teachers with
sustained professional development scored nine percent higher
on the science achievement test than did their peers in
classrooms of teachers who had not participated.''
While some professional development can lead to higher
student achievement, it is clear that not all professional
development leads to such results. Dr. Kahle also noted the
work of Dr. D.H. Monk, which concluded that ``additional
coursework in specific areas (e.g., the number and kinds of
science and mathematics courses) has a positive effect on
student learning, while additional coursework by teachers in
unrelated subjects has no, or a negative, effect on student
learning.'' Dr. Kahle concluded that ``short-term, finite
programs usually do not result in improved content knowledge
for teachers, or changed teaching practice, or enhanced student
learning.''
The No Child Left Behind Act of 2001 builds upon research
that has been proven to have the common characteristics of
effective professional development. Specifically, under Title
II, professional development must: (1) ensure that all teachers
teaching within the State are fully qualified not later than
December 31, 2005; (2) support professional development
activities that give teachers, principals, and administrators
the knowledge and skills to provide students with the
opportunity to meet challenging State academic content
standards and student academic achievement standards; (3)
support the recruiting, hiring, and training of fully qualified
teachers, including teachers fully qualified through State and
local alternative routes; (4) advance teacher understanding of
effective instructional strategies based on scientifically
based research for improving student achievement; (5) be
directly related to the curriculum and content areas in which
the teacher provides instruction; (6) be designed to enhance
the ability of a teacher to understand and use the State's
standards for subject areas in which the teacher provides
instruction; (7) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing student
achievement; (8) be of sufficient intensity and duration (not
to include 1-day or short term workshops and conferences) to
have a positive and lasting impact; (9) be developed with
extensive participation of teachers, principals, parents, and
administrators; (10) be designed to give teachers of limited
English proficient children the knowledge and skills to provide
instruction and appropriate language and academic support
services to such children; (11) to the extent appropriate,
provide training for teachers and principals in the use of
technology; and (12) be regularly evaluated for their impact on
increased teacher effectiveness and improved student
achievement.
With respect to the requirement that the activity ``be of
sufficient intensity and duration (not to include 1-day or
short term workshops and conferences) to have a positive and
lasting impact,'' the Committee notes that exceptions may be
provided if such activity is a component of a long-term
comprehensive professional development plan established by the
teachers and the teachers' supervisor based upon an assessment
of their needs, their students' needs, and the needs of the
local educational agency. This provision is based upon the
national Eisenhower evaluation which found that traditional
types of professional development (such as conferences), are
less likely to be associated with positive teacher outcomes,
unless they occur over a long time span and involve a
significant number of hours. The Committee does not expect such
exceptions to be the norm, however.
The 1994 reauthorization of the Eisenhower Professional
Development Program provided an important push toward
increasing the accountability of professional development.
Specifically, it outlined the characteristics of high quality
professional development and stressed that local schools only
fund those activities with such characteristics. A report of
the National Evaluation of the Eisenhower Program found reasons
to be optimistic, while at the same time highlighted the
realities of how much more needs to be done in this area.
Testifying before the Committee on Education and the Workforce
during the 106th Congress, Dr. Beatrice F. Birman, from the
American Institutes for Research (AIR), stated the following
regarding the overall quality of professional development under
the Eisenhower program: ``While on average, districts may have
improved some features of their professional development
activities since the last reauthorization, the national
evaluation's survey of district Eisenhower coordinators
indicates that the features of Eisenhower-funded professional
development activities vary substantially across districts.''
She went on to discuss how short-term, one-day workshops are
still the norm in some districts, and that just over half of
teachers in district level programs ``reported that
participation enhanced their knowledge and skills in curriculum
content.'' This evaluation has assisted the Committee in
raising the awareness of the need to increase the quality of
programs assisted with these federal funds. H.R. 1 helps
promote the improvement of these programs by setting clear
guidelines and requirements for professional development
programs.
Troops to Teachers and Transition to Teaching
Despite the fact that as many as two million new teachers
may be needed in the next decade, many skilled individuals are
prevented from entering the teaching profession because they do
not have the time or resources to get a formal education degree
or teaching certification. The Troops to Teachers program was
designed in 1993 as a partial response to this problem,
facilitating the placement of qualified military personnel in
classrooms across the country by matching them with school
districts that need more instructors, and by providing a
stipend as they undergo training and certification. A 1998
National Center for Education Statistics study found that more
than 60 percent of Troops-to-Teachers participants were rated
by administrators as ``among the best,'' ``well above
average,'' or ``above average.'' H.R. 1 updates and continues
the Troops to Teachers program.
In addition, H.R. 1 reauthorizes the Transition to Teaching
program. The purpose of this program is to address the need of
high-need local educational agencies for highly qualified
teachers based on the model of the successful Troops to
Teachers program. The Transition to Teaching program aims to
recruit, prepare, place, and support career-changing
professionals who have knowledge and experience that will help
them become high quality teachers. Funds under this program can
be used for recruiting; training stipends, and other financial
incentives for program participants; assisting institutions of
higher education or other providers of teacher training to
tailor their training to meet the particular needs of
professionals who are changing their careers to teaching; and
placement activities for program participants.
TITLE II, PART B--NATIONAL WRITING PROJECT
H.R. 1 authorizes the National Writing Project, which
encompasses a network of 161 sites at universities in 47
States. The National Writing Project provides intensive
training to teachers in the area of writing. These teachers
then return to their schools, where they pass along their
knowledge to other teachers. The Committee notes the useful
results of the National Writing Project and the fact that it
provides a cost-effective mechanism by which to disseminate
good teacher practices. In fact, the Project has been found to
raise seven dollars for every federaldollar of support.
Further, it has been reported to serve over 100,000 teachers every year
at a cost of just 80 cents per participant hour.
TITLE II, PART C--CIVIC EDUCATION
H.R. 1 authorizes the Education for Democracy Act.
Specifically, the purposes of this program are (1) to improve
the quality and student knowledge of civics and government
education by educating students about the history and
principles of the Constitution of the United States, including
the Bill of Rights; (2) to foster civic competence and
responsibility; and (3) to improve the quality of civic and
economic education through cooperative exchange programs with
emerging democracies throughout the world.
This program supports the Center for Civic Education and
its education program that encourages instruction on the
principles of our Constitutional democracy; the history of the
Constitution and the Bill of Rights; congressional hearings
simulations; and annual competitions of simulated congressional
hearings for secondary school students. It also authorizes the
National Council on Economic Education to conduct Cooperative
Education Exchange programs that provide curricula and teacher
training programs in civics education and economic education,
developed in the U.S., for educators in emerging democracies.
The Committee believes that the Center for Civic Education
has operated these programs effectively and encourages the
Department to continue to utilize the Center for these and
other related initiatives.
TITLE II, PART D--TEACHER LIABILITY PROTECTION
Research confirms that teachers have a tremendous impact on
student achievement, particularly for low-income students. Yet,
in too many cases, teachers are not working in an environment
conducive to learning. Violence is a threat for some, while
others lack the authority they need to maintain discipline in
the classroom.
Between 1993 and 1997, teachers were victims of 1,771,000
nonfatal crimes at school, including 1,114,000 thefts and
657,000 violent crimes. Nearly 65 percent of public school
teachers charge that discipline is a ``serious'' problem in
their schools, and about 88 percent think that academic
achievement would improve ``substantially'' if persistent
troublemakers were removed from classes.
The problem of enforcing discipline has been compounded by
the increasing incidence of lawsuits. In the last two years
alone, almost one-third of all high school principals reported
being involved in lawsuits or out-of-court settlements,
compared with only nine percent ten years ago. And 99 percent
of principals say their policy on reporting bad behavior has
been modified because of liability costs and concerns.
To help teachers enforce discipline and shield them from
meritless and frivolous lawsuits, H.R. 1 contains language to
shield teachers, principals, and school board members acting in
their official capacity from federal liability arising out of
their efforts to maintain discipline in the classroom, as long
as they do not engage in reckless or criminal misconduct.
Title III--Education of Limited English Proficient and Immigrant
Children; Indian and Alaska Native Education
TITLE III, PART A--EDUCATION OF LIMITED ENGLISH PROFICIENT AND
IMMIGRANT CHILDREN
Today there are an estimated four million limited English
proficient children in the United States, with only nine
percent served under federal Bilingual Education Act programs.
The majority of these children are located in five States--
California, Texas, New York, Florida, and Illinois. Limited
English proficient children are present in almost half of the
nation's school districts (46 percent). Most of these children
are served in local, State, and other federal programs that
address, at least in part, their special educational needs. The
most recent estimate is that States spend at least $690 million
on limited English proficient children for bilingual education
and English as a Second Language training. The Elementary and
Secondary Education Act (ESEA) Title I program for
educationally disadvantaged students is reported to reach 2.1
million limited English proficient children (in 1997-1998 LEP
children made up 17 percent of Title I eligible children).
The recurring question is how the federal government can
best help local schools and school districts provide the best
possible education for these children to ensure they obtain the
English language and academic skills they need to succeed. At
the present time, under the existing competitive grant program,
the U.S. Department of Education decides which schools are in
greatest need of assistance and provides funding to local
schools and other eligible organizations based on the quality
of their applications for assistance. However, since funding
for special alternative projects is limited to 25 percent of
available funds, the opportunities for funding are severely
limited for school districts and other entities that are not
seeking funds for transitional bilingual education programs.
The structure of the current Bilingual Education Act not only
limits alternatives available to local schools, it ignores the
fact that States and local schools and communities have a
better sense of the needs of local schools with respect to the
education of limited English proficient children. States can
more closely monitor increases in populations of limited
English proficient children in its school districts and can
respond more quickly to requests for assistance.
It is the view of the Committee that the existing Bilingual
Education Act is in need of reform. Of growing concern is the
fact that nationally a large number of Hispanic students do not
complete high school. In 1988, 54.4 percent of Hispanic
students graduated from high school. In 1996, 55.2 percent of
Hispanic students graduated. Considering that almost three-
fourths of limited English proficient children speak Spanish,
the Committee has great concern that graduation rates for this
population of students have not increased considerably between
1988 and 1996. The ``federal'' approach has been tried for many
years, and still dropout rates are far too high for this
population of students. The Committee believes limited English
proficient children should have the same opportunities for
success as other students and that they should be held to the
same highacademic standards. It is time to let parents, States
and local communities determine how to best educate these students.
During the past two Congresses, the Committee and
Subcommittee on Early Childhood, Youth and Families held
several hearings examining the effectiveness of the Bilingual
Education Act. Witnesses at these hearings expressed the need
for reform of the current bilingual education programs.
Witnesses, including parents, expressed particular concerns
about current law practices related to the focus on
transitional bilingual education and a lack of parental
involvement in deciding whether or not their children should
participate in programs structured for limited English
proficient children. Celia M. Ruiz, a partner in a law firm
representing schools in California on a wide range of civil
rights and education law issues, stated in her testimony at a
Subcommittee hearing in the 105th Congress:
The school districts I represent today believe that
local autonomy is key to meeting the needs of limited
English proficient children. We believe that there is
more than one way to do that, and that no single
approach can serve the needs of all children in our
State. Moreover, we trust our local officials to
exercise wisely the flexibility and discretion we give
them to develop and implement unique and appropriate
solutions to the unique needs our communities face. It
is for that reason that we reject the efforts of some,
in our State and federal departments of education, to
externally mandate their preferred ``solutions'' to
diverse and inherently local problems.
The Committee also took note that in June 1998 the State of
California voters, by a margin of 61 percent to 39 percent,
approved in a referendum an end to bilingual education
programs. They instead chose to focus programs for limited
English proficient children on teaching children English. This
is a clear indication that States have a strong interest in the
education of limited English proficient children and that the
federal government should not dictate to the States on how best
to serve the needs of these students.
By turning decisions on bilingual education over to local
schools and States and strengthening parental consent
provisions, the Committee believes that decisions will be made
by those individuals closest to the children who are in a
position to best understand their educational needs.
Formula Grant vs. Competitive Grant Program
The Committee believes a formula grant to the States will
best address many of the concerns about current law practices.
It will provide States maximum flexibility in deciding where
the greatest needs exist for this type of assistance. At the
same time, it will focus funds on teaching children and youth
English as quickly as possible to allow them to transition into
classrooms where instruction is not tailored for LEP children,
instead of keeping them isolated from their English-speaking
peers.
The formula grant contained in H.R. 1 is focused on
supporting State and local programs in the development,
implementation, expansion or enhancement of English language
instruction programs.
Consolidation of Programs
The Emergency Immigrant Education Act was developed to
provide funds to the States to assist in the education of
immigrant students who have been in the United States for less
than three years. Information on recent program expenditures
indicates more than half of the funds have been used on English
language instruction or other bilingual education services.
Given this, and the fact that there is likely to be a
substantial amount of overlap among students served under this
program and the Bilingual Education Act, the Committee has
combined these two programs in H.R. 1, the No Child Left Behind
Act of 2001. The Committee continues to support programs to
help meet the educational needs of immigrant children and youth
and encourages States to continue providing special services to
them. This is one of the primary uses of funds under this Act.
The Committee also does not wish to restrict the types of
instructional programs carried out by States and eligible
entities. In fact, this bill makes it very clear that such
decisions are to be made at the local level, as long as they
are consistent with State law. Critics of this proposal have
stated that it will eliminate bilingual education altogether.
Nothing could be further from the truth. H.R. 1 contains
language providing that nothing in this Act shall be construed
as requiring a State or a local educational agency to
establish, continue or eliminate any particular type of
instructional program for limited English proficient children.
H.R. 1 also provides much greater flexibility than current
law with respect to the types of instruction provided to
English language learners. There are no restrictions on the
types of instructional programs that can be funded. In fact, an
eligible entity could decide to operate transitional bilingual
programs for children who are unable to read and write in their
native language, and English as a Second Language or structured
immersion programs for children who are able to succeed with a
moderate level of assistance.
Research on the effectiveness of different methods of
instruction has produced a variety of results. There is no
clear evidence that any one method of instruction is superior
in teaching children English. As such, the Committee believes
the federal government should not endorse one practice over
another, as is the case with respect to the current Bilingual
Education Act. In addition, the Committee does not believe the
focus of this legislation should be on the retention of a
child's native language. The focus should be on the attainment
of the English language and academic proficiency that is the
cornerstone for such children to achieve academic success.
While there is agreement that fluency in more than one language
is a benefit, this clearly is not a function of the federal
government. States and local schools and communities have the
responsibility for making decisions regarding foreign language
programs offered in schools or programs to help children retain
their native language. In addition, the role of parents in
retaining native language fluency for their children is
critical.
The current Emergency Immigrant Education Program is a
formula grant program under which States determine which local
school districts are in need of assistance and fund projects in
such schools. There is no reason to believe States will not be
able to make similar determinations if the Bilingual Education
Act becomes a formula grant program. It is simply a matter of
whetheror not we want to continue to allow the federal
bureaucracy to make important decisions regarding the education of
limited English proficient children or to turn these decisions over to
States and local schools and communities.
Parental Consent
The Committee heard from parents and other concerned
individuals regarding the placement of their children in
bilingual education courses without their permission or
knowledge. Parents have also complained that schools have been
unwilling to remove their children from such classes upon their
request.
According to the United States Commission on Civil Rights
report entitled, ``Equal Educational Opportunity and
Nondiscrimination for Students with Limited English
Proficiency: Federal Enforcement of Title VI and Lau v.
Nichols'':
School districts across the country are experiencing
serious tensions between school officials and parents
over placement. Many parents of students with limited
English proficiency are expressing dissatisfaction with
the education their children are receiving. For
example, in New York City, Maria Perez, a parent who is
fighting her child's placement in the city's bilingual
education program recently stated: `What bothered me
was that they place children in bilingual programs and
keep them there for years and years. They aren't
learning English.' The problems that prevent academic
success can and should be addressed by parents working
together with school personnel to determine where
problems exist and how they can be solved.
The parental consent provisions in H.R. 1 make it very
clear that parents should play a major role in determining the
placement of their children in English language instruction
programs. Schools should not be making decisions regarding the
placement of English language learners without exhausting all
available means to reach an agreement on such placement with
the children's parents. Parents want their children to learn
English as quickly as possible because they know it is
essential in order to succeed academically and in life. They
should be able to prevent their children from being placed in
classrooms that they do not believe will help them learn
English and succeed in school. Parents should also have the
ability to remove their children from such classrooms
immediately if they believe it is not in their children's best
interest. The Committee agrees with the report of the Civil
Rights Commission, parents and schools should be working
together to make the best possible decisions regarding the
education of English language learners.
For instance, Mr. George Louie, who testified before the
Subcommittee on Early Childhood, Youth and Families during the
105th Congress, spoke of his experiences with his son. Mr.
Louie's son, Travell, was born and raised in the United States.
Yet, he told the Subcommittee that his son was placed in a
Chinese bilingual classroom in Oakland, California without his
consent or knowledge. He told of over 75 calls he made to
school officials. He also met with the administrative assistant
to the superintendent and the general counsel in an attempt to
have his son removed from this program. According to Mr. Louie:
``Their initial response was, `We will transfer your kid to
another school district'.'' This was not a satisfactory
resolution to the problem for Mr. Louie, who was living on
disability and could not afford to take his child on public
transportation to another school. At the time the hearing was
held on February 18, 1998, Travell was still in a Cantonese
bilingual class.
In another instance, Ms. Martha Bujanda, the former
director of a community outreach program at the University of
Dallas and a former bilingual education student, testified
before the Subcommittee on Early Childhood, Youth and Families
in the 106th Congress about numerous parents who had children
in bilingual education classes. She told of how many of these
parents were surprised to learn that their children were not
being taught exclusively in English and not attaining English
language skills. When they discovered that removing their
children from such specialized classes was possible most were
intimidated by the thought of having to go to their children's
school and formally sign a written request stating their desire
to remove their child from the bilingual education program
since they themselves did not speak fluent English. She
specifically stated that ``Even in those rare cases where
parents were willing to be proactive with school administrators
about this issue, they were often discouraged by guidance
counselors and teachers, or were made to feel like outcasts for
wishing to place their children in mainstream classes.'' She
went on to discuss how she assisted a parent in removing her
seventh grade boy from the bilingual education program at his
middle school, ``What I thought would be a relatively easy
task, turned into a two and half-hour situation. Disregarding
the mother's wishes, the boy's homeroom teacher, guidance
counselor, and principal attempted to convince them both that
it was in the boy's best interest to remain in the program
instead of attending mainstream classes in English.''
Accounts such as these pointed out to the Committee the
need for greater parental involvement in decisions regarding
the education of children who are English language learners.
To this end, H.R. 1 contains provisions that require the
parent or parents of children participating in programs under
this Act to be informed of: (1) the reasons for identification
of their child as being in need of English language
instruction, (2) their child's level of English proficiency and
how it was assessed, (3) the status of their child's academic
achievement and how the program will assist their child to
learn English and meet age-appropriate standards for grade-
promotion and graduation, (4) what the specific exit
requirements are for the program, (5) the expected rate of
transition from the program into a classroom that is not
tailored for limited English proficient children; and (6) the
expected rate of graduation from high school for the program
for children in secondary schools.
H.R. 1 specifies that local educational agencies must make
a reasonable and substantial effort to obtain informed parental
consent prior to the placement of a child in an English
language instruction program for LEP children. The bill further
provides specific provisions for situations when parental
consent is not obtained by requiring LEAs to maintain a written
record that includes the date, manner, and specific efforts
made to obtain such consent. Such proof of effort must be in an
understandable form and mailed or delivered to the parent or
parents, including a final request for parental consent for
such services, of a child prior to placing the child in an
English language instruction program for LEP children. H.R. 1
provides similar provisions for children who have not been
identified as limited English proficient prior to the beginning
of the school year.
The bill also requires that schools honor a parental
request to have their child removed from a bilingual education
program immediately should the parent or parents decide they no
longer wish their child to participate in such a program.
Finally, H.R. 1 provides that schools must allow the parents of
limited English proficient children to select the method of
English language instruction their child will receive if more
than one method is offered.
It is the view of the Committee that parents have the
primary responsibility for their children's education. These
new changes ensure that the parents of limited English
proficient children have the same rights as other parents. In
such cases where a response cannot be obtained, the Committee
believes limited English proficient children should receive
appropriate services without delay.
Testing of English Language Learners and Accountability
H.R. 1 provides that States receiving funds under this
program are required to assess LEP students in English who have
attended school in the United States for three or more
consecutive school years in reading or language arts. However,
it does permit a local educational agency to use assessments in
another language and form if they are likely to yield more
accurate and reliable information on what students know and can
do for one additional year. Such determinations are to be made
on a case-by-case basis. The Committee is concerned that there
will not be an accurate picture of the progress made by limited
English proficient children if they are not tested in the
English language.
Further, testing these children will allow local school
districts to determine the progress of limited English
proficient children in mastering the English language. It will
also allow local educational agencies to determine where they
may need to improve assistance programs for these children if
test scores indicate that children are not making adequate
progress towards English language proficiency. The whole point
of education programs for English language learners, by
whatever method, is to assimilate limited English proficient
children into the mainstream of society and the regular
education population. Testing children permits schools to
monitor whether or not there is any improvement in the child's
English language proficiency and provide them with any
additional support they may require.
In addition, H.R. 1 holds States and local educational
agencies accountable for transitioning limited English
proficient children out of specialized programs and into
classrooms where instruction is not tailored for limited
English proficient children. As stated above, the bill requires
States to test all LEP children in English after three years
that the student is attending school in the U.S. and if LEP
children do not meet adequate yearly progress or are not
English proficient after such time, the State may lose up to 20
percent of their total ESEA administrative funds.
The Committee strongly believes that in order to ensure
that programs for the education of limited English proficient
and immigrant children are serving their intended purpose
States should be held accountable for results. Holding States
and local school districts accountable for ensuring that LEP
children are becoming proficient in English not only ensures
that the program is serving its intended purpose, but also
ensures that LEP children are becoming proficient in English
and therefore are better equipped to have successful and
rewarding academic careers.
State and Local Use of Funds
In an effort to best serve the needs of limited English
proficient children, H.R. 1 drives 95 percent of available
funds to the local level, to be used by eligible entities to
provide assistance to children who are limited English
proficient. States can use the remaining funds for a variety of
activities, although the amount that can be spent on
administration is limited to two percent.
In restructuring the Bilingual Education Act, the Committee
eliminated the direct funding of professional development
programs. However, the Committee recognizes that there is a
need for additional teachers and other professionals who are
trained to provide services for limited English proficient
children. As such, H.R. 1 provides that States can use funds
for professional development activities that assist personnel
in meeting State and local certification requirements for
English language instruction and other activities that provide
such personnel with the skills and knowledge necessary to
educate LEP children. States can also use funds to provide
scholarships and fellowships to students who agree to teach
limited English proficient children once they graduate. In
addition, local grantees may use funds to provide professional
development to classroom teachers, principals, administrators
and other school or community-based personnel to improve the
instruction and assessment of limited English proficient
children.
States are also permitted to use funds to provide bonuses
to subgrantees whose performance has been exceptional in terms
of the speed with which children attain English language
proficiency. The Committee believes such bonuses will encourage
local subgrantees to work even harder to ensure that limited
English proficient children are taught English as quickly as
possible.
Further, H.R. 1 allows States to use funds to provide other
forms of assistance to local educational agencies (LEAs) that
do not receive a subgrant under this Act. A growing number of
schools are faced with educating limited English proficient
children. Many of these LEAs have little or no experience in
how to provide quality educational services to children who do
not speak English. The Committee feels it is important to
provide States the flexibility to use funds to provide
assistance to these LEAs, be it technical assistance or
curriculum materials. The Committee also encourages States to
link LEAs with little or no experience. in educating limited
English proficient children with schools which provide quality
services to these children so they can share information and
ideas on how to best address the needs of these children. While
the focus of this legislation is on providing assistance to
LEAs with large numbers of LEP children, the Committee does not
want to overlook the needs of smaller LEAs, where the education
of these children is just as important as it is in larger
school districts.
In addition to professional development, local entities
requesting funds under this Act may use funds to upgrade
program objectives and effective instructional strategies,
improve the instruction of LEP children by providing for the
acquisition or development of education technology or
instructional materials, access to and participation in
electronic networks for materials, training and communications,
and incorporation of such resources in curricula andprograms,
developing tutoring programs, and providing family literacy services.
States are also permitted to fund other activities that assist in the
education of eligible children and youth.
Evaluations and Reporting Requirements
In order to follow the progress of the Education of Limited
English Proficient and Immigrant Children program, H.R. 1
requires eligible entities that receive a subgrant from a State
to provide the State with an evaluation every two years that
indicates: (1) the programs and activities conducted by the
entity, (2) the progress made by students in learning the
English language, (3) the number and percentage of students in
the programs and activities attaining English language
proficiency by the end of each school year, and (4) the
progress made by students in meeting challenging State academic
content and achievement standards.
Such evaluations will be used by the States to determine if
students served by the program are attaining English
proficiency and are meeting challenging State academic content
and achievement standards and have achieved a working knowledge
of the English language to permit them to perform well in
English in a classroom not tailored to limited English
proficient children. These evaluations must assess: (1) oral
language proficiency in kindergarten, (2) oral language
proficiency, including speaking and listening skills in first
grade, (3) both oral language proficiency, including speaking
and listening skills, and reading and writing skills in grades
2 and higher, and (4) the attainment of challenging State
student academic achievement standards.
Based on these evaluations, H.R. 1 further requires States
to report every two years to the Secretary a report on the
programs and activities undertaken by the State as to the
effectiveness of such programs and activities in improving the
education of limited English proficient children.
The Committee firmly believes that in order to ensure that
federal programs serve their intended purpose, measures must be
in place to assess a program's successes and failures.
Requiring States to evaluate and report to the U.S. Secretary
of Education on the effectiveness of programs designed to
provide services to LEP children in their State, ensures that
States will closely monitor the progress of such programs in
meeting their intended goals.
Changing the Name of the Office
Currently the name of the office within the Department of
Education responsible for the Bilingual Education Act is the
Office of Bilingual Education and Minority Languages Affairs.
The Committee believes the name of the office should reflect
the primary purpose of the program. It has, therefore, renamed
the office, the Office of Educational Services for Limited
English Proficient Children. Since the primary purpose of this
legislation is to provide English language learners with the
English language skills they need to perform well in school,
the Committee believes renaming the office is appropriate and
consistent with the intent of this Act.
TITLE III, PART B--INDIAN AND ALASKAN NATIVE EDUCATION
Background and Committee Views
Programs designed to enhance the educational opportunities
for native populations are administered by both the Department
of Education under the Elementary and Secondary Education Act
(ESEA) of 1965 and the Bureau of Indian Affairs (BIA). Title
III, Part B, of the No Child Left Behind Act of 2001 updates
and improves these programs as follows.
Department of Education Programs
Programs administered by the Department of Education are
designed to provide financial support to reform and improve
elementary and secondary school programs that serve American
Indian students; improve and enrich the quality of education
for Indian students; research and evaluate information on the
effectiveness of Indian education programs; and improve
educational opportunities for adult Indians. The majority of
the funds are distributed under a formula based on the number
of Native American children in the LEA or BIA funded schools.
For FY 1999, awards were made to 1,120 LEAs, 84 BIA grant/
contract schools, and 70 BIA operated schools, and served
460,782 students in 41 States. In addition, the department
administers a number of competitive grant programs to provide
supplemental education for Alaska Native children and adults.
In updating and improving these programs, the Committee
focused on improving student academic achievement, targeting
resources to the programs that are providing the best results,
greatly increasing the flexibility of the programs at the local
level, reducing the administrative burden placed on
participating entities, increasing the amount of aid that
actually reaches the classroom, and increasing the emphasis
placed on family literacy services for the affected
populations. The centerpiece of the Committee's efforts is
flexibility coupled with accountability for results.
Specifically, the Committee included a new provision allowing
LEAs which receive formula grants under Title III, Part B, to
commingle all of the federal funding they receive for educating
Indian children, regardless of which agency provides it, into
one coordinated, comprehensive program to meet the specific
needs of Indian children. LEAs that choose to do this will
submit a single plan describing how they intend to consolidate
funding, and specifying the student academic achievement goals
that they will meet. The Committee intends that these entities
be given the maximum flexibility in implementing their plans,
and expects the Secretary and the head of any affected agency
to give applicants their fullest cooperation. The Committee is
hopeful that the flexibility provided will allow LEAs to reduce
administrative costs while improving educational services to
Indian children. Additionally, the Committee has provided
increased flexibility in counting eligible children for funding
purposes to BIA funded schools. This is consistent with our
efforts to reduce administrative burdens placed on grant
recipients.
The Committee has also eliminated four unfunded programs
under Part B. These programs include: Fellowships for Indian
Students; Indian Gifted and Talented programs; Grants to Tribes
for Administrative Planning and Development; and Special
Programs Relating to Adult Education. In taking this action,
the Committee recognizes that none of these programs have been
funded since FY 1995, and that two of them have never been
funded. This action is consistent with the Committee's
philosophy of focusing resources on the programs which are
providing the best results, and consistent with its
responsibility to set priorities for the Appropriations
Committee. The Committee notes that the services that would be
provided underthese programs to Indian youth and adults are
currently funded through other authorities, including parts of this
Act, the Higher Education Act, and through programs administered by the
Bureau of Indian Affairs (BIA).
The Committee has made significant reforms to programs for
Alaska Natives. Specifically, the Committee has consolidated
the three competitive grant programs serving Alaska Natives
into a single, more efficient and flexible program to improve
services.
In an effort to ensure that more of the money provided
reaches the classroom and serves the intended students, the
Committee has limited recipients of funding under Title III,
Part B, to using not more than 5 percent of the funding for
administrative costs. This is consistent with the philosophy
that a minimum of 95 percent of federal education funds should
reach the classroom.
The Committee has also eliminated the Native Hawaiian
specific programs formerly authorized under Title IX, Part B,
of the Elementary and Secondary Education Act. This action is
consistent with attempts to reduce duplication of effort and
focus scarce federal resources on those in greatest need. The
Committee's rationale for repealing these programs is the fact
that similar assistance is available to all students, including
Native Hawaiians, under programs such as Title I, the Gifted
and Talented program, Even Start, Special Education, the Higher
Education Act, and other, broader authorities. Unlike other
indigenous populations, Native Hawaiians have a trust,
established by the last Hawaiian princess, which exists solely
to educate Native Hawaiian children. The Bishop Trust is
currently one of the largest charitable trusts in the world,
valued in excess of $ 10 billion, and holds approximately 8
percent of all land in the State of Hawaii as well as a 10
percent share of Goldman Sachs. The Committee urges the Trust
to redouble its efforts to educate Native Hawaiian children.
The Committee also believes that these children should be given
the same opportunities afforded to all of our children under
the programs authorized in this and other acts.
Family Literacy Services
Family literacy is a very effective method of stopping the
cycle of illiteracy. It not only builds on the literacy skills
of parents, but it insures their children will have every
opportunity to succeed in school. Family literacy programs
throughout the United States assist parents in obtaining the
literacy and other skills they need to get a job, reduce their
dependence on public assistance, and most importantly, to be
their child's first and most important teacher. Family literacy
strengthens families. Recognizing this, the Committee has
included family literacy services as an allowable use of funds
under formula and competitive grant programs authorized under
Title III, Part B. The Committee was pleased to recognize the
success of the Family and Child Education (FACE) program
operated by the Bureau of Indian Affairs. Language included in
this legislation makes it clear that family literacy is a use
of funds in BIA operated programs. The Committee encourages the
BIA to expand the number of family literacy programs in order
to ensure positive outcomes for children and their parents.
Bureau of Indian Affairs Programs
The Committee is encouraged that progress continues to be
made among Indian students at schools funded by the BIA. The
Committee is pleased to note that the tribes and tribal
organizations continue to take increased control of the schools
that serve their children through contract or grant
arrangements with the bureau. The Committee recognizes that, if
given the chance, these entities, working with the parents of
Indian children, will do a far better job of improving student
academic achievement than any federal agency. The Committee is
also pleased with the continued growth in attendance at
institutions of higher education of Indian students. It is
estimated that current postsecondary enrollments are in excess
of 130,000. In considering this legislation, the Committee has
acted to increase local control of education, and to shift
responsibility and authority for education to tribes and tribal
organizations.
Currently, bureau funded schools are generally required to
meet rigid educational standards established by the bureau. In
an attempt to increase local control, this legislation allows
schools that choose to do so to become accredited by a tribal,
State or regional accrediting body and meet the standards of
accreditation rather than those imposed by the bureau. The
Committee has modified the section on standards in recognition
of the fact that bureau-funded schools have made substantial
progress in the last twenty years in their educational
programs. In contrast to 1978, when the Committee first acted
on this topic and fewer than 2 percent of bureau-funded schools
met accreditation standards, today, practically all schools
exceed such standards.
The Committee has also included a provision such that if
the criteria with respect to accreditation are observed, the
local school board and the administrator may choose the
standards to be applied. Standards are required to be at least
those necessary to meet State standards of the State or region
in which the school is located. This does not mean that these
standards must be the State or regional standards; rather,
State or regional standards would be used as a floor.
In addition, this legislation makes it clear that tribal
entities may improve and expand educational programs at bureau
funded schools using their own resources. The No Child Left
Behind Act of 2001 gives tribes a greater say in repair and
maintenance priorities; allows tribes to contract for training
services; increases tribal authority to pick service providers
for purchasing supplies; and gives tribes and local school
boards more flexibility in making school staffing decisions.
BIA inspectors will also be required to get a second opinion
from an independent source (with tribal input) before fully and
finally closing a BIA funded school for health and safety
violations.
In keeping with the philosophy of parental choice and local
control, the Committee has included a provision to give tribes
and parents of eligible students the choice of which bureau
funded school their children attend. In carrying out this
provision, the Committee expects the bureau's full cooperation
in assuring that funding follows the child.
The Committee remains concerned that, despite Congressional
direction, the bureau has never established a Division of
Budget Analysis within the Office of Indian Education Programs.
This legislation mandates the creation of this entity within
one year of the date of enactment of the No Child Left Behind
Act of 2001. Some are concerned that the bureau's budget
requests may not be sufficient to provide a quality education
for Native American students. Therefore, in addition to the
creation of the Budget Division, the Committee has provided
that the Comptroller Generalexamine the funding of these
schools in relationship to other comparable facilities, and examine the
criteria used by the bureau in developing its budget for education
programs.
The Committee has taken a number of actions to modify the
school boundaries provisions. All such actions are intended to
assure that schools take a proactive stance on identifying and
providing services to all Indian students in their geographic
service area.
Finally, the Committee greatly increased the consultation
required throughout these Acts. In considering future changes
to Indian education programs, the Committee expects that the
bureau will take into account the full range of views of all
interested parties, and will engage in a consultative process
prior to taking action.
TITLE IV, PART A--INNOVATIVE PROGRAMS
Subpart 1--State and Local Innovative Programs
Innovative Education Program Strategies (Title VI under
current law) is the most flexible program contained within the
Elementary and Secondary Education Act. It is the only formula
program that allows recipients to use funds to benefit any and
all student populations, in any and all schools. This program
is the ``innovation money'' needed to help schools implement
broad based accountability plans that are essential for
education reform.
There is ample evidence to demonstrate that this program is
meeting the unique needs of States and local school districts
as they implement innovative education reform efforts to
improve student academic achievement. Pursuant to the
requirements of the statute, the Title VI National Steering
Committee conducted an evaluation of the effectiveness of Title
VI for FY 1998. Forty-four States participated in the survey.
The national compilation of survey data summarizes the impact
of Title VI on over 19.1 million students in 5,247 public
school districts and nearly 1.4 million students in private
nonprofit schools. The survey, Title VI Evaluation of
Effectiveness, National Summary, 1998, notes that public school
districts, as well as private nonprofit schools, allocated the
majority of their Title VI finds for library services and
materials (including media materials). The second highest use
of funds was for computer software and hardware for
instructional use. The greatest benefit provided by the
flexibility of Title VI at the local level is the ability to
use funds to meet locally identified needs without the
restrictions inherent in most other federal education programs.
In an effort to increase local control and flexibility of
funds under the Innovative Education Program Strategies, H.R. 1
adds additional ``uses of funds'' to current law to broaden the
scope of the program for local educational agencies.
Professional Development
The bill provides for professional development activities
and the hiring of teachers, including activities carried out in
accordance with Title II that give teachers, principals, and
administrators the knowledge and skills necessary to provide
students with the opportunity to meet challenging State or
local academic content standards and student academic
achievement standards. Local educational agencies will now have
the flexibility to focus on initiatives they believe will
improve both teacher quality and student academic achievement,
such as programs to recruit principals and fully qualified
teachers; initiatives to promote retention of highly qualified
teachers and principals; programs to improve the quality of the
teacher force; teacher opportunity payments; professional
development activities to improve the quality of principals;
teacher advancement initiatives that promote professional
growth and emphasize differential pay.
Community Service
The No Child Left Behind Act of 2001 provides for community
service programs that train and mobilize young people to
measurably strengthen their communities through nonviolence,
responsibility, compassion, respect, and moral courage. The
Committee recognizes the accomplishments of the Do Something
organization in engaging students in community-building
activities in urban, rural, and suburban school districts
around the country. Do Something is a national nonprofit
organization that inspires young people to believe that change
is possible, and trains, funds, and mobilizes them to be
leaders who measurably strengthen their communities. The
Committee believes that the inclusion of increased community
service opportunities within the Elementary and Secondary
Education Act will help to strengthen schools and communities
across the nation.
Youth Entrepreneurship Education
H.R. 1 provides for curriculum-based youth entrepreneurship
education programs with demonstrated records of empowering
disadvantaged youth with applied math, entrepreneurial, and
other analytical skills. To be successful, it is the view of
the Committee that curriculum-based youth entrepreneurship
education programs should include organized academic materials
that are sequentially based and which have been field-tested
and based on sound educational practices. There is growing
evidence that innovative organizations and institutions working
to instill entrepreneurial behavior through classroom and
practical experiences highly effective in teaching some youth.
Financial Literacy Education
The No Child Left Behind Act of 2001 provides for
activities to promote consumer, economic, and personal finance
education. Such activities include disseminating and
encouraging the best practices for teaching the basic
principles of economics and promoting the concept of achieving
financial literacy through the teaching of personal financial
management skills, including the basic principles involved with
earning, spending, saving, and investing.
In order to succeed in our dynamic American economy, young
people must obtain the skills, knowledge, and experience
necessary to manage their personal finances and obtain general
financial literacy. Yet, despite the critical importance of
financial literacy to young people, the average student who
graduates from high school lacks basic skills in the management
of personal financial affairs. A nationwide survey conducted in
1997 by the Jump$tart Coalition for Personal Financial
Literacy, examined the financial knowledge of 1,509 high school
seniors. On average, survey respondents answered only 57
percent of the questions correctly and only fivepercent of the
respondents received a ``C'' grade or better. A similar survey
conducted in the spring of 2000 found financial skills declining among
12th graders, with an average of only 52 percent of the questions
answered correctly. As a result, many State educational leaders have
recognized the importance of providing a basic financial education to
students and have begun integrating financial education into State
educational standards.
Mental Health Services
Subpart 1 of Title IV, Part A allows States and local
educational agencies to use these funds to expand and improve
school-based mental health services, including early
identification, assessment, and direct individual or group
counseling services provided to students, parents, and school
personnel by qualified school-based mental health services
personnel. The Committee recognizes that LEAs may find that
school-based mental health services are a necessary and
appropriate component of improving student learning experiences
and outcomes.
In addition to expanding and improving school-based mental
health services, the Committee notes that local educational
agencies may use funds for eating disorder prevention,
awareness, treatment, and education programs. These types of
programs can be an effective way to improve the education,
health, and well being of students at-risk or suffering from
eating disorders.
The Committee also recognizes the continuing advancements
in brain science and its application to learning. Consequently,
it is the Committee's view nothing in this Subpart shall be
construed as limiting or preventing schools or local education
agencies to use funds under this Subpart to implement
scientifically based research programs that assesses and
develop the specific intellectual abilities of students to help
them learn more effectively in order to meet State academic
achievement standards.
Subpart 2--Arts Education
The Arts Education program (Title X, Part D under current
law) supports student competency in the arts by encouraging the
integration of arts education into elementary and secondary
school curricula. In its deliberations, the Committee has
focused on increasing the involvement of local arts educators
and State and local arts organizations, and on targeting
resources to the programs that are providing results. H.R. 1
updates and improves the program in a number of ways.
The Committee bill continues the Arts Education program at
its current funding level. It updates the congressional
findings with respect to arts education. In addition, H.R. 1
eliminates a number of outdated references to ``Goals 2000,''
``National Education Goals,'' and ``national efforts,'' and
instead focuses the program on improving school-based programs
using State academic standards.
Encouraging Local Participation and Increasing Local Control
The Committee bill maintains the current list of eligible
entities, and retains most of the current allowable uses of
funds. However, consistent with the Committee's philosophy of
increasing local involvement and local control, the focus of
collaborative activities allowed under the Act has been shifted
away from specific federal agencies and specifically named
organizations, to arts educators and arts organizations
including State and local arts agencies.
While this legislation does not specifically mention the
purchase of instruments or other supplies, H.R. 1 allows local
flexibility, and the Committee believes such purchases are
allowable in the event that local schools choose to use program
funds in this way.
H.R. 1 eliminates a restrictive special rule which has had
the effect of limiting involvement by individuals and local
organizations, and replaces it with a requirement that the
Secretary consult with arts educators (including professional
arts education associations), and organizations representing
State and local arts agencies involved in arts education when
making grants.
In taking these actions, the Committee highlights the
importance of consultation with the individuals and entities
that have the primary responsibility and accountability for
delivering a quality education in the arts. The Committee notes
that there are currently four professional associations
representing arts educators: MENC: the National Association for
Music Education; the National Art Education Association; the
American Alliance for Theater Education; and the National Dance
Education Organization. The Committee believes that the
Secretary, grant recipients, and ultimately America's children
will benefit from this consultative process.
Simplification and Flexibility
H.R. 1 eliminates an outdated funding threshold that
required in any year that appropriations for the Arts Education
program are below $9 million, all appropriated funds are to be
spent on programs operated by the Kennedy Center and VSA arts.
In taking this action, it is not the intent of the Committee to
increase or reduce federal funding to any specific entity.
Rather, the Committee's goal is to simplify the Act and
increase flexibility by eliminating a provision that is no
longer necessary or even in effect. The Committee notes that
funding for Arts Education has exceeded the $9 million
threshold in each of the four prior fiscal years. During that
same time, combined funding under the program for the Kennedy
Center and VSA arts has also grown beyond the $9 million
threshold.
The Committee eliminated the Cultural Partnerships for At-
Risk Children and Youth program. This program was created as a
separate Subpart 2 during the last reauthorization of the ESEA,
but has never been funded. This action is consistent with the
Committee's philosophy of targeting resources to the programs
that are providing the best results, as well as with its
responsibility to set priorities for the Appropriations
Committee.
Leveraging Funds
Finally, the Committee bill includes a new provision
stating that funds provided under this program must be used to
supplement and not to supplant non-federal funds used for arts
education programs. This provision was added after consultation
with arts educators who expressed concern that a few providers
might reduce their own efforts if or when federal funding
became available. It is the intent of the Committee that
initiatives provided for under thisprogram should complement
the ongoing efforts of schools and school districts across the country.
Subpart 3--Gifted and Talented Children
H.R. 1 continues the Jacob K. Javits Gifted and Talented
program (Title X, Part B under current law). The Committee
recognizes that ongoing research, model projects, and exemplary
programs are a necessary foundation for quality gifted and
talented education programming. The Committee also acknowledges
the importance of identifying gifted and talented students who
may not be identified and served through traditional assessment
methods; mentoring programs; modifications to curriculum;
acceleration; distance learning programs; dual enrollment;
teacher education; and other educational activities designed to
meet the needs of gifted and talented students.
title iv, part b--public charter schools program
The Public Charter Schools Program provides three-year
competitive grants for the planning, program design and initial
implementation of charter schools to those States that have a
State charter statute. Charter schools are nonsectarian public
schools. The ``charter'' establishing each school is a written
performance contract that provides publicly funded support for
the school for a specified period of time. The school's charter
gives autonomy over its operation and frees the school from
regulations that other public schools must follow. In exchange
for autonomy, charter schools are held accountable for meeting
the terms of their charters including increasing student
academic achievement. Currently, 37 States, the District of
Columbia and the Commonwealth of Puerto Rico have passed laws
authorizing charter schools.
The Committee strongly believes that charter schools embody
the principles of freedom and accountability, and empower
parents with the ability to seek out the best education
possible for their children. By allowing parents to make
decisions concerning their child's education, they encourage
parental involvement. Not only do charter schools encourage
academic achievement and parental involvement in their own
schools, but they also help traditional public schools to
improve. As a result of their freedom to innovate, charter
schools provide a valuable source for determining what reforms
should be replicated at other schools.
Since the 105th Congress passed the Charter Schools
Expansion Act of 1998 (P.L. 105-278), which authorizes the
Public Charter Schools program through FY 2004, the Committee
also believes that only five noteworthy modifications are in
order. First, H.R. 1 clarifies that the definition of a charter
school is, among other things, a public school that admits
students on the basis of a lottery or in another non-
discriminatory manner consistent with State law, if more
students apply for admission than can be accommodated.
Second, the bill adds new language prohibiting local
educational agencies from deducting funds for administrative
fees or expenses from a subgrant awarded to an eligible
applicant. The Committee notes that State educational agencies
may reserve not more than 5 percent of grants for
administrative expenses associated with the grant program.
States may use these funds for technical assistance to eligible
applicants and operating charter schools either directly, or
indirectly, through grants or contracts with charter school
resource centers, charter school associations or other charter
school support organizations. In some States, eligible
applicants and schools have found it beneficial to pool a
portion of their grants or subgrants to purchase or provide
technical assistance or other services provided by charter
school support organizations. In both cases, the Committee
believes the Department should be responsive to States and
schools wishing to exercise such discretion.
Third, H.R. 1 clarifies that an eligible applicant is the
actual charter school or school planning group. Applicants must
notify their sponsor or prospective sponsor of their interest
and submit an application, but a potential sponsor's approval
is not needed for an application to be considered. In some
States, districts are delaying, preventing or discouraging
planning groups and approved schools from applying for planning
and start-up grants. The Committee wishes to discourage such
action and believes that the Department should be responsive to
States wishing to exercise discretion and flexibility in
awarding planning grants to charter school developers, without
reducing their overall eligibility for start-up grants once the
schools actually open.
Fourth, Mr. Hoekstra (R-MI) successfully offered an
amendment in Committee, which clarifies that upon written
parental consent, a charter school or traditional public school
must transfer a student's records to a private school if that
student transfers from a charter school or a traditional public
school to a private school.
Finally, H.R. 1 removes outdated language authorizing a
multi-year study of charter schools that has already been
completed, leaving in place general authority to provide for
additional evaluations or studies pertaining to charter
schools. The Committee recommends that such evaluations or
studies include an examination of the extent to which charter
schools receive federal funding for which they are eligible.
The Committee also notes that the Secretary may use national
activities funding to provide information and technical
assistance to charter schools, either directly by the
Department or indirectly, through State educational agencies,
charter school resource centers, charter school associations or
other charter school support organizations.
title iv, part c--magnet schools assistance; women's educational equity
Subpart 1--Magnet schools assistance
The Magnet Schools Assistance Program (MSAP) provides
competitive grants to local educational agencies (LEAs) for
magnet schools that are designed to reduce, eliminate, or
prevent minority group isolation in elementary and secondary
schools, and to provide strengthened academic or vocational
programs for students. Magnet schools utilize a special
curriculum intended to attract students of different races. In
order to be eligible for a MSAP grant, a LEA must be
participating in a court ordered or voluntary desegregation
plan.
The Committee has made a number of revisions to the Magnet
Schools Assistance Program, while keeping the basic structure
intact. These revisions include an additional emphasis on
student academic achievement and a renewed focus on serving
magnet schools.
Specifically, H.R. 1 reinstates the program's commitment to
student academic achievement by stressing the need to reduce
minority group isolation in elementary and secondary schools,
and by strengthening the applications and requirements section
in relation to student academic achievement. In addition, the
bill allows MSAP funds to be spent on professional development.
As for renewing the program's focus on magnet schools, the
bill eliminates two outdated priorities and repeals the
Innovative Programs. However, any grant recipient that has an
agreement in effect under the Innovative Programs will continue
to receive funds through the end of the applicable grant cycle.
Subpart 2--Women's Educational Equity Act
H.R. 1 reauthorizes the Women's Educational Equity Act.
This program promotes gender equity in education and provides
financial assistance to enable educational agencies and
institutions to comply with Title IX of the Education
Amendments of 1972 (which prohibits sex discrimination in
educational programs and activities that receive federal
financial assistance). The program promotes educational equity
for women through competitive grants to public agencies,
private non-profits, individuals, and through dissemination of
materials by a national equity resource center. H.R. 1
authorizes the Secretary of Education to award two types of
grants: (1) to develop and implement gender equity programs;
and (2) to provide ``support and technical assistance'' in
areas such as teacher training and evaluation of exemplary
programs, as well as for research and development.
Title V--21st Century Schools
title v, part a--supporting violence and drug prevention and academic
enrichment
The Committee held several hearings during the 106th
Congress regarding the Safe and Drug-Free Schools and
Communities Act and the 21st Century Community Learning Centers
Act. These hearings examined the drug and violence prevention
needs of our nation's youth, both during school hours and out-
of-school hours. Predictably, the Committee found that drug and
violence prevention needs across the country varied, as did the
successes and shortcomings of drug and violence prevention
programs.
Current research shows that youth drug use and violence
remains a significant societal problem. Additionally, drug use
by youth increases the likelihood that a child will be
delinquent, engage in high-risk sexual activity, drop out of
high school, and commit theft, violence, and vandalism. Drug
use among rural youth is higher than that of youth in large
urban centers, and many of these rural youth abuse serious
drugs, including methamphetamine and cocaine. The National
Center on Addiction and Substance Abuse at Columbia University
(CASA) issued in January, 2000 a report, entitled No Place to
Hide: Substance Abuse in Mid-Size Cities and Rural America,
which found that eighth graders living in rural areas are 104
percent more likely to use amphetamines and 50 percent more
likely to use cocaine, than eighth graders in urban areas.
According to the CASA report, the health, social service, and
law enforcement agencies in rural communities are less equipped
to deal with youth drug use than their counterparts in urban
areas, which already have established drug prevention systems.
Regarding youth violence, schools may be one of the safest
places for youth to be, but students continue to report that
violence, gangs, and drugs are prevalent in some schools
(National Center on Education Statistics, Indicators of School
Crime and Safety, 2000). If students are using drugs,
committing violent acts, or are in fear of these behaviors,
then they cannot focus their attention on maximizing their
academic performance and their future opportunities. While the
purpose of schools remains academic, schools clearly must also
respond to the safety needs of students and communities. Drug
and violence prevention programs and activities are
increasingly necessary.
This is not to imply that the Committee believes schools
have the sole responsibility for preventing youth drug use and
violence. In fact, studies point to the role of the family as
the most important factor in preventing youth drug use and
violence. The National Longitudinal Study of Adolescent Health
(1997) found that drug and violence prevention programs that
incorporate ``protective factors'' tend to reduce drug use and
violence. Protective factors include a student feeling
connected to parents and family, having parents present at key
times of the day, having high educational expectations, feeling
part of the school, and having high esteem. The good news is
that this comprehensive survey of adolescent youth found that
the benefits of these protective factors reached beyond drug
and violence prevention to preventing such behaviors as suicide
and sexual activity among youth.
Promoting Coordination of Programs Under the Safe and Drug-Free Schools
and Communities Act and the 21st Century Community Learning
Centers Act
The Safe and Drug-Free Schools and Communities Act was
created as the nation recognized that it needed a concentrated
and united effort to prevent a generation from being lost to
drugs and violence. Congress created the act to assist local
schools in their efforts to ensure that every student attends a
drug-free and safe school, with the ultimate goal to help
students raise their academic performance and achievement.
Originally designed as a school-use facilities program for
individuals of all ages, the 21st Century Community Learning
Centers Act has evolved rapidly into an after-school program
with goals similar to those of the Safe and Drug-Free Schools
Act--youth drug and violence prevention. This transformation
occurred in large measure due to the Department of
Education's--during the Clinton Administration--absolute
priority on ``activities that offer significant expanded
learning opportunities for children and youth in the community
and that contribute to reduced drug use and violence.''
However, the interconnectedness of youth drug and violence
prevention and after school activities is not new. In a hearing
before the Subcommittee on Early Childhood, Youth and Families
on February 10, 2000, Dr. Marianne Kugler, Program Officer of
the C.S. Mott Foundation, stated,
During the Depression, Mr. Mott noticed the many
youth who spent their time on street comers and in
vacant lots playing ball, smoking, and sometimes
getting into serious trouble. At a suggestion from the
then-Assistant Superintendent, Dr. Manley, Mr. Mott
gave his first small community school grants to
encourage schools to stay open after regular hours so
that these youth would have somewhere to go.
The Committee believes the interconnectedness between youth
drug and violence prevention and after school activities must
not be ignored. The Committee acknowledges the findings of
reports such as the Departments of Education and Justice's Safe
and Smart: Making After-School Hours Work for Kids (June,
1998), that notes: ``First and foremost, after-school programs
keep children of all ages safe and out of trouble. The after-
school hours are the time when juvenile crime hits its peak,
but through attentive adult supervision, quality after-school
programs can protect our children.''
The report also points out that ``school-age children and
teens who are unsupervised during hours after school are far
more likely to use alcohol, drugs, and tobacco, engage in
criminal and other high-risk behaviors, receive poor grades,
and drop out of school than those children who have the
opportunity to benefit from constructive activities supervised
by responsible adults.''
Through its decision to bring the Safe and Drug-Free
Schools and Communities Act and the 21st Century Community
Learning Centers Act into the same title of the Elementary and
Secondary Education Act, the Committee seeks to encourage State
and local government officials, school administrators and
teachers, community and religious organizations, and parents
and students to work together to develop a unified approach to
youth drug and violence prevention and education efforts and to
improve the quality of these federally supported efforts. Only
by coordinating activities and defining goals can the full
benefits of federal funding be realized.
Safe and Drug-Free Schools and Communities Act
Title V of H.R. 1 maintains the federal funding formula for
the Safe and Drug-Free Schools and Communities Act. The bill
provides separate authorizations for the States and for the
Secretary of Education; $475,000,000 and $60,000,000 in FY 2002
respectively. The States receive funds through a formula grant
based 50 percent on the school age population of each State and
50 percent based on the amount each State receives under Title
I, Part A. Of the funds a State receives, the bill provides
that up to 20 percent may be reserved by the governor to fund
competitive grants to local educational agencies, community-
based organizations, other public entities and private
organizations who operate drug and violence prevention
programs. Unlike current law, governors will no longer be
required to spend a portion of their funds for law enforcement
education partnerships such as Project Drug Abuse Resistance
Education (DARE). While maintaining such programs as an
allowable use of State funds, the Committee seeks to increase
the flexibility of States and governors to fund programs they
expect to be successful for their populations.
H.R. 1 also authorizes the State to reserve up to one
percent of the federal grant for administrative expenses and
four percent for State activities including planning,
development, and implementation of capacity building, technical
assistance, evaluation, program improvement services, and
activities promoting the coordination of services among local
educational agencies as well as data collection.
The remainder of the funds must be sent to local
educational agencies by formula. The formula reflects the
Committee's desire--evident throughout H.R. 1--to target
federal resources to schools with high proportions of low
income students. The Committee does not intend to imply that
drug abuse and violence are only persistent at such schools.
Instead the Committee seeks to assist local educational
agencies that tend to have more difficulty accumulating
financial resources than more affluent areas.
The State-to-local formula is based 60 percent on Title I
funds and 40 percent on population. In order to receive funds,
a local educational agency must submit an application to the
State which includes a detailed explanation of the LEA's drug
and violence prevention plan, including how it will support
academic achievement, be coordinated with other drug and
violence prevention programs, and be targeted to serve the
schools and children with the greatest needs for drug and
violence prevention programs. The Committee has also asked
local educational agencies to develop performance indicators
tied to the Principles of Effectiveness (see below) to ensure
that programs funded under this part produce results. Local
educational agencies will also be required to have a student
code of conduct policy in place in order to receive a grant.
The funds received by the local educational agencies may be
used for a variety of drug and violence prevention activities
(up to one percent may be used for local administrative
expenses). Authorized activities include drug and violence
prevention programs tailored to the academic and developmental
level of the targeted children; prevention training for parents
and school personnel; law enforcement and security activities;
mental health services; activities that reduce truancy,
suspensions, and expulsions; and emergency intervention
services following traumatic crisis events. Additionally, the
Committee has included language which will promote public
information about the safety of local schools and allow those
students trapped in unsafe schools to attend another public
school which is safe. Specifically, States are required to
develop, in consultation with a representative sample of local
educational agencies, a Statewide definition of ``persistently
dangerous schools''. Students who attend schools that meet the
definition of ``persistently dangerous schools'' must be
allowed to transfer to a safe public school. The local
educational agency must also cover reasonable transportation
and tuition costs for students who exercise the option of
transferring. In addition to students who attend ``persistently
dangerous schools,'' any student who is the victim of a violent
criminal offense while their school would also have the right
to attend another safe public school.
Mental Health Services
The Committee has done much to address the mental health
needs of youth. The Committee believes that the primary purpose
of schools is to further student academic achievement and that
schools should not be held responsible for providing mental
health services. Nevertheless, the Committee does recognize
that some schools and communities may find it appropriate and
necessary to provide mental health services to students. This
is a local choice and not a requirement to be imposed upon
schools. In order to assist youth in need of mental health
services, the Committee has maintained the provision allowing
funds to be used for counselingservices. To address the growing
mental health needs of youth, the Committee has added a provision
allowing funds to be used to expand and improve school based mental
health services. Effective mental health services help to reduce
classroom disruptions, deter students from delinquent behavior, and
help students avoid distraction from learning. These provisions fit
nicely with the counseling provisions in Title V, Part A (the Fund for
the Improvement of Education) that support best practices in elementary
and secondary school counseling demonstration projects.
The Committee included a definition of school-based mental
health services providers in Title V. While some have called
for the federal government to set a national professional
qualifications standard for school-based mental health services
providers, the Committee does not find that appropriate.
Instead, the Committee prefers to allow State law to determine
what professional qualifications are necessary to provide
school-based mental health services. Leaving this decision to
State law will allow local communities to provide the
appropriate range of services for youth by appropriate
providers.
21st Century Community Learning Centers Act
The 21st Century Community Learning Centers Act has proven
to be one of the most popular programs among school
administrators and educators. The flexibility in focus,
funding, and administrative requirements allow those with the
greatest understanding of community needs to design programs
that meet those needs. While the Committee did receive
testimony which raised some questions about the program, the
vast majority of 21st Century programs are popular and
effective. The Principles of Effectiveness (see below) included
in this Subpart are likely to improve results further.
The 2lst Century program was created as a grant program
administered directly by the U.S. Department of Education.
Local educational agencies wishing to receive a grant applied
directly to Washington. This detached process has the potential
to reduce the quality of programs and, despite legislative
direction, skew the distribution of funds among the 50 States
as well as among rural, suburban, and urban populations. In
order to drive decision-making processes back to States and
local communities, the Committee charges States with
distributing funds under this Subpart through competitive grant
programs run by State educational agencies. The Committee would
encourage Congressional appropriators to allow States to
administer grants and would discourage the continued practice
of earmarking funds for specific grantees in annual
appropriations legislation. Only by allowing all applicants to
compete fairly, without the intervention of Congress in the
application process, can we ensure that quality programs will
be supported.
The Committee wants to acknowledge significant
contributions by the private sector to this program. For
example, the Charles S. Mott Foundation in Flint, Michigan has
invested significant financial resources in providing technical
assistance and training to grantees and prospective grantees
under this program. The Committee encourages continued and
additional private sector support for this program.
The Committee also provides additional flexibility to the
competitive grant process and to grant recipients in operating
their programs. Under current law, the Department of Education
is allowed to make grants only to local educational agencies.
H.R. 1 authorizes grants to ``community-based organizations,
and other public entities and private organizations'' as well
as local educational agencies. Under H.R. 1, States will also
have the authority to determine the length of the grant as long
as it exceeds three years, but is not more than five. Under
current law, all grants are three year grants. Finally, States
will be authorized to require grant recipients to match the
State grant. The Committee has included limits on what a State
can require a grantee to contribute, which protects grantees
with limited resources or who propose to serve communities with
significant need. Significantly, under no circumstances may a
State discriminate against a grant applicant because of the
applicant's inability to provide matching funds. The matching
fund requirement will allow States, in some circumstances, to
enhance the resources supporting local programs.
Maintained in the 21st Century Community Learning Centers
program is its emphasis on community consultation and
involvement. H.R. 1 strongly encourages meaningful consultation
with the community over the needs that should be addressed by
the 21st Century program. Included as part of this effort
should be consultation with business, school and community
officials.
Grant recipients will also find additional flexibility in
the 21st Century Community Learning Centers program under H.R.
1. Grantees will have more flexibility in designing their
programs to meet local needs. Under current law, grantees are
required to include at least four different activities
enumerated in the law in their programs. While the intent was
to ensure that the programs met a variety of community needs,
the Committee believes the changes made by H.R. 1 will better
focus programs on needs they can properly address.
Under H.R. 1, grant recipients will be required to simply
establish or expand community learning centers that provide
extended learning opportunities and additional recreational
activities to students. In order to provide direction to grant
recipients, the Committee has included a variety of authorized
activities including remedial education activities; math,
science, arts, entrepreneurial, or technology education
activities; recreational activities; mentoring and tutoring
services; expanded library hours; programs that promote
parental involvement; and programs that provide assistance to
students who have been truant, suspended, or expelled. The
authorized activities included in the legislation are not
intended to be an exhaustive list of allowable uses under the
21st Century Community Learning Centers program. Any program
that provides extended learning opportunities to students,
meets community needs, and is focused on academic activities
that help children meet State academic content standards are
encouraged and allowed.
Principles of Effectiveness
The Committee included in H.R. 1 ``Principles of
Effectiveness'' to guide the implementation of programs in the
Safe and Drug-Free Schools and Communities Act and the 21st
Century Community Learning Centers Act. These principles are
similar to those being implemented through Department guidance
for the Safe and Drug-Free Schools and Communities Act since
1998. The Principles of Effectiveness establish a basic set of
considerations for a school orcommunity to make when
determining their needs under Title V programs. First, the school or
community must assess the problems among youth, the current prevention
strategies targeting youth, and the academic achievement of youth.
Second, the Principles call for any program or activity to be based on
performance measures for a drug free and safe learning environment or
ensuring the availability of quality extended learning opportunities.
Third, each program or activity must be based on scientifically based
research that provides evidence that the program will have effective
outcomes. Finally, the program or activity must undergo a periodic
evaluation of effectiveness.
The Principles of Effectiveness promote best practices in
programs and activities funded under this Title. Codifying
these principles is essential to encouraging improvements in
the program quality. In its request for public comment on July
16, 1997, the Department of Education gave a very succinct
rationale for why the Principles should be adopted. It wrote,
``The administration also has a responsibility to promote the
most effective possible use of these limited resources, which
in many instances are the only funds available to local schools
to address their youth drug and violence problems.''
The definition of scientifically based research requires
that a program satisfy several elements of quality research,
including that the program be tested though ``rigorous,
systematic, and objective procedures to obtain valid knowledge
relevant to youth drug and violence prevention activities and
programs.'' The definition of scientifically based research and
the rigorous, but attainable, standard it sets are essential to
ensuring program quality under Title V, and will have the
greatest impact on improving the quality of these programs
implemented in local schools and communities.
While some may be concerned that this definition sets a
standard that all but a few programs will fail, the evidence is
to the contrary. In just one project, ``Science-based Practices
in Substance Abuse Prevention: A Guide,'' developed by the
Center for Substance Abuse Prevention (CSAP) in the Substance
Abuse and Mental Health Services Administration, at least 75
programs of youth drug and violence prevention, including
before and after school activities, were found to meet the high
standards of ``scientifically based research.'' These are not
the only programs that fit this standard. In another project,
CSAP reviewed program outcomes and evaluations in order to
determine whether the program is worthy of inclusion in the
National Registry of Effective Prevention Programs. The
Committee concludes that schools and communities should not be
concerned about a lack of quality model programs.
The Committee also recognizes that innovation in youth drug
and violence prevention programs and activities must be
encouraged and supported. For this reason, the Committee
included a waiver to the scientifically based research
requirement. Grantees may apply to the State for a waiver of
the scientifically based research requirement ``to allow for
innovative activities or programs that demonstrate substantial
likelihood of success.'' The Committee intends that waivers be
used to encourage the development of new approaches to youth
drug and violence prevention. While a State should provide
waivers to worthy programs, it should also require that
programs receiving waivers undergo scientifically based
research evaluation in order to judge the quality of the
program in future funding applications.
The Committee believes that consideration of factors
presented in studies such as the National Longitudinal Study of
adolescent Health can greatly assist local schools in their
development of innovative approaches to youth drug and violence
prevention. That study, cited in the Journal of the American
Medical Association of September 10, 1997 (pp. 823-32),
provides information on the characteristics of students who
successfully avoid drugs and violence and the characteristics
of those who do not. This scientifically based study is nation-
wide and ongoing, ensuring an up-to-date, comprehensive view of
the health of our nation's youth. Schools can use information
such as this when they consider the needs of their students and
how to design the best prevention program for their students.
The Safe and Drug-Free Schools and Communities Act programs
and activities have a history of questionable effectiveness. To
begin with, the Act has suffered from a lack of program
evaluation. The General Accounting Office, reporting on the
lack of evaluation information in October of 1997, stated that
the ``lack of uniform information on [Safe and Drug-Free
Schools and Communities Act] program activities and
effectiveness may, however, create a problem for federal
oversight.'' (Safe and Drug-Free Schools: Balancing
Accountability with State and Local Flexibility. GAO/HEHS-98-3)
Other researchers have found that the Act has been poorly
implemented. An evaluation of Safe and Drug-Free Schools and
Communities Act programs found that few schools implemented
programs proven effective through research, and that few had
even evaluated the effectiveness of the programs they were
using (E. Suyapa Silvia and Judy Thorne, School-based Drug
Prevention Programs: A Longitudinal Study in Selected School
Districts, Research Triangle Institute, Research Triangle Park,
NC, 1997). The reasons found for not implementing quality
programs include lack of sufficient funds, heavy marketing of
poor prevention activities, and lack of adequate teacher
training to properly implement programs.
National Activities
The Committee purposefully rewrote the Secretary's national
programs authority from the current Safe and Drug Free Schools
and Communities Act. In Title V, the Secretary's program
authority is narrowly focused on those activities for which
States and local educational agencies have reported needing
assistance. These activities must fall within scientifically
based evaluations of prevention programs, assistance in
dissemination of drug and violence prevention information, and
technical assistance to States, local educational agencies, and
other grant recipients.
Throughout H.R. 1, the Committee has sent a greater
percentage of funds and more program authority down to the
local level. Title V is certainly no different. The Committee
believes that the federal government can provide assistance in
youth drug and violence prevention, but the responsibility for
establishing prevention programs and setting priorities for
prevention programs should remain at the local level. This
philosophy supports a locally created drug and violence
prevention effort, rather than a nationally driven agenda and
related initiatives.
H.R. 1 takes a constructive approach toward preventing hate
crimes and prejudice and intolerance. It allows local funds to
be used for promoting positive behaviors in students.
Specifically, it allows funds to be used for activities and
programs regarding character education, including teaching
honesty, citizenship, courage, justice, respect, personal
responsibility, and trustworthiness. Additionally, funds may be
used to develop education programs that prevent school-based
crime, including preventing crimes motivated by hate. In
addition, the Committee specifically prohibits any programs or
publications that abridge or infringe upon the constitutionally
protected rights of free speech, religion, and equal
protection.
Gun Free Schools Act
The Committee retains the current Gun Free Schools Act
requirements. Current law requires a State that receives
federal ESEA funds to have a State law requiring local
educational agencies to expel for a year a student who brings a
gun to school. H.R. 1 makes minor changes to the Gun Free
Schools Act. It eliminates the section that requires the
Secretary to disseminate policy guiding the implementation of
the Act and its connection to the Individuals with Disabilities
Education Act (IDEA). Additionally, it codifies the current
practice of exempting home schools from the Act, by stating,
``The term ``school'' does not include a home school,
regardless of whether a home school is treated as a private
school under State law.'' Finally, the Committee has
incorporated the suggested clarifications included in a report
on the implementation of the Gun Free Schools Act by the U.S.
Department of Education's Office of the Inspector General.
Definitions
It has been brought to the Committee's attention that some
schools believe they cannot use current Safe and Drug Free
Schools and Communities Act funds for activities to prevent the
use of inhalants. This is a mistaken belief. The Committee
intends that schools continue to have the ability to use Title
V funds for activities to prevent the use of inhalants.
Communities across the nation are facing a growing problem of
youth using inhalants. Because they are uncontrolled, common
household products, inhalants are easily accessible by youth.
Coupling this with the lack of knowledge of the deadly effects
of inhalant use results in a dangerous situation. The Committee
urges schools and communities to add inhalant use to their drug
and violence prevention programs and activities.
Second, the Committee has included in the term ``drug and
violence prevention'' a reference to before and after school
activities and continuing education activities. These are
``educational activities for individuals of all ages in the
community that operate with a goal of drug and violence
prevention in the school or community.'' The Committee notes
that this definition is key to understanding how it intends
before and after school programs and continuing education
activities to operate in the context of drug and violence
prevention.
Third, the Committee wishes to clarify that the term
``school personnel'' includes school bus drivers because it
includes ``other support staff who are employed by a school or
who perform services for the school on a contractual basis.''
Student drug use and violence is not confined to the school
building, and can easily occur while students are on the school
bus traveling to and from school. The Committee encourages
schools to include school bus drivers in their drug and
violence prevention strategies and training.
Wrong and Harmful Message
The Committee has become aware that some local schools, in
implementing their drug prevention activities, are not
conveying the message that ``the use of drugs is wrong and
harmful.'' For instance, the Committee has reviewed an article
published February 26, 2000 in the San Diego Union-Tribune
reporting that a program funded under the Safe and Drug-Free
Schools and Communities Act teaches that ``drugs are likely to
remain a part of American culture and the key measure of
success of any drug education program should be a reduction in
drug problems, not abstinence.'' The Committee strongly
disagrees with this perspective. Students need clear and
consistent messages that teach them to resist drug use because
the use of drugs is wrong and harmful. Students are not well
served by confusing messages. To remedy this situation, the
Committee has included in the governor's application and the
local educational agency application a requirement to provide
an assurance that drug prevention programs and activities
funded under the Safe and Drug-Free portion of Title V convey a
``clear and consistent message that the use of drugs is wrong
and harmful.''
Parental Consent
H.R. 1 also requires a local educational agency, upon
written notification from a student's parent, to withdraw the
student from any program or activity funded under the Safe and
Drug-Free part of Title V. Under the amendment, the local
educational agency must make reasonable efforts to inform
parents of the content of non-classroom instruction funded
under Title V. The Committee believes that with the variety of
activities a school can implement under Title V, including
services such as mental health services, that it is wise to
ensure that parents are aware of the services a child receives
and has the option of withdrawing there child from such
programs.
TITLE V, PART B--ENHANCING EDUCATION THROUGH TECHNOLOGY
The Committee firmly believes that technology can be a
powerful means for improving student academic achievement. In
fact, States and local school districts are already
experimenting with promising technology programs--everything
from online research to distance learning. The Committee
believes that such innovation should be encouraged by the
federal government and bolstered by federal funding. However,
the Committee also believes that technology is not a means unto
itself, and that it needs to be fully integrated into the
curriculum in order to increase student academic achievement.
According to the General Accounting Office, there are 35
federal programs spread across eight federal agencies that may
be used as a source of support for telecommunications and
information technology in schools and libraries. Unfortunately,
despite the significant increase in the number of educational
technology programs, little has been learned as to what works
and what doesn't. Moreover, according to a recent survey by the
National Center for Education Statistics, only 20 percent of
American teachers feel prepared to use new computer
applications and know how to integrate them into their teaching
and classrooms.
Great strides have been made to ensure that schools have
access to technology and the Internet, but clearly more needs
to be done, especially in the most disadvantaged communities.
Similarly, as technology has begun to play a larger role in
schools, more attention has been paid to the fact that teachers
need to be given proper training in how to best use technology
in teaching. National, State and local educational technology
efforts have begun shifting in the direction of preparing
teachers in using this new tool, but as the Web-Based
Commission and others have pointed out, more needs to be done.
To help further the effort to integrate technology into
teaching, make sure teachers know how to use technology in
their teaching, and increase access to technology, the
Committee has made several significant changes to the current
technology programs under the Elementary and Secondary
Education Act (ESEA).
Increasing Flexibility at the Local Level
One of the most noteworthy changes is the consolidation of
all the existing ESEA technology programs (except for Ready-To-
Learn Television and the Telecommunications Program for
Mathematics) into a single performance-based grant program that
sends more money directly to schools. These consolidated
programs include the Technology Literacy Challenge Fund, the
Local Innovation Challenge Grants, Regional Consortia,
Technology Leadership Activities, Preservice Teacher Training
in Technology, Community-Based Technology, and Star Schools.
With a single performance-based technology program, schools
will no longer have to submit multiple grant applications to
obtain education technology funding. In addition, the funds
will no longer be segmented so that comprehensive education
technology strategies will be easier to implement.
With the funds provided under this title, schools will have
the ability to focus on projects and initiatives which best
meet their particular needs within a framework established by
States. This recognizes the fact that every school district is
at a very different level in its use of technology in the
classroom. While some schools have just begun to acquire
computers, others will choose to focus these funds solely on
ensuring teachers have the skills and support necessary to
effectively use technology. The Committee believes the
flexibility provided under the Enhancing Education Through
Technology initiative is significant because it recognizes
these differing needs.
Improving Student Academic Achievement
The Committee believes that if technology is properly
integrated into the classroom, it can greatly enhance the
degree to which curricula and instruction are engaging and
individualized. This type of integration provides real-time and
real-world content and exploration, and promotes student
collaboration and problem solving. It also encourages students
to become technologically literate, a crucial skill in the 21st
Century.
For example, in 1990, West Virginia implemented the first
stages of the Basic Skills/Computer Education (BS/CE) program.
Their success is often cited as the primary example of how
technology--when implemented with the right focus--may have the
potential to improve student academic achievement.
A 1999 study commissioned by the Milken Exchange on
Education Technology, entitled ``The West Virginia Story:
Achievement gains from a Statewide comprehensive instructional
technology program,'' found several positive aspects of the BS/
CE initiative. In particular, the study found that ``the more
students participated in BS/CE, the more their test scores rose
on the Stanford 9.'' The report also found the, ``BS/CE was
more cost effective in improving student achievement than (1)
class size reduction from 35 to 20 students, (2) increasing
instructional time, and (3) cross age tutoring programs.'' One
of the main reasons cited for West Virginia's success was the
program, ``clearly articulated goals focused upon increased
student achievement in reading, mathematics and composition.''
Enhancing Education Through Technology draws from the
success in States like West Virginia by ensuring the first and
foremost focus of these funds is to implement technology for
the purpose of improving student academic achievement.
Specifically, States and local school districts receiving these
funds must include in their plans a description of how funds
will be used to improve student academic achievement. In
addition, State and local funds may be used for developing and
implementing enhanced performance measurement systems in order
to determine the effectiveness of technology in improving
student academic achievement.
The Committee also recognizes the ability of schools to use
these funds for projects that focus on core academic subjects,
along with components that may include practical applications
of those subjects. This Part also includes funds for the
Secretary of Education to conduct a much needed independent,
long-term study, utilizing scientifically based research
methods and control groups, on the effectiveness of the uses of
educational technology on improving student academic
achievement. The Committee urges the Department to consult with
appropriate agencies, such as the National Science Foundation,
in conducting this evaluation.
Increasing Access to Technology
The nationwide increase in access to technology has been
significant. In 1994, just 35 percent of schools had Internet
access but, by 1999, this had risen to 95 percent. This high
percentage held true even in schools where more than 70 percent
of the children received free or reduced price school lunch.
During this same period, the percentage of instructional rooms
with Internet access increased from just three percent to 63
percent. Additionally, the student-per-computer ratio dropped
from 12 to just nine. However, in both of these indicators,
schools in the highest poverty areas were far less likely to
have computers in every room (just 39 percent) and the student-
per computer ratio remained relatively high at 16 to one
(National Center for Education Statistics, ``Internet Access in
U.S. Public Schools and Classrooms 1994-99,'' February 2000).
These figures indicate that although there have been
tremendous gains over the past several years in expanding
access to technology, students in the poorest school districts
are still lagging far behind the national average. It is for
this reason that the Enhancing Education Through Technology
initiative's new performance-based grant program targets funds
to those schools with the greatest need.
At the federal level, 95 percent of the consolidated funds
are provided to the States through a formula based 50 percent
on the State's school age population and 50 percent on Title I.
The Secretary may spend the remaining five percent on
evaluations, technical assistance, and programs of national
significance. At the State level, States may spend five percent
on activities such as providing technical assistance and
funding innovative programs. From the remainder of the State's
allocation, 95 percent of the funds are to be directed to local
educational agencies. Of the total funds going locally, 60
percent is distributed through a State formula based 100
percent on Title I, while the remaining 40 percent is
competitively distributed by the State. Funds may be used for
increasing access to technology (particularly in high-need
schools), improving teacher professional development in
technology, and/or promoting innovative State and local
initiatives that use technology to increase student academic
achievement. Under the current program, nearly 42 percent of
funds are awarded through a grant process by the Secretary as
opposed to a formula for all States.
This targeting of funds is a departure from the current
practices under the two major ESEA technology grant programs. A
recent GAO study (U.S. General Accounting Office, GAO/HEHS-00-
55, Education Discretionary Grants: Awards Process Could
Benefit from Additional Improvements, March 2000), reported
that of 20 current grants under the Technology Innovation
Challenge Grant program, none had been reported as being
awarded to grantees with greater than 51 percent poverty. In
addition, the Department of Education reported in its recent
program performance report, that only 27 States reported
awarding 66 percent or more of their FY 97 funds under the
Technology Literacy Challenge Fund (TLCF) to districts they
designated as high-poverty (U.S. Department of Education Volume
II--Individual Programs: 1999 Performance Reports and 2001
Plans, March 2000, Washington, D.C.). The Enhancing Education
Through Technology initiative will ensure more funds get to the
schools that are most in need of obtaining and using education
technology.
Using Technology to Increase Access to Rigorous Coursework
An important use of funds under this program is to give
students access to the highest quality teachers and courses
possible, regardless of where in the State the students live.
Using distance-learning technology, many communities are
already reaching beyond the walls of their local schools to tap
the best talent and curriculum the State has to offer. The
Enhancing Education Through Technology initiative recognizes
the impact this is having around the country, but also the
potential to reach even more students, and makes funds
available under this part for such technology.
Students may be limited in their choice of course offerings
due to geographic remoteness, or simply a lack of resources at
their school to offer challenging courses. In this age of
advanced technology and interconnectivity, no child should have
to settle for not having access to advanced placement (AP)
courses or advanced mathematics, science, or other courses
simply because they live in a remote or rural community, or in
a poor school district. Often, lack of access to these rigorous
courses can determine the likelihood of going on to college.
Distance learning technology can bring in the best teachers and
courses from any part of the State, and help schools. The
Committee encourages the use of computers, video conferencing
technology, and other distance learning technology to increase
access for all students to the best teachers and curriculum a
State has to offer.
Enhancing Professional Development in Technology for Teachers
The Committee believes that the teachers themselves must
feel comfortable with the technology at hand, and until they
do, further expenditures in technology are, by and large,
misplaced. For this reason, under the Enhancing Education
Through Technology initiative, local school districts are
required to use at least 20 percent of their funds from a given
grant, to provide--
. . . sustained and intensive, high-quality
professional development, based on scientifically based
research, in the integration of advanced technologies
(including emerging technologies) into curriculum and
in using those technologies to create new learning
environments . . . which effectively prepare students
to meet challenging State academic content and student
academic achievement standards.
Protecting Students From Harmful Material on the Internet
The Committee strongly believes that it would be
irresponsible not to require blocking or filtering technology
if a local educational agency or school chooses to use ESEA
funds for Internet access under this part. The goal of this
particular part is to provide technology to schools in order to
improve student academic achievement, not to expose students to
pornographic images and other harmful materials.
Therefore, the Enhancing Education Through Technology
initiative maintains the current legal requirement that
recipients of funds must have technology in place for the
protection of minors, to filter or block obscenity, child
pornography, and material that is harmful to minors. For
adults, recipients of funds must have in place technology to
filter or block obscenity and child pornography. It also allows
ESEA technology funds to be used for the purchase of blocking
or filtering technology.
Ready To Learn, Ready To Teach
During the mark up of H.R. 1 in Committee, Mr. Fletcher (R-
KY) successfully offered an amendment, co-sponsored by Mrs.
Roukema (R-NJ) and Mr. Wu (D-OR), to restore the ``Ready To
Learn Television'' program under a new Subpart in Title V
entitled ``Ready To Learn, Ready To Teach.'' The Ready To Learn
Television program authorizes the Secretary to award grants to
or enter into contracts or cooperative agreements with
nonprofit entities (including public telecommunications
entities) to develop, produce, and distribute educational and
instructional television programming and support materials for
preschool and elementary school children and their parents.
Under this Subpart, the Secretary is required to fund the
Ready To Learn Television program and may also fund the
development of digital content and a national
telecommunications-based program to improve the teaching of
core academic subjects (similar to that of the
Telecommunications Demonstration Project for Mathematics). The
amendment also includesnew language, which ensures that an
eligible entity must have the capacity to negotiate contracts in a
manner that returns to the program an appropriate share of any
ancillary income from the sales of any program-related products.
TITLE V, PART C--CHARACTER EDUCATION
With the growing concern for the safety of students and
teachers in our schools, many have looked to character
education in the schools as a solution. Making appropriate and
good choices in life relies upon a strong character, yet some
children do not get much guidance or support for character
development. Supporting the ethical, social, and emotional
development of children will help to create better schools and
a more compassionate and responsible society.
Research indicates that character education can help to
improve behavior and academic achievement. A University of
Illinois study of four schools using the ``Positive Action''
character development program found that the average number of
incidents requiring disciplinary referral dropped by 74 percent
after one year, and achievement scores improved by an average
of 28 percentage points. Standardized test scores of students
exposed to the ``Responsive Classroom'' program, which
emphasizes good character, increased 22 percent on average,
versus just three percent for students not participating in the
program. A 1997 study demonstrated that students trained in
``Second Step,'' a character-based violence prevention program,
used less physical aggression and engaged in more pro-social
interactions than peers who were not exposed to the character
curriculum.
Although character education has traditionally been a
component of American education, the number of schools
specifically teaching it has increased over the past few years.
More than 70 percent of States support character education
through federally funded pilot programs or legislative
measures. Federal funding for character development programs
totaled about $9 million in gants for States or districts for
fiscal year 2001. In addition, current federal regulations
limit the number of States that can receive grants each year to
10.
H.R. 1 removes the limit of 10 character education grants
per year and the maximum award of $1 million to States, and
instead authorizes the Secretary to make up to five-year grants
to States, LEAS, or consortia of educational agencies for the
design and implementation of character education programs.
Under current law, character education programs are authorized
as part of a group of programs under the Fund for the
Improvement of Education. H.R. 1 authorizes character education
as a separate, stand-alone program at $25 million (nearly
tripling the amount of current funding).
Specifically, H.R. 1 authorizes the Secretary of Education
to award grants to State educational agencies, local
educational agencies, or a consortia of such agencies for the
design and implementation of character education programs that
can be integrated in State academic content standards and can
be carried out in conjunction with other educational reform
efforts. Each agency or consortium may contract with outside
sources, including institutions of higher education and private
and nonprofit organizations (including religious
organizations), for assistance with evaluation, developing
secular curricula, and integrating secular character education
into the curriculum and teaching methods. H.R. 1 ensures that
decisions about character education and curriculum are made at
the local level and involves individuals who have daily contact
with students. In developing local character education
programs, each recipient of assistance must take into
consideration the views of the parents of students when
selecting elements of character that will be taught under the
program. Elements of character selected under the program may
include the following: trustworthiness, respect,
responsibility, fairness, caring, citizenship, and giving.
The Committee supports the efforts of President Bush to
improve the academic achievement of our nation's youth and his
plan for improving our student's character. As Governor Bush
noted in 1999, ``Yes, we want our children to be smart and
successful. But even more, we want them to be good and kind and
decent. Yes, our children must learn how to make a living. But
even more, they must learn how to live, and what to love.
`Intelligence is not enough,' said Martin Luther King, Jr.
`Intelligence plus character--that is the true goal of
education.'''
TITLE V, PART D--ELEMENTARY AND SECONDARY COUNSELING PROGRAMS
During Committee consideration Mrs. Roukema offered an
amendment, which was adopted, to reauthorize the Elementary
School Counseling Program, currently located in Title X of
ESEA. The amendment authorized such sums as necessary to carry
out the program in which the U.S. Department of Education makes
grants directly to local educational agencies to increase the
access of students to qualified school-based mental health
professionals.
TITLE V, PART E--MENTORING PROGRAMS
During Committee consideration, Mr. Osborne offered a
``Mentoring for Success'' amendment, which was adopted, to
encourage schools and communities to be involved in the
formation of mentoring programs. The amendment creates a new
federal program for competitive grants from the U.S. Department
of Education to local educational agencies, community-based
organizations, or partnerships of the two. All the funding goes
to the local level for local decision-making.
Research proves that mentoring works. Evaluation research
completed by Public/Private Ventures scientifically
demonstrated what most of us know through experiences--that
mentoring dramatically improves the lives of children. Youth
with mentors are 46% less likely to begin using illegal drugs,
52% less likely to skip school, and 33% less likely to get into
fights. Students with mentors reported greater confidence in
their performance at school and better relationships with their
families. In the United States, about 14 million youth under 18
are defined as ``at risk'' of getting into trouble and in need
of a caring adult in their lives. However, today there are only
approximately 500,000 youths in mentoring relationships.
Title VI--Impact Aid
During the 106th Congress, the Impact Aid Reauthorization
Act of 2000 was enacted as part of the Floyd D. Spence National
Defense Authorization Act for fiscal year 2001. Substantial
changes were made to the Impact Aid program in this
reauthorization act. However, after the bill was enacted into
law (P.L. 106-398) new data and information was received that
revealed some of the changes implemented did not serve their
fully intended purpose. H.R. 1 includes thetechnical changes
needed to correct these oversights as well as technical corrections to
the Impact Aid construction program.
Technical Changes to Section 8002 (Payments for Federal Acquisition of
Real Property)
As enacted in the 106th Congress, the bill established a
new ``hold harmless'' formula for distributing funds to
eligible school districts. Recipients of funds under Section
8002 supported this formula change. After enactment, the U.S.
Department of Education received information that more recent
assessments indicated that the new formula would not provide
the intended equitable distribution of funds. Therefore, the
Committee has included a small modification to current law that
will ensure that school districts of all sizes receive a fair
share of funds under Section 8002.
The formula in Section 8002(h) [Payments With Respect To
Fiscal Years when there are Insufficient Appropriations]
provides a foundation formula that will insure that small-rural
school districts are not unfairly discriminated against when
pro-rating funds under subsection (h). In both the second tier
of the formula that distributes a portion of funds to 1995
recipients, and in the second half 4(B) of the last tier that
distributes a portion of funds to all recipients, payments are
based upon the proportion that a district's assessed value of
its federal property is to the ``total eligible national
assessed value of the eligible federal property'' of all
eligible districts. Because tax assessment practices differ
substantially among localities and States, and because the
equalizing effect of a locality's tax rate for different types
of property is not taken into account in these elements of the
foundation formula, the formula is likely to result in an
inequitable distribution of Section 8002 funds.
H.R. 1 addresses this issue by changing the formula (in the
final tier only) to base these proportions on a district's
Section 8002 maximum amount, which reflects both the assessed
value of the eligible federal property and the local real
property tax rate for current expenditures, rather than only
upon the assessed value of the eligible federal property. This
will ensure that 75 percent of the new money will be
distributed under the same philosophy used in the base Section
8002 program which uses both property assessment plus the local
tax rate when determining a district's maximum payment.
Other Technical Changes to the Impact Aid Program
H.R. 1 also includes other minor technical changes to the
Impact Aid Reauthorization Act of 2000. These include minor
modifications to the section of the formula benefiting small
school districts; and modifications to Section 8009 (equalized
States) to clarify that funds provided to school districts
based on their identification as ``heavily impacted'' would be
exempt from State equalization. H.R. 1 also extends the
authorization for the Impact Aid program through FY 2006 to
make it conform to the other titles of the Elementary and
Secondary Education Act.
Technical Changes to the Impact Aid Construction Program
Title VI of H.R. 1 also makes technical corrections to the
Impact Aid construction program to correct a misinterpretation
of the eligibility requirements for certain grants made by the
Department of Education. Specifically, it clarifies that an LEA
is considered to be unable to fund construction needs through
bond issues if the assessed value of the taxable property
within the LEA is less than $25 million. This ensures that
federally impacted LEAs with the greatest need can qualify for
the full cost of repairs to correct emergency situations that
threaten the health or safety of their students. H.R. 1 also
clarifies that an LEA is considered to have minimal capacity to
fund construction needs through bond issues if the assessed
value of the taxable property within the LEA is greater than
$25 million but less than $50 million, and the LEA has already
used at least 75 percent of its existing bonding authority for
other construction needs. This will allow federally impacted
LEAs with low bonding capacity that are making an effort to
meet their own construction needs to qualify for some federal
funding to address health or safety needs within their schools.
Title VI also separates the application process for emergency
grants from that of modernization grants, and clarifies that
the Secretary is to fund projects that address threats to the
health and safety of students or school staff prior to funding
grants intended only for school modernization. These provisions
will improve the application process and ensure that scarce
federal funds are targeted to LEAs with the greatest need for
assistance.
Title VII--Flexibility and Accountability
Part A--State Accountability for Improving Academic Achievement
The Committee views this Part as critical to the effective
implementation of the President's plan because it provides for
real and significant consequences for success or failure. These
rewards and sanctions are designed to change the long and anti-
productive trend in federal programs of rewarding failure and
ignoring success. Under Title VII, Part A, the rewards are
neither too easy to get, nor so powerful as to give the federal
government excessive sway over State decision-making. Likewise,
the sanctions are not easily applied, or so punitive that
reform and improvement are impaired. Both the rewards and
sanctions are designed to fit within the overall context of the
bill and to support a productive relationship between the
federal government and the States.
Rewards
Part A of Title VII provides rewards for States that make
significant progress in academic achievement for students
primarily based on State academic assessment results. Reward
funds are allocated to States based on the progress of students
from low-income families and from racial or ethnic minority
groups, for students as a whole and for limited English
proficient students. In order to receive a reward, progress on
State assessments must be confirmed by a second indicator
consisting of the National Assessment of Educational Progress
(NAEP) or another assessment selected by the State.
The Committee believes the ability of the State to choose
an assessment other than NAEP as a confirmation of State
assessment results is key to allowing States flexibility in
achieving the goals of the bill. The alternative assessment
must meet, however, strict criteria that ensures it will be
valid, reliable, and able to produce results that can be both
disaggregated and expressed in terms of the achievement levels
described in Title I.
Under Title VII of H.R. 1, NAEP assessments (or an
alternative, independent assessment selected by the State)
would be administered annually in reading and mathematics in
fourth and eighth grade to serve as a ``second snapshot'' of
how the State is doing academically. As Mark Musick, Chairman
of the National Assessment Governing Board, which administers
NAEP, told the Committee at a hearing on March 8, 2001, ``this
is about seeing if achievement in America is moving in the same
direction. This is about confirming that gaps are closing,
particularly the ethnic and the socioeconomic student
achievement gaps.'' The ``first snapshot,'' or measure of how
students in the State are doing academically, would be the
annual State assessments in reading and mathematics developed
under Title I, Part A. If a State is making significant
progress on the Title I, Part A assessments and the ``second
snapshot'' assessment (NAEP or the independent assessment), as
well as making progress in improving the English proficiency of
students with limited English proficiency, then the State would
be eligible for a financial reward from the Secretary of the
Department of Education. The Committee emphasizes that rewards
are provided when both indicators show progress. The ``second
snapshot'' cannot, by itself, provide the basis for rewards
even though it may show increases in academic achievement. In
addition, the Secretary may take into account other
considerations in determining the size of the reward, such as
graduation rates and the percentage of students who take
Advanced Placement (AP) or International Baccalaureate (IB)
courses and pass exams associated with the AP and IB classes.
It is the Committee's view that the ``confirmation'' of
State assessment results with NAEP or an independent assessment
is not to be a complex statistical process, but rather a simple
comparison that the average person would agree with by simply
looking at the direction of student academic achievement gains
on both assessments.
While the rewards are primarily based on a State's progress
as compared to its own past performance, the Secretary is
granted some discretion to grant larger awards to States based
on population, as well as the relative amount of progress a
State has made.
A State that receives an award from the Secretary under
this part is required to then provide awards to public
elementary or secondary schools in the State that made the most
significant progress in raising student academic achievement.
The schools, once they have received the award from the State,
may use the funds for any educational purpose allowed by State
law.
NAEP and the Independent Assessment
The National Assessment of Educational Progress (NAEP) is a
series of random sample tests commonly referred to as the
``Nation's Report Card,'' which measures the academic progress
of elementary and secondary students in the United States. NAEP
consists of tests of students in grades four, eight, and 12 in
reading, writing, science, mathematics and other subjects. The
NAEP tests are voluntary and administered to a representative
sample of students. By design, no student takes an entire test
and accordingly there are no individualized test results.
The Committee recognizes the concerns of those who fear
that the second snapshot test, and the use of State NAEP
especially, will lead to a national test or curriculum.
Although the President proposed in his No Child Left Behind
initiative that NAEP alone be used for the purpose of
confirming State assessment results for rewards and sanctions
and shining a spotlight on States' progress in narrowing
achievement gaps, the Committee has provided States with the
option to select an alternative assessment that meets certain
criteria. Many States, school districts and other groups such
as the Business Coalition for Excellence in Education support
using NAEP alone for purposes of the ``second snapshot.'' The
Committee heard from Lisa Graham Keegan, Superintendent of
Instruction in Arizona, who testified before the Committee on
March 14, 2001, that ``in Arizona, we do have a lot of
confidence in the standards on which NAEP is based. We've been
using it for years, you all use it in your statistics all the
time. For the moment, it's quite strong . . . So we would
recommend using it as sort of a sunshine instrument.''
However, the Committee heard from many who opposed the use
of NAEP alone, and thus H.R. 1 allows States to select an
independent assessment other than NAEP for purposes of
confirming their State assessment results. The criteria for
such a test is included in Section 1111(c) as well as this
part. These criteria are designed to ensure that States select
a high quality test that is not specifically designed to match
their standards. Specifically, the independent assessment must
(1) be administered annually; (2) yield high quality data that
are valid and reliable; (3) meet widely recognized professional
and technical standards, including specific and rigorous test
security procedures; (4) be developed by an entity independent
from each State and local government agency in the State in a
manner that protects against any conflict of interest; (5) have
no test questions that are identical to the test questions used
by the assessment used to meet the State assessment
requirements under section 1111; (6) provide results in such a
form that they may be expressed in terms of achievement levels
that are consistent with the achievement levels (basic,
proficient, and advanced) set forth in section 1111; (7)
provide results in such a form that they may be disaggregated,
at a minimum, according to income level and major racial and
ethnic group; and (8) be administered to all students or to a
representative sample of students in the 4th and 8th grades
Statewide, with a sample size that is sufficiently large to
produce statistically significant estimates of Statewide
student achievement.
The Committee encourages States to select an independent
assessment or NAEP to provide a rigorous assessment of student
progress in that State. The purpose of the second assessment is
to encourage States to set high standards and academic
achievement and therefore States should select an assessment
with that goal in view.
It is not the Committee's intent that this legislation
would reduce participation in the national NAEP assessment, or
other subject areas assessed by NAEP.
Sanctions
Section 7102 provides sanctions for States that fail to
make adequate yearly progress for their disadvantaged students
and students from racial and ethnic minority groups. If the
State declines on both the annual State assessments under
Section 1111 and the second indicator (NAEP or the alternative
assessment) for two consecutive years, then the State would be
subject to a 30 percent reduction in the amount of funds that
it may reserve for administrative purposes. States receiving a
sanction do not lose these funds. Instead of spending the funds
on administrative purposes the funds must be reallocated to
local educational agencies for school improvement purposes
under Section 1116.
If a State continues to fail to make adequate yearly
progress on their Title I, Part A assessments and the second
indicator for the two years following the initial failure of
two consecutive years outlined above, then the Secretary may
further reduce a State's administrative funds up to an
additional 45 percent.
Again, the Committee would emphasize that the State must
fail to improve on both the annual State assessments required
under Title I, Part A and the second indicator (NAEP or the
alternative assessment) to be sanctioned under this Part.
Furthermore, in order to hold States accountable for the
important goal of improving English language proficiency, there
are additional sanctions. If a State fails to meet the adequate
yearly progress required under Title I, Part A for limited
English proficient (LEP) students for two consecutive years, or
the State fails to meet the acquisition of English language
proficiency required under Title I, Part A for LEP students for
two consecutive years, then the State is subject to an
additional 20 percent reduction in administrative funds.
Development of State Standards and Assessments
Section 7103 directs the Secretary to provide States with
funds to develop the annual assessments required under Title I,
Part A, or if a State has developed those assessments, to carry
out other activities related to ensuring accountability for
results in the State's schools and local educational agencies,
including the costs of administering such assessments. States
that have already developed their annual assessments may also
use these funds to improve the quality of their assessments,
and are encouraged to do so by the Committee.
This section was amended in Committee by Mr. Schaffer (R-
CO) to clarify that while States may enter into partnerships
with other States, such partnerships are not required.
Partnerships, while encouraged by the Committee as a means of
saving costs and developing higher quality assessments, are not
required. Mr. Schaffer's amendment also makes it clear that
H.R. 1 provides funds for States to strengthen the capacity of
local educational agencies and schools to provide all students
the opportunity to increase educational achievement. The bill
does not authorize the Secretary to require States to provide
educational facilities, instructional materials, or curriculum
to all students.
In addition, the Secretary is authorized to provide bonuses
for States that have annual assessments for grades 3 through 8
in place prior to the 2004-2005 school year. Section 7104
authorizes $40 million for these bonuses for fiscal year 2002.
Funding
Under H.R. 1, the expenses of NAEP for purposes of Title
VII accountability would be covered 100 percent from federal
resources. In addition, the costs of the alternative,
independent assessment that may be selected instead of NAEP
would be offset. Sixty-nine million dollars are authorized for
such purposes. If the alternative assessment is chosen, funds
would be provided to offset the cost of administering such an
assessment, provided such costs do not exceed the cost the
State would incur if it had used NAEP. The Secretary is
authorized under Section 7101 to develop a methodology for
allocating funds to States that select an independent
assessment instead of the NAEP.
Section 7104 also authorizes 400 million dollars for fiscal
year 2002 to allocate funds for States to develop their
assessments, as described in Section 7103. Because test
development costs are somewhat independent of the population of
a State, 50 percent of these funds are to be divided equally
among the States. The other 50 percent is to be allocated on
the basis of population.
TITLE VII, PART B--FUNDING FLEXIBILITY FOR STATE AND LOCAL EDUCATION
AGENCIES
Part B of Title VII grants States and local educational
agencies unprecedented flexibility to target federal dollars to
meet State and local priorities. It dramatically enhances
flexibility for local school districts, giving them the freedom
to make spending decisions with up to 50 percent of the federal
education dollars they receive, as long as they demonstrate
results. Under current law, federal rules frequently can
prevent States and local school districts from spending federal
dollars as effectively as possible to meet the unique needs of
students.
This funding flexibility option is based on a little-used
provision in current law. Under current law, if a State
educational agency approves, the unneeded funds provision in
Section 14206 of Title XIV of ESEA of 1965 allows school
districts to shift a percentage of funding from one ESEA
program to another in any fiscal year. In order to be granted
permission to shift these funds, a school district must
demonstrate that the funds are not needed for their original
purposes. Up to five percent of these programs' funds may be
shifted to any of these programs:
Title I, Part C (Education of Migratory Children)
Title II (Eisenhower Professional Development
program)
Title III, Subpart 2 of Part A (Technology Innovation
Challenge Grants)
Title IV, Subpart I of Part A (Safe and Drug-Free
Schools, Grants to LEAS)
Title VI (Innovative Education Program Strategies)
Five percent may also be transferred into, but not out of,
Title I, Part A (Grants to LEAS).
The unneeded funds provision is too limited to provide
useful flexibility to school districts or States. In September
1998, the GAO reported that the ``unneeded funds'' option is
``often unavailable and seldom used.'' In their survey of 50
State educational agencies, only half reported that they
allowed local school districts to take advantage of this
provision. Even when it was offered, it was rarely used.
Districts took advantage of this option in only one third of
the States that allowed them to do so. One State (not named by
GAO) did make use of this provision, with more than ten percent
of its districts exercising the provision.
The Committee has heard from school districts around the
country that they want meaningful flexibility in using their
federal dollars. The unneeded funds provision is insufficient
because it only allows a small percentage to be transferred,
which for all but the largest school districts means that a
very small amount of money is flexible. Limiting this option to
a small amount offunds provides little in the way of an
incentive to school districts to jump through the appropriate
bureaucratic hoops to shift funds from one account to another. Five
percent is simply too little to make a difference. In addition, States
are not given the option of shifting State activity dollars, even
though they are free to consolidate administrative funds from different
programs.
Several groups representing people involved in education at
the local level have been supportive of this flexibility
provision in the past, including the: American Association of
School Administrators, the Association of Educational Service
Agencies, the Council of the Great City Schools, the National
Association of Secondary School Principals, the National School
Boards Association, and the Rural Education Association. In a
May 7, 2001, letter supporting H.R. 1 sent to Members of
Congress, the American Association of School Administrators
wrote that the bill ``offers substantial flexibility at the LEA
level that will have an enormous effect on the ability for
individual districts to respond to what is needed . . . [b]y
allowing the LEA to shift money around according to their
needs, they are able to maintain the most appropriate education
for their students in need.'' Their support is extremely
significant, as they represent the people on the front lines
who have to administer these federal programs. Clearly, it is
those closest to the schools that see the need and the value of
transferability.
The State and Local Transferability Act in H.R. 1 provides
meaningful flexibility to States and local school districts by
significantly increasing the percentage that they may transfer
from one program to another. SEAs may transfer up to 50 percent
of their State activity dollars into another program. LEAs may
transfer up to 50 percent from one program to another without
SEA permission. Title I remains protected.
State Transferability
In H.R. 1, States are permitted to transfer up to 50
percent of their State activities funds between formula grant
programs (i.e. formula grant to the State). These programs are:
Title II (Teachers)
Title IV, Part A (Innovative Programs)
Title V, Part A (Safe and Drug Free Schools and 21st
Century Schools)
Title V, Part B (Technology)
Title I funds would not be transferable to non-Title I
programs, but non-Title I funds may be transferred into Title I
programs.
This provision provides States with flexibility that they
currently only have with their federal administrative dollars,
giving them the freedom to target resources and focus on State
priorities, such as accountability and testing, teacher
quality, or school safety.
It is the Committee's intent that only the non-
administrative portion of the funds explicitly setaside for use
at the State level by the statute could be transferred under
this authority, not funds that are required by the statute to
be allocated to local educational agencies. States transferring
these funds must modify their consolidated plans to reflect the
transfer of funds.
Local Transferability
Local educational agencies may transfer up to 50 percent
out of a program's fiscal year allocation, to another program
or programs, without requesting permission from the State. By
allowing school districts to transfer a portion of funds
without the permission of their State, the Act provides them
with flexibility to tailor their federal dollars to their needs
while still meeting the specific program requirements of each
federal program.
H.R. 1 permits school districts identified as being in need
of improvement to transfer 30 percent of their federal funds
rather than 50 percent, and only for the purpose of funding
school improvement activities. Schools identified for
corrective action and restructuring under Section 1116 may not
transfer funds.
School districts may transfer funds from one of the
following federal formula grant programs to another:
Title II (Teachers)
Title IV, Part A (Innovative Programs)
Title V, Part A (Safe and Drug Free Schools)
Title V, Part B (Technology-formula portion only)
Because the 21st Century Community Learning Centers program
is a competitive grant program within States, local educational
agencies would not be able to transfer those funds.
Title I funds would not be transferable to non-Title I
programs, but non-Title I funds may be transferred into Title
I. This grants local school districts the flexibility to target
additional resources, if they so choose, to meet the needs of
the most disadvantaged students.
A local educational agency can make more than one transfer
out of a single federal program with out requesting State
permission, as long as the total amount of the funds
transferred does not constitute more than 50 percent of the
total amount allocated to them for a fiscal year. Such
transfers would allow school districts to focus resources on
federal programs that most effectively address their most
pressing needs. This threshold applies to the total amount
transferred out of one program regardless of the amount of a
single transfer.
It is the Committee's intent that, whenever a State or
local educational agency intends to transfer funds to or from a
program that has a provision requiring consultation with
appropriate private school officials, the provision requiring
such consultation shall apply to the transfer of such funds in
accordance with Section 8503(c).
As provided in the unneeded funds provision in current law,
State and local school districts may transfer funds from the
above programs into any part of Title I, but no funds can be
transferred out of Title I into another program. States and
school districts would be free to allocate transferred funds to
supplement any aspect of their Title I program activities. The
purpose of this provision is to protect funding for Title I
programs. However, by allowing transfers into Title I, it also
grants local educational agencies the flexibility to focus
their limited federalresources on meeting the needs of
disadvantaged students and meeting State and Title I accountability
requirements.
When funds are transferred to another program, they assume
the identity of the program to which they were transferred, and
are governed by the requirements of that program. However, LEAs
must continue to meet the requirements of all federal programs
with the remaining funds that are not transferred to another
program.
Title VIII--General Provisions
Title XIV of current law of the Elementary and Secondary
Education Act (ESEA) contains general provisions that affect
all federal K-12 education programs. These general provisions
are modified and moved to Title VIII of the ESEA under H.R. 1.
The general provisions are divided into several parts: Part A--
Definitions; Part B--Flexibility in the Use of Administrative
and Other Funds; Part C--Coordination of Programs and
Consolidated State and Local Plans and Applications; Part D--
Waivers; Part E--Uniform Provisions; Part F--Sense of the
Congress; and Part G--Evaluations.
TITLE VIII, PART A--DEFINITIONS
The Committee has added several new definitions to the list
of defined terms for the ESEA programs, modified other
definitions, and moved some definitions from various individual
programs into the general provisions.
Definitions which have been moved to the general provisions
from individual programs or which are new to the general
provisions include ``child with a disability,'' ``effective
schools program,'' ``essential components of reading
instruction,'' ``family literacy services,'' ``fully
qualified'' in reference to teachers, ``limited English
proficient student,'' ``Native American and Native American
Language,'' ``reading,'' ``rigorous diagnostic reading and
screening assessment tools,'' and ``scientifically based
research.'' Definitions which appear in the general provisions
of current law and which have been modified include ``covered
program'' ``outlying area,'' ``parent,'' and ``technology.''
TITLE VIII, PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER
FUNDS
Under current law, section 14201 of ESEA, a State may
consolidate its administrative funds from Title I of the ESEA,
the Eisenhower professional development program, the technology
programs, the Safe and Drug-Free Schools program, and the
Innovative Education Program Strategies grants, and apply the
consolidated funds to the State's costs of administering this
group of programs, rather than applying each funding source
only to the administrative costs for that one program.
According to a study prepared for the Department of
Education and entitled Living in Interesting Times: Early State
Implementation of New Federal Education Laws, only nine States
have completely consolidated their administrative funds, and
many State administrators appear to be confused as to what
extent, if at all, administrative funds have been consolidated
in their States. However, for States that have consolidated
administrative funds, they have found the experience to be a
positive one. Consolidation has eliminated the requirement of
tracking time and effort of personnel assigned to individual
federal education programs. Collaboration across federal
education programs has also increased. In many cases,
consolidated administrative funds have made it easier for
States to fund salaries, fringe benefits, and training and
conference expenses.
While the provision in current law is a positive one, the
Committee finds no sound reason why the authority to combine
administrative funds at the State level should not be extended
to all ESEA programs. Section 8201 would extend such authority
to all ESEA programs for which funds are authorized to be used
for administration at the State level.
Similarly, current law section 14203 allows for
consolidation of funds for local administration for certain
ESEA programs. As with State administrative funds, the
Committee has included language in section 8203 allowing all
ESEA administrative funds at the local level to be combined. A
1998 General Accounting Office report on the usefulness of
federal flexibility provisions found the current law provision,
in practice, to be frequently unavailable and seldom used by
local educational agencies (LEAs). In GAO's survey of State
educational agencies, about one third reported that they did
not allow LEAs to combine administrative funds. It is the
Committee's understanding that in some States, a barrier to the
use of this option is the State or State educational agency's
failure to establish an additional fiscal account line for
managing these combined funds. This is largely an
implementation problem. Accordingly, the Committee would
strongly encourage States to take all necessary steps,
including the modification of accounting procedures, to make
this option available to LEAS.
TITLE VIII, PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND
LOCAL PLANS AND APPLICATIONS
In general, to receive funding for most federal education
programs, States and LEAs must submit plans or applications to
either the State or federal government. These plans or
applications typically describe how the funds will be used,
certify that federal procedures will be followed, and provide
assurances that the funds will be spent in accordance with the
purpose or purposes of the program.
Section 14302 of current law gives States the option of
consolidating State plans or applications that they submit to
the United States Department of Education for specified ESEA
education programs. This means that a State educational agency,
in consultation with the Governor, may submit one plan that
covers two or more of the specified programs. In similar
fashion, section 14305 gives LEAs the option of consolidating
local plans or applications that they submit to the State. As
with the provisions on consolidated administrative funds, the
Committee has expanded and rewritten current law sections 14302
and 14305 as sections 8302 and 8305 to allow all ESEA programs
to be included in a single State or LEA plan. Consolidated
plans eliminate bureaucratic paperwork requirements, promote
greater coordination between programs, and in general, give
States and localities the flexibility they need to better
administer federal education resources. As with consolidation
of administrative funds, States that have used consolidated
plans have found the benefits to be quite positive. In
Virginia, for example, the use of a singleconsolidated plan has
allowed funding for cross program planning, eliminated the need to
track personnel time and effort in individual programs, and eliminated
the need to develop separate program plans.
It is the view of the Committee that all States must allow
all LEAs to submit consolidated plans. The statute requires
this in current law section 14305 (section 8305 in H.R. 1). On
February 16, 1999, Carlotta Joyner of the General Accounting
Office (GAO) sent then-Secretary of Education Richard Riley a
memo concerning several States that may not have been
implementing these flexibility provisions. GAO reported in its
memo that in a survey of 50 State educational agencies, ten
States reported that they require LEAs to submit separate plans
for at least one of the programs covered under the law, in
order to receive federal program dollars. Under ESEA, though,
States may require LEAs to submit consolidated plans, but they
cannot require them to submit separate plans for each of these
covered programs. As a result, school districts in these States
are not able to take advantage of the reductions in paperwork
requirements that have been available under current law for
several years. Consequently, in an effort to address this
problem, H.R. 1 clearly states in section 8305 that States
cannot require local educational agencies to submit separate
plans for each federal program. The Committee strongly
recommends that the Secretary communicate this to States so
LEAs can take advantage of this flexibility.
Part C of the general provisions also includes a new
provision on consolidated reporting. Section 8303 gives the
Secretary authority to establish procedures for allowing a
State educational agency, in consultation with the Governor, to
submit consolidated annual reports on ESEA programs. This bill
language reinforces efforts already underway at the Department
to use a single report in lieu of separate individual annual
reports.
TITLE VIII, PART D--WAIVERS
The general authority of the Secretary of Education to
waive statutory and regulatory requirements of federal K-12
education programs is found in Part D, section 14401, of the
current ESEA. Under H.R. 1, this waiver authority is found in
section 8401. The basic concept behind waiver authority is that
States and LEAs may have a better way of implementing federal
education programs and this authority enables them to do so.
For too many years, the federal government has had a top-down,
one-size-fits-all approach to education that has proven itself
flawed. In recognition of this fact, Congress has begun to
provide more flexibility to States and LEAs via the waiver
process. Generally, the Title VIII waiver authority in H.R. 1
allows the Secretary to consider requests from States and LEAs
for waivers of any statutory or regulatory requirement with
several exceptions. The Committee has continued the waiver
authority and made minor conforming changes so that the
Secretary's waiver authority is generally consistent with the
waiver authority granted to States under the Education
Flexibility Partnership Act (P.L. 106-25).
Under current law, the Secretary may not waive statutory or
regulatory requirements relating to the following: (1)
allocation or distribution of funds to State educational
agencies, local educational agencies, or other recipients of
ESEA funds; (2) maintenance of effort; (3) comparability of
services; (4) use of federal funds to supplement, not supplant
non-federal funds; (5) equitable participation of private
school students and teachers; (6) parental participation and
involvement; (7) applicable civil rights requirements; (8)
charter school requirements; (9) prohibitions regarding State
aid and the use of funds for religious worship or instruction.
In section 8401(c)(9) the Committee has added to the list of
things that cannot be waived. The prohibitions that are
included are: prohibition on funds being used to develop or
distribute materials or operate programs or courses of
instruction directed at youth that are designed to encourage
sexual activity, whether homosexual or heterosexual;
prohibition on funds being used to distribute or to aid in the
distribution by any organization of legally obscene materials
to minors on school grounds; prohibition on funds being used to
provide sex education or HIV prevention education in schools
unless such instruction is age appropriate and emphasizes the
health benefits of abstinence; and prohibition on funds being
used to operate a program of contraceptive distribution in
schools.
TITLE VIII, PART E--UNIFORM PROVISIONS
Part E includes what is commonly referred to as the
``uniform provisions.'' These provisions include maintenance of
effort, the participation by private school students and
teachers in ESEA programs, prohibitions against funds being
used for religious worship or instruction, rules of
construction relating to home schools and private schools,
prohibitions against federal control or endorsement of
curriculum, prohibitions against the federal government
requiring States to have academic content standards or
achievement standards approved or certified by the federal
government, privacy protections for individual assessment
results, and prohibitions relating to sex education and
contraceptive distribution, and other matters.
With respect to the uniform provisions, the Committee
wishes to make clear that the intent of this Act is that the
standards and assessments mentioned in the Act measure academic
knowledge of math and reading, as opposed to applied and
contextual learning that focus on student workplace skills and
competencies. To the extent such research is available,
classroom instruction should be based on rigorous
scientifically based research. The bill does not authorize the
Secretary to define the term ``academic'' for the States.
States may define the term ``academic'' as they see fit, or not
at all.
The Committee has made several significant changes to
current law. The Committee has included language on private
school consultations with school district officials that is
parallel to the language in Title I Part A (Improving the
Academic Performance of Disadvantaged Students). In general,
LEAs are required to consult with private school officials when
arranging for the provision of equitable services under ESEA
programs to private school students and staff. However,
Catholic school officials have informed the Committee that in
some areas of the country, public school districts provide
little or no consultation with private officials.
To help address these concerns, H.R. 1 requires LEAs to
consult with private school officials not only on how and where
the services will be provided, as under current law, but also
on the selection of the contractor that provides the services,
in situations where contractors are utilized. In addition, the
LEA must tell how the services will be assessed, and how the
results of that assessment will be used to improve the services
to private school children. The consultations must involve not
only meetings prior to the public school district making a
decision on theservices, but also throughout the implementation
and assessment of the services. Such measures will help ensure that
high quality services are provided to private school children.
The bill also makes an additional clarifying change to
private school participation and bypass provisions under Title
VIII. The change would add the word ``entity'' to such
provisions. The Committee does not intend for the addition of
this word to change how section 1309(1)(B) is implemented
relative to local operating agencies.
Earlier this year, the Committee heard from many
organizations representing private schools and home schools who
expressed concerns that the bill be clear that its requirements
should not apply home schools, nor should the requirements
apply to private schools if private schools do not receive ESEA
funds or services. Accordingly, the Committee has made
absolutely clear that the requirements do not apply to home
schools nor to private schools that do not receive ESEA funds
or services. The bill language that clarifies these points is
found in sections 8508 and 8509.
During mark-up of H.R. 1, Rep. Pete Hoekstra (R-MI) offered
an amendment which further strengthened the home school
protections. The amendment passed by voice vote. The amendment
modified section 8508 to ensure that regardless of whether a
home school is treated as a home school or private school under
State law, a home school is not be affected by the ESEA. In
addition, students who are home schooled are not required to
participate in the assessments referenced in the ESEA. The
amendment also strengthened section 8511 by clarifying that
nothing in the ESEA nor in any other act administered by the
Department of Education is to be construed as authorizing any
federal control over any private, religious or home school.
The Committee has also heard from many individuals who are
concerned that individual assessment results be protected from
disclosure to third parties. Section 8510 protects the privacy
of assessment results by reiterating the applicability of the
parental consent and other requirements of General Education
Provisions Act to individual assessment results that become a
part of a student's education records.
The Committee has included new language on school prayer
protections. Current law states that any State or school
district that has been found by a federal court to have
willfully violated a court order with respect to school prayer
is ineligible to receive ESEA funds. Sadly, this law erects
several hurdles in the paths of students who wish to exercise
their right to pray at school. First, current law requires one
to have first gone to federal court and previously obtained an
order against a school district or State. Second, one must
additionally prove in court that a State or school district has
willfully violated the order, before the State or school
district would be subject to losing education funds. This
framework is flawed. It provides a remedy only after a student
has been compelled to go to court two times--once to get an
initial court order and the second time to show there has been
a violation of the court order. This puts a burden upon
students who are simply trying to exercise a basic
constitutional right.
The Committee has replaced the school prayer provision from
current law with a simple provision in Section 8512 which
requires, as a condition for receipt of funds under ESEA, that
a LEA certify in writing to the Secretary of Education that no
policy of the agency prevents or otherwise denies participation
in constitutionally protected prayer in public schools. Nothing
in this provision is to be construed as affecting or altering
the Equal Access Act.
During the mark-up of the No Child Left Behind Act of 2001,
an amendment was offered by Rep. Bob Schaffer (R-CO) to make
clarifying changes to Title I (Improving the Academic
Performance of the Disadvantaged), Title VII (Accountability)
and Title VIII (General Provisions). With respect to Title
VIII's general provisions, the amendment makes clear that under
section 8514, officers and employees of the federal government
are prohibited from mandating, directing, or controlling any
curriculum, programs of instruction or allocation of State and
local resources. The amendment passed by voice vote.
The Committee has added new language in Section 8515 which
ensures that regulations may be promulgated by the Secretary
only to the extent that such regulations are necessary to
ensure compliance with specific requirements and assurances
required under the ESEA. This provision is consistent with
language that has been included separately in individual
education programs in recent years. It is included here to
cover all elementary and secondary programs.
Section 8516 requires the Secretary to report to Congress
on how the Secretary will go about ensuring that audits comply
with changes in H.R. 1.
Section 8517 of the bill ensures that under no
circumstances may the federal government require any States to
have their academic standards approved or certified by the
federal government. This further ensures the autonomy and
control of States over their academic standards.
The Committee has added new language in Section 8518
prohibiting the endorsement or approval of any curriculum by
the U.S. Department of Education. A few years ago, pursuant to
authority under federal law, the Secretary of Education
identified as ``exemplary'' and ``promising'' several
questionable math programs that had been supported by the
National Science Foundation. These programs were referred to as
``fuzzy math,'' in part, because they adhered to a philosophy
of math that minimized essential computational skills, were not
based on sound scientific research, and promoted lower levels
of proficiency in mathematics. Section 8518 will protect
against any federal funds being used to endorse, approve or
sanction any curriculum.
Decisions about school curricula have been and continue to
be local decisions. The federal government must take care not
to have its heavy hand override State, local or parental choice
in curricula, or use its influence or imprimatur to pressure
State and local schools to implement national math standards.
Section 8519 clarifies that nothing in H.R. 1 gives
authority for any kind of development of a national database of
personally identifiable information on individuals involved in
studies or data collection efforts. This has been a concern in
recent years and accordingly, the Committee has made abundantly
clear that there is no authority in ESEA for the Department to
develop national databases of personally identifiable
information
Section 8520 is a severability clause. It provides that if
any provision of the legislation is held invalid, then the
remainder of the legislation shall be unaffected.
TITLE VIII, PART F--SENSE OF CONGRESS
Part F of Title VIII includes a Sense of Congress on
Paperwork Reduction, a Sense of Congress regarding memorials on
campus, a prohibition on any kind of mandatory national
certification of teachers and paraprofessionals, and a
prohibition on national tests.
With respect to the Sense of Congress on Paperwork
Reduction, many superintendents, principals, and teachers
continue to spend significant time in filling out paperwork for
federal education programs, and accordingly, the Committee has
included a statement of Congress on this matter.
The Committee has also included a Sense of Congress
provision in Section 8604 regarding religious memorial services
and religious memorials located on school campuses. The
language was prompted by the circumstances surrounding the
courageous actions of Cassie Bernall at Columbine High School
in Littleton, Colorado, a few years ago. The Committee bill
states that Congress does not find religious services or
religious memorials that are located on campus to honor others
that may have been slain on campus to be objectionable. This
statement sends a clear signal that Members of Congress believe
schools and communities should be free to honor their
classmates through a religious service or memorial erected on
campus.
The Committee clarifies in section 8602 that the Secretary
of Education is prohibited from using any federal funds to
plan, develop, implement or administer any kind of mandatory
national teacher or paraprofessional test or certification.
This provision sends a clear message that such certifications
and tests are within the authority of State and local
governments, and not the federal government.
Finally, the Committee has included a prohibition on
national tests to make clear that under no circumstances is
H.R. 1 intended to grant any authority to the federal
government to develop, implement or administer any national
test. The new tests in reading and math in grades 3-8
authorized in Title I, Part A of H.R. 1 are to be developed by
States, not the federal government. This prohibition on
national tests is included in section 8603 and complements
existing prohibitions in the General Education Provisions Act
that were enacted into law a few years ago.
TITLE VIII, PART G--EVALUATIONS
Part G of H.R. 1 continues the authority of the Secretary
to carry out evaluations and studies of the effectiveness of
programs under the ESEA using up to one half or one percent of
the amount appropriated for such programs.
Part G also transfers the authority for Title XIII programs
(Comprehensive Regional Assistance Centers, the National
Diffusion Network, the Eisenhower Regional Mathematics and
Science Education Consortia, and the Technology Based Technical
Assistance) of ESEA to Title VIII. It is the intent of the
Committee that these programs will be addressed more fully
during the reauthorization of the Office of Educational
Research and Improvement.
TITLE IX, PART A, SUBPART I--NATIONAL EDUCATION STATISTICS ACT (NESA)
Title IX, Part A, Subpart 1, section 901 of H.R. 1 includes
conforming changes to section 411 of the National Education
Statistics Act (NESA). Section 411 of NESA provides the
authority under current law for the National Assessment of
Educational Progress (NAEP), which is a series of random sample
tests commonly referred to as the ``Nation's Report Card''
which measures the academic progress of elementary and
secondary students in the United States. NAEP consists of tests
of students in grades 4, 8, and 12 in reading, writing,
science, mathematics and other subjects.
The NAEP tests are voluntary and administered to a
representative sample of students. By design, no student takes
an entire test and there are no individualized test results.
Results are provided in the aggregate for the nation as a whole
and on a State-by-State basis.
With respect to the rewards and sanctions under Title VII,
section 411 of the National Education Statistics Act is amended
by section 901 of H.R. 1 to specifically authorize the annual
use of NAEP reading and mathematics assessments in fourth and
eighth grades. Section 411 is also amended to delete the
requirement that States are to pay for a share of the expenses
of NAEP. The expenses of NAEP, as well as the expenses of the
alternative independent assessments (if a State chooses this
approach in lieu of NAEP), would be provided for through
federal appropriations with no required State share. For a more
detailed discussion of rewards and sanctions, see the Committee
views for Title VII, Part A of this report.
TITLE IX, PART A, SUBPART 2--HOMELESS EDUCATION
H.R. 1 reauthorizes the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001. The McKinney-Vento
Homeless Education Assistance Act currently requires that
States provide estimates of the number of homeless children and
youth in their States and information about their access to
education and related services. This provision has resulted in
widely varying data in both quality and quantity. The lack of a
uniform method of data collection has resulted in unreliable
national data. H.R. 1 eliminates the requirement that the State
homeless coordinator estimate the number of homeless children
in the State and the number of homeless children served by the
program. Under H.R. 1, this responsibility is placed under the
authority of the Secretary who shall, either directly or
through grants, contracts, or cooperative agreements,
periodically collect and disseminate data and information on
the number and location of homeless children and youth; the
education and related services such children and youth receive;
and the extent to which such needs are being met. The result of
these changes to the McKinney-Vento Homeless Education
Assistance Act will enable a more reliable and uniform data
collection method that will help guide Congress in making
accurate funding decisions.
Many homeless children and youth are forced to wait days
and even weeks before they can enroll in school because they do
not have the necessary paperwork required for enrollment such
as proof of residency, previous academic records, birth
certificates, and other documentation.
According to the FY 1997 Department of Education Report to
Congress (issued in 1999), States reported that lack of school
records and birth certificates were among the most frequent
reasons for homeless children and youth not attending school.
In addition, the report noted that lack of documentation is
among the reasons that 45 percent of homeless children and
youth were not attending school on a regular basis during their
homelessness. H.R. 1 directs schools to immediately enroll a
homeless child even if they are unable to produce the documents
normally required for enrollment. In cases where a homeless
child does not have immunization records, the enrolling school
shall promptly refer his or her parent or guardian to the
homeless liaison to assist in obtaining immunizations or
immunization records.
Homeless liaison personnel have played a key role in
establishing relations between families, schools, shelters, and
other homeless service agencies. H.R. 1 requires local
educational agencies to designate a homeless liaison
responsible for ensuring that homeless children are regularly
attending school and are receiving equitable access to high-
quality education and support services. The liaison can be a
federal programs coordinator, Title I coordinator, or other
program staff.
Many homeless children are forced to change schools because
shelters or other temporary living accommodations are not
located in the same school district as their school, or because
they lack transportation. Forty-one percent of homeless
students attend two different schools, and 28% attend three or
more schools in a single year. This mobility puts children at
great risk for academic failure. In response to these findings,
H.R. 1 directs local educational agencies to continue homeless
children's education in their school of origin, to the extent
feasible, unless the parent or guardian wishes otherwise, for
the duration of homelessness.
Nationwide, the lack of transportation is one of the most
pervasive barriers to enrollment and success in school for
homeless children and youth. According to the FY 1997
Department of Education Report to Congress (issued in 1999),
the lack of transportation to or from temporary residences was
the most frequent reason given by States as to why homeless
children and youth did not attend school. Forty States listed
transportation as a major need to be addressed to ensure the
individual academic success of a homeless child or youth. H.R.
1 directs State and local educational agencies to ensure that
transportation is provided to the school of origin, at the
request of the parent or guardian (or, in the case of an
unaccompanied youth, the request of the liaison). H.R. 1 will
enhance access to education, as well as educational continuity.
Lack of awareness about the McKinney-Vento Homeless
Education Assistance Act often prevents homeless families and
youth from obtaining education, and from knowing who to contact
for help with school enrollment and other education issues.
H.R. 1 improves dissemination of information about the
educational rights of homeless students by requiring school
districts to disseminate public notice in schools, family
shelters, soup kitchens, and other locations where students
receive services. The Committee also instructs the Secretary of
Education to create a public notice of the educational rights
of homeless children and youth and disseminate this notice to
other federal agencies, programs, and grantees, including Head
Start grantees, health care for the homeless grantees,
emergency food and shelter grantees, and homeless assistance
programs administered by the Department of Housing and Urban
Development.
The Office of State Coordinator for the Education of
Homeless Children and Youth oversees all local educational
agencies in a State, including those that do not receive
McKinney-Vento Homeless Education Assistance Act funds. These
LEAs are often in need of technical assistance and support in
order to respond to the needs of their homeless students. Some
States have responded to the need to provide Statewide
technical assistance and support to all school districts by
creating Statewide initiatives. These initiatives have had
great success in expanding the reach of McKinney-Vento funds
and increasing support for the enrollment and school success of
homeless children Statewide. In order to successfully implement
Statewide initiatives, the Committee provides States more
flexibility in the reservation of funds for such activities.
Lack of clarity about who is considered homeless for the
purposes of this subtitle have prevented many students in
certain homeless situations (for example, students living in
doubled-up arrangements due to lack of shelter space or other
accommodations, motels, etc.) from enrolling and attending
school. H.R. 1 incorporates previously existing federal
guidance on definitions of homelessness in order to clarify
eligibility for this subtitle. The Committee also defines
``enroll'' as the right to attend classes and fully participate
in school programs. This definition will help to eliminate the
practice of ``enrolling'' homeless students in school, but not
actually allowing them to attend class until paperwork is
provided.
H.R. 1 contains language that prohibits a State receiving
funds under the McKinney-Vento Homeless Education Assistance
Act from segregating a homeless child, either in a separate
school or in a separate program within a school, based on that
student's status as homeless. However, this provision contains
a grandfather clause that ensures established schools do not
lose funding.
TITLE IX, PART B--REPEALS
Part B of Title IX of H.R. 1 repeals the following statutes
and programs: (1) Part A (National Education Goals Panel) and
Part C (Authorization of Appropriations) of Title II of the
Goals 2000: Educate America Act; (2) Title VI (International
Education Program) of the Goals 2000: Educate America Act; (3)
Title XVII of Public Law 106-65 (Troops-to-Teachers Program Act
of 1999); (4) Title IX (Native American Education, Native
Hawaiians, and Alaska Native Education) of the Elementary and
Secondary Education Act; (5) Title X, Part A (Fund for the
Improvement of Education) of the Elementary and Secondary
Education Act; (6) Title X, Part B (Gifted and Talented) of the
Elementary and Secondary Education Act; (7) Part C of Title X
(Charter Schools) of the Elementary and Secondary Education
Act; (8) Part D of Title X (Arts in Education) of the
Elementary and Secondary Education Act; (9) Part F of Title X
(Civics Education) of the Elementary and Secondary Education
Act; (10) Part I of Title X (21st Century Community Learning
Centers) of the Elementary and Secondary Education Act; (11)
Part J of Title I (Urban and Rural Education) of the Elementary
and Secondary Education Act; (12) Part L of Title X (Physical
Education for Progress) of the Elementary and Secondary
Education Act; (13) Title XI (Coordinated Services) of the
Elementary and Secondary Education Act; and (14) Title XII
(Education Infrastructure) of the Elementary and Secondary
Education Act.
The Committee notes that some of the programs that are
repealed have been consolidated into other programs, some have
been rewritten and continued elsewhere under the revised
structure of the Elementary and Secondary Education Act, and
some have been eliminated altogether. H.R. 1 eliminates or
consolidates 34 federal Elementary and Secondary Education Act
(ESEA) programs out of a total of 66, streamlining nearly 50
percent of the federal K-12 education role.
Section-by-Section Analysis
Section 1--sets forth the short title of this act as the
`No Child Left Behind Act of 2001.'
Section 2--states that except as otherwise specifically
provided in this act, whenever in this act an amendment or
repeal is expressed as the amendment or repeal of a section or
other provision, the reference shall be considered to be made
to a section or other provision of the Elementary and Secondary
Education Act of 1965.
Section 3--states that except as otherwise specifically
provided in this act, or any amendment made by this act, any
person or agency that was awarded a grant under the Elementary
and Secondary Education Act of 1965 prior to the date of the
enactment of this act shall continue to receive funds in
accordance with the terms of such award, except that such funds
may not be provided after the date that is one year after the
effective date of this act.
Section 4--contains the table of contents.
Section 5--states that except as otherwise specifically
provided in this act, this act, and the amendments made by this
act, shall take effect on October 1, 2001, or on the date of
the enactment of this act, whichever occurs later.
Title I--Improving the Academic Performance of the Disadvantaged
Part A--Basic Program
Section 101--amends Section 1001 as follows:
``Section 1001 provides the findings; statement of purpose;
and recognition of need.''
Section 102--amends Section 1002 as follows:
``Section 1002 provides for the authorization of
appropriations.''
Section 103--amends Section 1003 as follows:
``Section 1003 states the reservation for school
improvement.''
Section 104--amends the heading for part A of title I and
sections 1111 through 1115 as follows:
``Part A--Improving Basic Programs Operated By Local Educational
Agencies
``Subpart 1--Basic Program Requirements
``Section 1111 sets forth provisions for state plans.
``Section 1112 contains provisions for local educational
agency plans.
``Section 1113 sets forth provisions for eligible school
attendance areas.
``Section 1114 states provisions for schoolwide programs.
``Section 1115 sets forth provisions for targeted
assistance schools.''
Section 105 amends Section 1115A as follows:
``Section 1115A provides for school choice. This section
contains provisions for an optional public school choice
program, including a provision to allow title I funds to be
used for transportation services.''
Section 106 amends the section heading and subsections (a)
through (d) of section 1116 as follows:
``Section 1116 contains provisions relating to local
review, school and local educational agency improvement
provisions, technical assistance, corrective action and school
restructuring; provisions for providing public school choice
for students attending low-performing schools, including the
use of funds for transportation services; provisions for
supplemental services for disadvantaged students.''
Section 107 amends section 1117 as follows:
``Section 1117 sets forth provisions pertaining to state
assistance for school support and improvement.''
Section 108 amends sections 1118 through 1127 as follows:
``Section 1117A provides for the Academic Achievement
Awards program.
``Section 1118 sets provisions for parental involvement in
programs under this section.
``Section 1119 establishes qualifications for teachers and
paraprofessionals.
``Section 1119A sets forth provisions for professional
development.
``Section 1120 contains provisions pertaining to the
participation of children enrolled in private schools.
``Section 1120A sets fiscal requirements.
``Section 1120B sets coordination requirements.
``Subpart 2--Allocations
``Section 1121 provides grants for the outlying areas and
the Secretary of the Interior.
``Section 1122 establishes amounts for basic grants,
concentration grants, and targeted grants.
``Section 1124 sets forth provisions for basic grants to
local educational agencies.
``Section 1124A contains provisions for concentration
grants to local educational agencies.
``Section 1125 sets forth provisions for targeted grants to
local educational agencies.
``Section 1126 sets forth provisions for special allocation
procedures.
``Section 1127 contains provisions for carryover and waiver
authority.
``Section 1128 states that any school that receives funds
under this part shall ensure that educational services or other
benefits provided under this part, including materials and
equipment, shall be secular, neutral, and nonideological.''
Part B--Student Reading Skills Improvement Grants
Section 111--amends part B of title I as follows:
``Part B--Student Reading Skills Improvement Grants
Subpart 1--Reading First
``Section 1201 states the findings of Congress.
``Section 1202 states the purposes of this subpart.
``Section 1203 sets forth provisions for formula grants to
states.
``Section 1204 contains provisions regarding state formula
grant applications.
``Section 1205 sets forth provisions for discretionary
grants to states.
``Section 1206 provides for external evaluation.
``Section 1207 sets forth provisions for national
activities.
``Section 1208 sets forth provisions for the dissemination
of information.
``Section 1209 states the definitions for this subpart.
``Subpart 2--Early Reading First
``Section 1221 states the purposes of this subpart.
``Section 1222 sets forth provisions for local early
reading first grants.
``Section 1223 requires the Secretary to consult with the
Secretary of Health and Human Services in order to coordinate
the activities undertaken under this subpart with programs
under the Head Start Act.
``Section 1224 states reporting requirements for this
subpart.
``Section 1225 states evaluation requirements for this
subpart.
``Section 1226 provides additional research requirements.''
Section 112--further amends part B of title 1, as amended
by section 111, as follows:
``Subpart 3--William F. Goodling Even Start Family Literacy Programs''
Section 113--sets forth provisions regarding the
Inexpensive Book Distribution Program.
Part C--Education of Migratory Children
Section 121--amends section 1303 regarding state
allocations.
Section 122--amends section 1304 pertaining to state
applications; services.
Section 123--amends section 1306 as follows:
``Section 1306 states the authorized activities.''
Section 124--amends section 1308 regarding the coordination
of migrant education activities.
Part D--Neglected or Delinquent Youth
Section 131--amends the heading for part D of title I as
follows:
``Part D--Prevention and Intervention Programs for Neglected or
Delinquent Children and Youth.''
Section 132--amends section 1401 regarding findings related
to neglected and delinquent youth.
Section 133--amends section 1412 pertaining to the
allocation of funds.
Section 134--amends section 1414 as follows:
``Section 1414 sets forth provisions for state plan and
state agency applications.''
Section 135--amends section 1415 regarding the use of
funds.
Section 136--amends section 1418 pertaining to transition
services.
Section 137--amends section 1421 regarding the purpose of
this part.
Section 138--amends section 1422 regarding programs
operated by local educational agencies.
Section 139--amends section 1423 pertaining to local
educational agency applications.
Section 140--amends section 1424 pertaining to the uses of
funds.
Section 141--amends section 1425 regarding program
requirements.
Section 142--amends section 1431 regarding program
evaluations.
Part E--Federal Evaluations and Demonstrations
Section 151--amends section 1501 as follows:
``Section 1501 sets forth provisions aimed at evaluating
programs assisted under this title.''
Section 152--amends section 1502 regarding demonstrations
of innovative practices.
Section 153--further amends part E of title I by adding at
the end the following:
``Section 1503 sets forth provisions for the Ellender-Close
Up Fellowship Program.
``Section 1504 contains provisions for dropout reporting.''
Part F--Comprehensive School Reform
Section 161--amends part F of title I as follows:
``Part F--Comprehensive School Reform
``Section 1601 contains provisions regarding comprehensive
school reform.''
Part G--Rural Education Flexibility and Assistance
Section 171--amends title I by adding at the end the
following new part:
``Part G--Rural Education Flexibility and Assistance
``Section 1701 establishes the short title of this part as
the `Rural Education Initiative Act.'
``Section 1702 sets forth the findings of Congress
regarding rural education.
``Subpart 1--Rural Education Flexibility
``Section 1711 provides formula grant program
authorization.
``Section 1712 provides program authorization.
``Section 1713 sets forth provisions designed to ensure
accountability.
``Subpart 2--Rural Education Assistance
``Section 1721 provides program authorization.
``Section 1722 sets forth provisions regarding state
distribution of funds.
``Section 1723 contains provisions for applications.
``Section 1724 sets forth provisions for reports.
``Section 1725 contains provisions for a performance
review.
``Section 1726 states the definitions for this subpart.
``Subpart 3--General Provisions
``Section 1731 provides a definition for this part.''
Part H--General Provisions of Title I
Section 181--further amends title I by adding at the end
the following:
``Part H--General Provisions
``Section 1801 sets forth provisions for federal
regulations.
``Section 1802 contains provisions regarding agreements and
records.
``Section 1803 sets forth provisions for state
administration.
``Section 1804 provides a local administrative cost
limitation.
``Section 1805 states that nothing in this title shall be
construed to affect home schools nor shall any home schooled
student be required to participate in any assessment referenced
in this title.
``Section 1806 states that nothing in this title shall be
construed to affect any private school that does not receive
funds or services under this title, nor shall any student who
attends a private school that does not receive funds or
services under this title be required to participate in any
assessment referenced in this title.
``Section 1807 ensures the privacy of assessment results.''
Title II--Preparing, Training, and Recruiting Quality Teachers
Section 201--amends title II, part A as follows:
``Title II--Preparing, Training, and Recruiting Quality Teachers
``Part A--Teacher Quality Training and Recruiting Fund
``Section 2001 states the purpose.
``Subpart 1--Grants to States to Prepare, Train, and Recruit Qualified
Teachers
``Section 2011 sets forth provisions for formula grants to
states.
``Section 2012 provides for within-state allocations.
``Section 2013 sets forth provisions for applications by
states.
``Subpart 2--Math and Science Partnerships
``Section 2021 states the purpose.
``Section 2022 sets forth provisions for application
requirements.
``Section 2023 contains provisions for math and science
partnership subgrants.
``Section 2024 sets forth the evaluation and accountability
plan.
``Section 2025 contains provisions for reports and the
revocation of subgrants.
``Section 2026 sets forth definitions.
``Subpart 3--Subgrants to Local Educational Agencies
``Section 2031 contains provisions for the local use of
funds.
``Section 2032 provides for local applications.
``Section 2033 sets forth professional development for
teachers.
``Section 2034 contains provisions for teacher opportunity
payments.
``Subpart 4--Mid-Career Transitions to Teaching
``Chapter I--Troops-to-Teachers Program
``Section 2041 establishes authorization of the Troops-to-
Teachers program.
``Section 2042 contains provisions for the recruitment and
selection of program participants.
``Section 2043 provides for participation agreement and
financial assistance.
``Section 2044 sets forth provisions regarding
participation by states.
``Section 2045 contains provisions for the support of
innovative preretirement teacher certification programs.
``Section 2046 states reporting requirements.
``Section 2047 states definitions.
``Chapter II--Transition to Teaching
``Section 2048 contains provisions regarding professionals
seeking to change careers.
``Subpart 5--Funding
``Section 2051 states authorizations of appropriations.
``Subpart 6--General Provisions
``Section 2061 states definitions.''
Section 202--transfers the National Writing Project from
part K of title X to part B of title II.
Section 203--amends title II by creating a part C and D,
Civic Education and Teacher Liability Protection as follows:
``Part C--Civic Education
``Section 2201 states the short title of this part as the
`Education for Democracy Act.'
``Section 2202 sets forth the findings of Congress.
``Section 2203 states the purpose.
``Section 2204 establishes authority.
``Section 2205 contains provisions regarding the We The
People Program.
``Section 2206 sets forth Cooperative Civic Education and
Economic Exchange Programs.
``Section 2207 contains provisions regarding funding.
``Part D--Teacher Liability Protection
``Section 2301 sets forth provisions for teacher
immunity.''
Title III--Education of Limited English Proficent Children; Indian and
Alaska Native Education
Part A--Education of Limited English Proficient and Immigrant Children
Section 301--amends the heading for title III as follows:
``Title III--Education of Limited English Proficient Children; Indian
and Alaskan Native Education
``Part A--Education of Limited English Proficient and immigrant
Children
``Subpart 1--English Language and Academic Instructional Programs
``Section 3101 states the short title of this subpart as
the `English Language Proficiency and Academic Achievement
Act.'
``Section 3102 states the findings and purposes.
``Section 3103 sets forth provisions for parental
notification and consent for English language instruction.
``Section 3104 sets forth provisions for the testing of
limited English proficient children.
``Section 3105 sets forth formula grants to states.
``Section 3106 contains provisions for Native American and
Alaska Native children in school.
``Section 3107 sets forth provisions for applications by
states.
``Section 3108 contains provisions for subgrants to
eligible entities.
``Section 3109 sets forth provisions for the distribution
of gants to eligible entities.
``Section 3110 states authorizations of appropriations.
``Subpart 2--Administration
``Section 3121 provides for evaluations.
``Section 3122 sets forth reporting requirements.
``Section 3123 provides for coordination with related
programs.
``Subpart 3--General Provisions
``Section 3131 sets forth the definitions.
``Section 3132 establishes the rules of construction.
``Section 3133 establishes the limitation on federal
regulations.
``Section 3134 sets forth the legal authority under state
law.
``Section 3135 sets forth civil rights.
``Section 3136 contains provisions for programs for Native
Americans and Puerto Rico.''
Section 302--the conforming amendment to the Department of
Education Organization act amends Section 216 as follows:
``Section 216 contains provisions regarding the Office of
Educational Services for Limited English Proficient Children.
Part B--Indian and Alaska Native Education
Section 311--amends title III (as amended by section 301 of
this act) by adding at the end the following new part:
``Part B--Indian and Alaskan Native Education
``Subpart 1--Indian Education
``Section 3201 states the findings of Congress.
``Section 3202 states the purpose.
``Chapter I--Formula Grants to Local Educational Agencies
``Section 3211 states the purpose.
``Section 3212 sets forth provisions for grants to local
educational agencies.
``Section 3213 establishes the amount of grants.
``Section 3214 contains provisions for applications
submitted to the Secretary.
``Section 3215 provides for authorized services and
activities.
``Section 3216 sets for provisions for the integration of
services authorized.
``Section 3217 contains provisions for student eligibility
forms.
``Section 3218 sets forth provisions for payments.
``Section 3219 establishes the state educational agency
review.
``Chapter II--Special Programs and Projects to Improve
Educational Opportunities for Indian Children
``Section 3221 contains provisions for the improvement of
educational opportunities for Indian children.
``Section 3222 provides for professional development for
teachers and education professionals.
``Chapter III--National Research Activities
``Section 3231 sets forth provisions for national
activities.
``Chapter IV--Federal Administration
``Section 3241 contains provisions for the National
Advisory Council on Indian Education.
``Section 3242 sets forth provisions for peer review.
``Section 3243 establishes preference for Indian
applicants.
``Section 3244 establishes minimum grant criteria.
``Chapter V--Definitions; Authorizations of Appropriations
``Section 3251 sets forth definitions.
``Section 3252 states authorizations of appropriations.
Section 312--amends part B of title III (as amended by
Section 311 of this act) by adding at the end the following new
subpart:
``Subpart 2--Alaska Native Education
``Section 3301 states the short title of this subpart as
the `Alaska Native Educational Equity, Support, and Assistance
Act.'
``Section 3302 states the findings of Congress.
``Section 3303 states the purpose.
``Section 3304 sets forth provisions for the authorization
of the program.
``Section 3305 sets forth administrative provisions.
``Section 3306 sets forth definitions.
Section 313--amends part B of title XI of the Education
Amendments of 1978 as follows:
``Part B--Bureau of Indian Affairs Programs
``Section 1120 states findings and policy.
``Section 1121 provides for accreditation and standards for
the basic education of Indian Children in Bureau of Indian
Affairs Schools.
``Section 1122 provides the national criteria for home-
living situations.
``Section 1123 states the codification of regulations.
``Section 1124 establishes school boundaries.
``Section 1125 contains provisions for facilities
construction.
``Section 1126 establishes the Bureau of Indian Affairs
education functions and policy.
``Section 1127 contains provisions for the allotment
formula.
``Section 1128 provides for administrative cost grants.
``Section 1129 establishes the Division of Budget Analysis
under the director of the office.
``Section 1130 sets forth uniform direct funding and
support.
``Section 1131 provides for policy for tribal control of
Indian education.
``Section 1132 contains provisions for Indian education
personnel.
``Section 1133 provides for the computerized management
information system.
``Section 1134 establishes uniform education procedures and
practices.
``Section 1135 provides for the recruitment of Indian
educators.
``Section 1136 contains provisions pertaining to the
biennial report and audits.
``Section 1137 sets forth the rights of Indian students.
``Section 1138 contains provisions for regulations.
``Section 1138A contains provisions for regional meetings
and negotiated rulemaking.
``Section 1139 contains provisions for the early childhood
development program.
``Section 1140 sets forth provisions for tribal departments
or divisions of education.
``Section 1141 sets forth the definitions.''
Section 314--amends Sections 5202 through 5212 of Public
Law 100-297 as follows:
``Section 5202 states the findings of Congress.
``Section 5203 sets forth the declaration of policy.
``Section 5204 contains, provisions for grants authorized.
``Section 5205 provides for the composition of grants.
``Section 5206 sets forth eligibility for grants.
``Section 5207 contains provisions for the duration of
eligibility determination.
``Section 5208 contains provisions pertaining to the
payment of grants and the investment of funds.
``Section 5209 sets forth provisions for the application
with respect to the Indian Self Determination and Education
Assistance Act.
``Section 5210 establishes the role of the director.
``Section 5211 sets forth regulations.
``Section 5212 contains provisions for the tribally
controlled grant school endowment program.
``Section 5213 sets forth the definitions.''
Title IV--Promoting Informed Parental Choice and Innovative Programs
Section 401--amends title IV as follows:
``Title IV--Promoting Informed Parental Choice and Innovative Programs
``Part A--Innovative Programs
``Subpart 1--State and Local Innovative Programs
``Section 4101 sets forth findings and the statement of
purpose.
``Chapter 1--State and Local Programs
``Section 4111 provides for allocations to states.
``Section 4112 sets forth allocation to local educational
agencies.
``Chapter 2--State Programs
``Section 4121 contains provisions pertaining to the state
use of funds.
``Section 4122 sets forth provisions for state
applications.
``Chapter 3--Local Innovative Education Programs
``Section 4131 contains provisions pertaining to the use of
funds.
``Section 4132 establishes administrative authority.
``Section 4133 sets forth provisions for local
applications.
``Chapter 4--General Provisions
``Section 4141 sets forth provisions for the maintenance of
effort and federal funds supplementary.
``Section 4142 contains provisions pertaining to the
participation of children enrolled in private schools.
``Section 4143 establishes federal administration.
``Section 4144 sets forth the definitions.
``Section 4145 states the authorization of
appropriations.''
``Subpart 2--Arts Education
``Section 4151 contains provisions regarding assistance for
arts education.
``Subpart 3--Gifted and Talented Children
``Section 4161 states the short title of this subpart.
``Section 4162 states the findings of Congress and the
purpose.
``Section 4163 sets forth the rule of construction.
``Section 4164 contains provisions pertaining to the
authorized programs.
``Section 4165 sets forth provisions regarding program
priorities.
``Section 4166 sets forth the general provisions.
``Section 4167 states the authorization of appropriations.
Section 402--sets forth the continuation of awards.
Part B--Public Charter Schools
Section 411--amends part B of title IV as follows:
``Part B--Public Charter Schools
``Section 4201 states the findings and purpose.
``Section 4202 sets forth provisions regarding the program
authorized.
``Section 4203 contains provisions for applications.
``Section 4204 sets forth provisions regarding
administration.
``Section 4205 contains provisions regarding national
activities.
``Section 4206 provides for federal formula allocation
during the first year and for successive enrollment expansions.
``Section 4207 establishes solicitation of input from
charter school operators.
``Section 4208 provides for records transfer.
``Section 4209 reduces paperwork for eligible applicants or
charter schools.
``Section 4210 sets forth the definitions.
``Section 4211 establishes the authorization of
appropriations.''
Section 412--sets forth the continuation of awards.
Part C--Magnet Schools Assistance; Women's Educational Equity
Section 421--amends part C of title IV as follows:
``Part C--Magnet Schools Assistance; Women's Educational Equity
``Subpart 1--Magnet Schools Assistance
``Section 4301 states the findings of Congress.
``Section 4302 states the purpose.
``Section 4303 authorizes the program.
``Section 4304 sets forth the definitions.
``Section 4305 contains provisions regarding eligibility.
``Section 4306 sets forth applications and requirements.
``Section 4307 states the priority.
``Section 4308 contains provisions regarding the use of
funds.
``Section 4309 states the prohibitions.
``Section 4310 states the limitations.
``Section 4311 contains provisions regarding evaluations.
``Section 4312 contains provisions regarding the
authorization of appropriations and reservation.''
Section 422--transfers Women's Educational Equity from part
B of title V to subpart 2 of part D of title IV.
Section 423--establishes the continuation of awards.
Title V--21st Century Schools
Section 501--amends title V, except part B (which is
transferred and re-designated as subpart 2 of part D of title
IV by section 432 of this act) as follows:
``Title V--21st Century Schools
``Part A--Supporting Violence and Drug Prevention and Academic
Enrichment
``Section 5001 states the short title of this part as the
`2lst Century Schools Act of 2001.'
``Section 5002 states the purpose of this part.
``Section 5003 provides for the authorization of
appropriations.
``Subpart 1--Safe Schools
``Section 5111 sets forth provisions for reservations and
allotments.
``Section 5112 provides for a reservation of state funds
for safe schools.
``Section 5113 contains provisions pertaining to state
applications.
``Section 5114 provides for a formula grant program.
``Section 5115 contains provisions regarding authorized
activities.
``Section 5116 sets forth provisions for evaluation and
reporting.
``Subpart 2--21st Century Schools
``Section 5121 sets forth provisions regarding state
allotments for 21st Century Schools.
``Section 5122 contains provisions pertaining to state
applications.
``Section 5123 provides for a competitive grant program.
``Section 5124 sets forth provisions regarding local
activities.
``Subpart 3--National Programs
``Section 5131 contains provisions pertaining to federal
activities.
``Subpart 4--Gun Possession
``Section 5141 states gun-free school requirements.
``Subpart 5--General Provisions
``Section 5151 states the definitions for this part.
``Section 5152 contains provisions for the message and
materials.
``Section 5153 sets forth provisions for parental consent.
``Section 5154 states prohibited uses of funds.
``Part B--Enhancing Education Through Technology
``Section 5201 states the short title of this part as the
`Enhancing Education Through Technology Act of 2001.'
``Section 5202 states the purposes of this part.
``Section 5203 provides for the authorization of
appropriations; funding rule.
``Section 5204 states the definitions of this part.
``Subpart 1--State and Local Technology for Success Grants
``Section 5211 contains provisions pertaining to state
grant allotment.
``Section 5212 states the uses of the allotment by a state.
``Section 5213 contains provisions regarding state
applications.
``Section 5214 sets forth provisions pertaining to local
applications.
``Section 5215 contains provisions pertaining to state
activities.
``Section 5216 sets forth provisions for local activities.
``Subpart 2--National Technology Activities
``Section 5221 contains provisions regarding national
activities.
``Subpart 3--Ready to Learn, Ready to Teach
``Section 5231 sets forth provisions pertaining to Ready to
Learn Television.
``Section 5232 provides for a telecommunications program.
``Part C--Character Education
``Section 5301 provides for the Character Education
program.
``Section 5302 provides for the authorization of
appropriations.
``Part D--Elementary and Secondary School Counseling Programs
``Section 5401 provides for elementary and secondary school
counseling programs.
``Part E--Mentoring Programs
``Section 5501 provides definitions for this part.
``Section 5502 states the purposes of this part.
``Section 5503 sets forth provisions regarding a grant
program.
``Section 5504 provides for a study by the General
Accounting Office.
``Section 5505 sets forth the authorization of
appropriations.''
Title VI--Impact Aid Program
Section 601--sets forth provisions for payments under
section 8002 with respect to fiscal years in which insufficient
funds are appropriated.
Section 602--contains provisions regarding the calculation
of payment under section 8003 for small local educational
agencies.
Section 603--contains provisions pertaining to school
facility construction.
Section 604--sets forth state consideration of payments in
providing state aid.
Section 605--authorizes appropriations.
Section 606--sets forth provisions regarding the
redesignation of the program.
Title VII--Accountability
Section 701--amends title VII as follows:
``Title VII--Flexibility and Accountability.''
``Part A--State Accountability for Improving Academic Achievement
``Section 7101 sets forth provisions regarding state
financial awards.
``Section 7102 sets forth state sanctions.
``Section 7103 provides for the development of state
standards and assessments.
``Section 7104 authorizes the appropriations.
``Part B--Funding Flexibility For State And Local Educational Agencies
``Section 7201 states the short title as the `State and
Local Transferability Act'.
``Section 7202 states the purpose.
``Section 7203 contains provisions regarding the
transferability of funds.''
Title VIII--General Provisions
Section 801--further amends the Elementary and Secondary
Education Act of 1965, as amended by this act, by adding at the
end of title VII the following:
``Title VIII--General Provisions
``Part A--Definitions
``Section 8101 sets forth definitions for this act.
``Section 8102 states the applicability of this title.
``Section 8103 states the applicability of this act to the
Bureau of Indian Affairs operated schools.
``Part B--Flexibility in the Use of Administrative and Other Funds
``Section 8201 provides for the consolidation of state
administrative funds for elementary and secondary education
programs.
``Section 8202 contains provisions pertaining to single
local educational agency states.
``Section 8203 provides for the consolidation of funds for
local administration.
``Section 8204 provides for a consolidated set-aside for
the Department of the Interior's funds.
``Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
``Section 8301 states the purposes of this part.
``Section 8302 sets forth provisions for optional
consolidated state plans or applications.
``Section 8303 provides for consolidated reporting.
``Section 8304 sets forth the general applicability of
state educational agency assurances.
``Section 8305 sets forth provisions for consolidated local
plans or applications.
``Section 8306 establishes provisions for other general
assurances.
``Part D--Waivers
``Section 8401 contains waivers of statutory and regulatory
requirements.
``Part E--Uniform Provisions
``Section 8501 contains provisions for the maintenance of
effort.
``Section 8502 sets forth a prohibition regarding state
aid.
``Section 8503 sets forth provisions for participation by
private school children and teachers.
``Section 8504 contains standards for a by-pass.
``Section 8505 provides for a complaint process regarding
the participation of private school children.
``Section 8506 sets forth a by-pass determination process.
``Section 8507 sets forth a prohibition against funds being
provided for religious worship or instruction.
``Section 8508 provides that nothing in this act shall be
construed to affect home schools, whether or not a home school
is treated as a home school or a private school under state law
(consistent with section 8509), nor shall any home schooled
student be required to participate in any assessment referenced
in this act.
``Section 8509 provides that nothing in this act shall be
construed to affect any private school that does not receive
funds or services under this act nor shall any student who
attends a private school that does not receive funds or
services under this act be required to participate in any
assessment referenced in this act.
``Section 8510 provides for the privacy of assessment
results.
``Section 8511 sets forth a general provision regarding
nonrecipient nonpublic schools.
``Section 8512 contains provisions regarding school prayer.
``Section 8513 sets forth prohibitions on the use of funds
and sets provisions for local control.
``Section 8514 provides for a prohibition on federal
mandates, direction, and control.
``Section 8515 states that the Secretary shall issue
regulations under this act only to the extent that such
regulations are necessary to ensure that there is compliance
with the specific requirements and assurances required by this
act.
``Section 8516 sets forth reporting requirements.
``Section 8517 prohibits the requirement of approval or
certification of academic content standards or student academic
achievement standards by the federal government.
``Section 8518 sets forth a prohibition on an endorsement
of a curriculum by the Department of Education.
``Section 8519 states that nothing in this act shall be
construed to permit the development of a national database of
personally identifiable information on individuals involved in
studies or in data collection efforts under this act.
``Section 8520 states that if any provision of this act is
held invalid, the remainder of this act shall be unaffected
thereby.
``Part F--Sense of Congress
``Section 8601 expresses the Sense of Congress regarding
paperwork reduction.
``Section 8602 expresses the Sense of Congress regarding a
prohibition on the mandatory national certification of teachers
and paraprofessionals.
``Section 8603 expresses the Sense of Congress pertaining
to a prohibition on federally sponsored testing.
``Section 8604 expresses the Sense of Congress regarding
memorials.
``Part G--Evaluations
``Section 8651 sets forth provisions for conducting
comprehensive program or project evaluations.''
Section 802--contains provisions pertaining to
comprehensive regional assistance centers.
Section 803--sets forth provisions regarding the National
Diffusion Network program.
Section 804--contains provisions pertaining to the
Eisenhower Regional Mathematics and Science Education
Corsortia.
Section 805--contains provisions regarding technology-based
technical assistance.
Section 806--sets forth provisions regarding regional
technical support and professional development.
Title IX--Miscellaneous Provisions
Part A--Amendments to Other Acts
Subpart 1--National Education Statistics Act
Section 901--amends section 411 of the National Education
Statistics Act of 1994.
Subpart 2--Homeless Education
Section 911--establishes the short title of this subpart as
the `McKinney-Vento Homeless Education Assistance Improvements
Act of 2001'.
Section 912--states the findings of Congress.
Section 913--states the purpose of this subpart.
Section 914--amends subtitle B of title VII of Public Law
100-77 as follows:
``Subtitle B--Education for Homeless Children and Youth
``Section 721 states the policy of Congress.
``Section 722 provides grants for state and local
activities for the education of homeless children and youth.
``Section 723 provides local educational agency grants for
the education of homeless children and youth.
``Section 724 sets forth the responsibilities of the
Secretary.
``Section 725 states the definitions of this subtitle.
``Section 726 establishes the authorization of
appropriations.''
Section 915--amends section I of Public Law 106-400
regarding a technical amendment.
Part B--Repeals
Section 921 sets forth provisions that are repealed.
Explanation of Amendments
The Amendment in the Nature of a Substitute is explained in
the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill, H.R. 1, the ``No Child Left Behind Act of
2001,'' authorizes programs of the Elementary and Secondary
Education Act and provides States and school districts with
increased flexibility. The bill does not prevent legislative
branch employees from receiving the benefits of this
legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. H.R. 1 authorizes programs of the Elementary and
Secondary Education Act and provides States and school
districts with increased flexibility. As such, the bill does
not contain any unfunded mandates.
Rollcall Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
Correspondence
Congress of the United States,
House of Representatives,
Washington, DC, May 9, 2001.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: Due to other legislative duties, I was
unavoidably detained during Committee consideration of H.R. 1,
``No Child Left Behind Act of 2001.'' Consequently, I missed
roll call number 1 on the private school choice amendment
offered by Representative Miller. Had I been present, I would
not have voted in favor of the amendment.
I would appreciate your including this letter in the
Committee Report to accompany H.R. 1. Thank you for your
attention to this matter.
Sincerely,
Ernie Fletcher,
Member of Congress.
------
Congress of the United States,
House of Representatives,
Washington, DC, May 9, 2001.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: Due to other legislative duties, I was
unavoidably detained during Committee consideration of H.R. 1,
``No Child Left Behind Act of 2001.'' Consequently, I missed
roll call number 4 on the 21st Century Learning Centers / Safe
and Drug Free Schools amendment offered by Representative
Kildee. Had I been present, I would have voted in favor of the
amendment.
I would appreciate your including this letter in the
Committee Report to accompany H.R. 1. Thank you for your
attention to this matter.
Sincerely,
Ernie Fletcher,
Member of Congress.
------
Congress of the United States,
House of Representatives,
Washington, DC, May 8, 2001.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: Due to other legislative duties, I was
unavoidably detained during Committee consideration of H.R. 1,
``No Child Left Behind Act of 2001.'' Consequently, I missed
roll call number 4 on the amendment offered by Reps. Kildee,
Souder and McCarthy to maintain Safe and Drug Free Schools and
21st Century Learning Centers as distinct programs. Had I been
present, I would have voted in favor of the amendment.
I would appreciate your including this letter in the
Committee Report to accompany H.R. 1. Thank you for your
attention to this matter.
Sincerely,
Todd R. Platts,
Member of Congress.
------
Committee on Education and the Workforce,
Washington, DC, May 9, 2001.
Hon. Henry Hyde,
Chairman, Committee on International Relations,
Rayburn House Office Building, Washington, DC.
Dear Chairman Hyde: This letter is to confirm our agreement
regarding H.R. 1, ``No Child Left Behind Act of 2001,'' which
was considered by the Committee on Education and the Workforce
on May 2, 3, and 9, 2001. I thank you for working with me,
specifically regarding the amendments the Committee included in
H.R. 1, regarding Civic Education programs, specifically the
new Title II, Part C of the Elementary and Secondary Education
Act as included in Section 203(a) of the Committee reported
bill, which are within the jurisdiction of the Committee on
International Relations and the Committee on Education and the
Workforce.
While these provisions are within the jurisdiction of the
Committee on International Relations, I appreciate your
willingness to work with me in moving H.R. 1 forward without
the need for a sequential referral to your Committee. I agree
that this procedural route should not be construed to prejudice
the jurisdictional interest and prerogatives of the Committee
on International Relations on these provisions or any other
similar legislation and will not be considered as precedent for
consideration of matters of jurisdictional interest to your
Committee in the future.
I thank you for working with me regarding this matter. Your
letter and this response will be included in the Committee
report to accompany H.R. 1. If you have questions regarding
this matter, please do not hesitate to call me.
Sincerely,
Joyn Boehner,
Chairman.
------
Committee on Education and the Workforce,
Washington, DC, May 9, 2001.
Hon. Bob Stump,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Stump:
This letter is to confirm our agreement regarding H.R. 1,
``No Child Left Behind Act of 2001,'' which was considered by
the Committee on Education and the Workforce on May 2, 3, and
9, 2001. I thank you for working with me, specifically
regarding the amendments the Committee included in H.R. 1,
regarding Troops to Teacher programs, specifically the new
Title II, Part A, Subpart 4 of the Elementary and Secondary
Education Act as included in the bill as introduced and in
Section 201 of the Committee reported bill, which are within
the jurisdiction of the Committee on Armed Services and the
Committee on Education and the Workforce.
While these provisions are within the jurisdiction of the
Committee on Armed Services, I appreciate your willingness to
work with me in moving H.R. 1 forward without the need for a
sequential referral to your Committee. I agree that this
procedural route should not be construed to prejudice the
jurisdictional interest and prerogatives of the Committee on
Armed Services on these provisions or any other similar
legislation and will not be considered as precedent for
consideration of matters of jurisdictional interest to your
Committee in the future.
I thank you for working with me regarding this matter. Your
letter and this response will be included in the Committee
report to accompany H.R. 1. If you have questions regarding
this matter, please do not hesitate to call me.
Sincerely,
John Boehner, Chairman.
------
Committee on Armed Services,
Washington, DC, May 11, 2001.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear John: In recognition of the desire to expedite floor
consideration of H.R. 1, the No Child Left Behind Act of 2001,
the Committee on Armed Services agrees to waive its right to
consider this legislation. H.R. 1, as introduced and as ordered
reported by the Committee on Education and the Workforce on May
9, 2001, contains subject matter that falls within the
legislative jurisdiction of the Committee on Armed Services
pursuant to rule X of the Rules of the House of
Representatives. Specifically, section 201 of the committee
reported bill, which, in part, amends the Elementary and
Secondary Education Act of 1965 regarding the Troops-to-
Teachers program, is within the jurisdiction of this Committee.
The Committee on Armed Services takes this action with the
understanding that the Committee's jurisdiction over the
provisions in question is in no way diminished or altered, and
that the Committee's right to the appointment of conferees
during any conference on the bill remains intact.
Sincerely,
Bob Stump, Chairman.
------
Committee on Education and the Workforce,
Washington, DC, May 9, 2001.
Hon. Michael G. Oxley,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Chairman Oxley: This letter is to confirm our
agreement regarding H.R. 1, ``No Child Left Behind Act of
2001,'' which was considered by the Committee on Education and
the Workforce on May 2, 3. and 9, 2001. I thank you for working
with me, specifically regarding the amendments the Committee
included in H.R. 1 to the McKinney-Vento Homeless Education
Assistance Improvements Act, specifically Subpart 2 of Part A
of Title IX, which are within the jurisdiction of the Committee
on Financial Services and the Committee on Education and the
Workforce.
While these provisions are within the jurisdiction of the
Financial Services Committee, I appreciate your willingness to
work with me in moving H.R. 1 forward without the need for a
sequential referral to the Committee on Financial Services. I
agree that this procedural route should not be construed to
prejudice the jurisdictional interest and prerogatives of the
Committee on Financial Services on these provisions or any
other similar legislation and will not be considered as
precedent for consideration of matters of jurisdictional
interest to your Committee in the future.
I thank you for working with me regarding this matter. Your
letter and this response will be included in the Committee
report to accompany H.R. 1. If you have questions regarding
this matter, please do not hesitate to call me.
Sincerely,
John Boehner, Chairman.
------
Committee on Financial Services,
Washington, DC, May 9, 2001.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce,
Rayburn House Office Building, Washington, DC.
Dear John: I am writing regarding H.R. 1, the ``No Child
Left Behind Act of 2001'' which was ordered reported by the
Committee on Education and the Workforce today. As you know,
the legislation includes provisions amending the McKinney-Vento
Homeless Education Assistance Improvements Act. Clause 1(g) of
rule X of the Rules of the House of Representatives grants the
Committee on Financial Services jurisdiction over public and
private housing and urban development. Accordingly, amendments
to that Act fall within the jurisdiction of both the Committee
on Financial Services and the Committee on Education and the
Workforce.
Because of your willingness to consult with the Committee
on Financial Services on this matter, and the need to move this
legislation expeditiously, I will waive consideration of the
bill by the Financial Services Committee. By agreeing to waive
its consideration of the bill, the Financial Services Committee
does not waive its jurisdiction over H.R. 1. In addition, the
Committee on Financial Services reserves its authority to seek
conferees on any provisions of the bill that are within the
Financial Services Committee's jurisdiction during any House-
Senate conference that may be convened on this legislation. I
ask your commitment to support any request by the Committee on
Financial Services for conferees on H.R. 1 or related
legislation.
I request that you include this letter and your response as
part of your committee's report on the bill. Thank you for your
assistance in this matter.
Sincerely,
Michael G. Oxley, Chairman.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 1 from the Director of the Congressional Budget
Office:
Congressional Budget Office,
Washington, DC, May 14, 2001.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1, the No Child
Left Behind Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1--No Child Left Behind Act of 2001
Summary: Programs under the Elementary and Secondary
Education Act of 1965 (ESEA) were authorized through 2000 under
the General Education Provisions Act (GEPA). Programs were
authorized in 2001 by the Consolidated Appropriations Act
(Public Law 106-554). H.R. 1 would reauthorize these programs
through 2006. It would also reauthorize parts of the Stuart B.
McKinney Act, the Goals 2000: Educate America Act, and the
National Education Statistics Act.
CBO estimates that authorizations under the bill relative
to current law would total approximately $23 billion in 2002
and about $135 billion over the 2002-2006 period, assuming that
annual levels are adjusted to keep pace with inflation when
specific annual authorizations are not provided. (Without such
inflation adjustments, the authorization total would be about
$132 billion over the 2002-2006 period.) CBO estimates that
appropriations of the authorized levels would result in
additional outlays of $99 billion over the 2002-2006 period,
relative to estimated spending under current law, if inflation
adjustments are included (and about $98 billion without
inflation adjustments).
Enacting the bill would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The programs reauthorized in this bill would provide grants
to state and local education agencies and tribal governments to
assist specific populations of students in meeting state
performance standards. The bill contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA). Any costs incurred by state, local, or
tribal governments would result from complying with conditions
of aid.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1, THE NO CHILD LEFT BEHIND ACT OF 2001
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments For Inflation
Spending Under Current Law:
Budget Authority/Authorization Level \1\........ 17,790 9,928 1,233 0 0 0
Estimated Outlays............................... 14,212 15,036 5,101 972 79 10
Total Proposed Changes:
Estimated Authorization Level................... 0 22,834 24,555 27,526 29,270 30,727
Estimated Outlays............................... 0 1,347 17,480 24,463 27,152 28,952
Spending Under HR. 1:
Estimated Authorization Level................... 17,790 32,762 25,788 27,526 29,270 30,727
Estimated Outlay................................ 14,212 16,382 22,581 25,435 27,231 28,962
Without Adjustments For Inflation
Spending Under Current Law:
Budget Authority/Authorization Level \1\........ 17,790 9,902 1,183 0 0 0
Estimated Outlays............................... 14,212 15,030 5,086 964 77 10
Total Proposed Changes:
Estimated Authorization Level................... 0 22,832 24,328 27,014 28,514 29,714
Estimated Outlays............................... 0 1,346 17,462 24,228 26,681 28,234
Spending Under H.R. 1:
Estimated Authorization Level................... 17,790 32,733 25,511 27,014 28,514 29,714
Estimated Outlays............................... 14,212 16,377 22,548 25,192 26,757 28,243
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year.
Note:--Components may not sum to totals because of rounding.
Basis of estimate: H.R. 1 would authorize funding through
2006 for various programs created under ESEA. These programs
would generally be reauthorized at specific levels for 2002 and
for such sums as may be necessary for 2003 through 2006. Some
programs would be authorized at such sums as may be necessary
in all years. For these programs, CBO assumes continued funding
at their 2001 levels, adjusted for projected inflation in the
top panel of Table 1, and without such inflation adjustments in
the bottom half of Table 1. In Table 1, spending under current
law includes advance appropriations of $8.7 billion in 2002 for
program year 2001-2002. In addition, Impact Aid and Charter
Schools are authorized under current law through 2003.
CBO estimates that H.R. 1 would increase authorized levels
by $22.8 billion in 2002 and by $134.9 billion over the 2002-
2006 period assuming that ``such sums'' amounts provided after
2002 are adjusted for inflation. If the authorized amounts are
appropriated, outlays would increase relative to current law by
$1.3 billion in the first year and by $99.4 billion over the
five-year period. (Without inflation adjustments, the increased
authorizations would result in outlays of $98 billion over the
five years.)
Table 2 presents CBO's estimates with inflation adjustments
for the various components of each title under H.R. 1. CBO's
estimate of authorized levels is generally the authorized
amount for 2002 with those amounts inflated in later years.
(The authorizations for some programs are specified after
2002.) For most existing programs that H.R. 1 would
reauthorize, the estimated outlays reflect CBO's current
spendout rate assumptions. For new programs or significant
revisions to existing programs, an explanation of CBO's
estimate is provided below. Because most education programs
operate on a forward-funded basis, spending in the first year
is consistently slow across most programs, with variation in
spending patterns in the subsequent years.
Title I--Improving the Academic Performance of the
Disadvantaged
Title I of H.R. 1 would reauthorize and revise programs
currently authorized under parts A, B, C, D, and E of Title I
of ESEA. It also would introduce new programs for student
assessments and reading initiatives. H.R. 1 would authorize a
total of $14.3 billion for 2002 for all programs under Title I.
CBO estimates the total funding for Title I for the 2002-2006
period would be $86.9 billion, assuming adjustments for
inflation, with resulting outlays of $63.2 billion over those
five years.
TABLE 2.--DETAILED EFFECTS OF H.R. 1, THE NO CHILD LEFT BEHIND ACT OF 2001, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority/Authorization Level \1\........ 17,790 9,928 1,233 0 0 0
Estimated Outlays............................... 14,212 15,036 5,101 972 79 10
Proposed Changes
Title I--Improving the Academic Performance of the Disadvantaged
Grants to Local Education Agencies (LEAs):
Estimated Authorization Level................... 0 11,500 13,000 14,500 16,000 17,200
Estimated Outlays............................... 0 575 9,275 12,545 14,245 15,730
Reading First:
Estimated Authorization Level................... 0 900 918 935 953 971
Estimated Outlays............................... 0 27 658 823 929 947
Early Reading First:
Estimated Authorization Level................... 0 75 76 78 79 81
Estimated Outlays............................... 0 2 55 69 77 79
Even Start:
Estimated Authorization Level................... 0 275 280 286 291 297
Estimated Outlays............................... 0 8 201 252 284 289
Inexpensive Book Distribution:
Estimated Authorization Level................... 0 24 24 24 25 25
Estimated Outlays............................... 0 1 16 23 24 25
Education of Migratory Children:
Estimated Authorization Level................... 0 420 428 436 445 453
Estimated Outlays............................... 0 21 336 419 435 443
Neglected or Delinquent Youth:
Estimated Authorization Level................... 0 50 51 52 53 54
Estimated Outlays............................... 0 3 40 50 52 53
Comprehensive School Reform:
Estimated Authorization Level................... 0 260 265 270 275 281
Estimated Outlays............................... 0 13 208 259 269 274
Rural Education:
Estimated Authorization Level................... 0 300 306 312 318 324
Estimated Outlays............................... 0 15 210 289 310 316
Capital Expense Account:
Estimated Authorization Level................... 0 6 6 0 0 0
Estimated Outlays............................... 0 (\2\) 5 6 1 0
Federal Activities--Evaluations:
Estimated Authorization Level................... 0 9 9 10 10 10
Estimated Outlays............................... 0 (\2\) 7 9 9 9
Federal Activities--Demonstrations of Innovative
Practices:
Estimated Authorization Level................... 0 2 2 2 2 2
Estimated Outlays............................... 0 (\2\) 2 2 2 2
Allen J. Ellender Fellowship Program:
Estimated Authorization Level................... 0 2 2 2 2 2
Estimated Outlays............................... 0 (\2\) 1 1 2 2
State Administration Grants:
Estimated Authorization Level................... 0 10 10 10 11 11
Estimated Outlays............................... 0 1 8 10 10 11
Assistance for Local School Improvement:
Estimated Authorization Level................... 0 500 510 520 529 540
Estimated Outlays............................... 0 25 400 498 518 528
Subtotal, Title I:
Estimated Authorization Level........... 0 14,332 15,888 17,437 18,992 20,250
Estimated Outlays....................... 0 692 11,423 15,255 17,169 18,708
Title II--Preparing, Training, and Recruiting Quality Teachers
Grants to States:
Estimated Authorization Level................... 0 3,600 3,670 3,741 3,911 3,885
Estimated Outlays............................... 0 180 2,524 3,473 3,720 3,790
Troops to Teachers:
Estimated Authorization Level................... 0 50 51 52 53 54
Estimated Outlays............................... 0 3 35 48 52 53
National Writing Project:
Estimated Authorization Level................... 0 10 10 11 11 11
Estimated Outlays............................... 0 1 8 10 11 11
We the People:
Estimated Authorization Level................... 0 10 10 10 11 11
Estimated Outlays............................... 0 1 8 10 10 11
Cooperative Civic Education and Economic Exchange
Programs:
Estimated Authorization Level................... 0 12 13 13 13 13
Estimated Outlays............................... 0 1 10 12 13 13
Subtotal, Title II:
Estimated Authorization Level........... 0 3,683 3,755 3,827 3,899 3,975
Estimated Outlays....................... 0 186 2,585 3,554 3,805 3,878
Title III--Education of Limited English Proficient and Immigrant Children; Indian and Alaska Native Education
English Language and Academic Instructional
Programs:
Estimated Authorization Level................... 0 750 765 779 794 809
Estimated Outlays............................... 0 38 526 724 775 790
Indian Education:
Estimated Authorization Level................... 0 100 102 104 106 108
Estimated Outlays............................... 0 5 80 100 104 106
Special Programs and National Research Activities:
Estimated Authorization Level................... 0 25 25 26 26 27
Estimated Outlays............................... 0 1 20 25 26 26
Alaska Native Education:
Estimated Authorization Level................... 0 15 15 16 16 16
Estimated Outlays............................... 0 1 11 14 15 16
Administrative Costs:
Estimated Authorization Level................... 0 1 1 1 1 1
Estimated Outlays............................... 0 (2) 1 1 1 1
Early Childhood Development:
Estimated Authorization Level................... 0 10 10 10 11 11
Estimated Outlays............................... 0 3 10 10 10 11
Tribal Departments or Divisions of Education:
Estimated Authorization Level................... 0 2 2 2 2 2
Estimated Outlays............................... 0 1 2 2 2 2
Subtotal, Title III:
Estimated Authorization Level........... 0 903 921 938 956 975
Estimated Outlays....................... 0 48 649 876 933 951
Title IV--Promoting Informed Parental Choice and Innovative Program
State and Local Innovative Program:
Estimated Authorization Level................... 0 450 459 468 476 486
Estimated Outlays............................... 0 23 315 434 465 474
Arts in Education:
Estimated Authorization Level................... 0 29 29 30 30 31
Estimated Outlays............................... 0 1 20 28 30 30
Gifted and Talented:
Estimated Authorization Level................... 0 8 8 8 8 8
Estimated Outlays............................... 0 1 6 8 8 8
Charter Schools 3:
Estimated Authorization Level................... 0 31 31 234 238 243
Estimated Outlays............................... 0 2 22 40 173 227
Magnet Schools:
Estimated Authorization Level................... 0 125 127 130 132 135
Estimated Outlays............................... 0 6 88 121 129 132
Women's Educational Equity:
Estimated Authorization Level................... 0 3 3 3 3 3
Estimated Outlays............................... 0 (2) 2 3 3 3
Subtotal, Title IV:
Estimated Authorization Level........... 0 645 658 872 889 906
Estimated Outlays....................... 0 33 453 633 808 874
Title V--21st Century Schools
Safe Schools:
Estimated Authorization Level................... 0 475 484 494 503 513
Estimated Outlays............................... 0 24 333 458 491 500
21st Century Community Learning Centers:
Estimated Authorization Level................... 0 900 918 935 953 971
Estimated Outlays............................... 0 108 722 898 933 951
National Programs:
Estimated Authorization Level................... 0 60 60 60 60 60
Estimated Outlays............................... 0 3 42 57 60 60
Enhancing Education Through Technology:
Estimated Authorization Level................... 0 1,000 1,020 1,039 1,059 1,079
Estimated Outlays............................... 0 100 652 965 1,033 1,053
Ready To Learn--Ready To Teach:
Estimated Authorization Level................... 0 25 25 25 26 26
Estimated Outlays............................... 0 2 16 24 25 26
Character Education:
Estimated Authorization Level................... 0 25 25 26 26 27
Estimated Outlays............................... 0 3 20 25 26 26
Elementary and Secondary School Counseling:
Estimated Authorization Level................... 0 31 31 32 32 33
Estimated Outlays............................... 0 4 25 31 32 32
Mentoring:
Estimated Authorization Level................... 0 50 51 52 53 54
Estimated Outlays............................... 0 2 34 48 52 53
Subtotal, Title V:
Estimated Authorization Level........... 0 2,565 2,614 2,663 2,712 2,764
Estimated Outlays....................... 0 245 1,844 2,505 2,652 2,701
Title VI--Impact Aid \3\
Basic Program:
Estimated Authorization Level................... 0 0 0 937 954 973
Estimated Outlays............................... 0 0 0 843 934 971
Payments for Children with Disabilities:
Estimated Authorization Level................... 0 0 0 53 54 55
Estimated Outlays............................... 0 0 0 48 53 55
Facilities Maintenance:
Estimated Authorization Level................... 0 0 0 8 9 9
Estimated Outlays............................... 0 0 0 8 8 9
Construction:
Estimated Authorization Level................... 0 137 140 156 159 162
Estimated Outlays............................... 0 123 137 154 158 162
Payments for Federal Property:
Estimated Authorization Level................... 0 0 0 43 44 45
Estimated Outlays............................... 0 0 0 39 43 45
Subtotal, Title VI:
Estimated Authorization Level........... 0 137 140 1,198 1,220 1,244
Estimated Outlays....................... 0 123 137 1,092 1,197 1,241
Title VII--Accountability
Achievement in Education Awards:
Estimated Authorization Level................... 0 40 41 42 42 43
Estimated Outlays............................... 0 1 27 39 41 42
Grants for Independent Assessments and
Administration of Assessments Under NAEP:
Estimated Authorization Level................... 0 69 70 72 73 74
Estimated Outlays............................... 0 2 47 67 71 73
Development and Administration of State Standards
and Assessments:
Estimated Authorization Level................... 0 400 408 416 423 432
Estimated Outlays............................... 0 12 272 386 413 421
Subtotal, Title VII:
Estimated Authorization Level................... 0 509 519 529 539 549
Estimated Outlays............................... 0 15 346 491 526 536
Title IX--Miscellaneous Provisions
Homeless Education:
Estimated Authorization Level................... 0 60 61 62 64 65
Estimated Outlays............................... 0 3 42 58 62 63
Total Proposed Changes:
Estimated Authorization Level........... 0 22,834 24,555 27,526 29,270 30,727
Estimated Outlays....................... 0 1,347 17,480 24,463 27,152 28,952
Total Spending Under H.R. 1:
Estimated Authorization Level........... 17,790 32,762 25,788 27,526 29,270 30,727
Estimated Outlays....................... 14,212 16,382 22,581 25,435 27,231 28,962
----------------------------------------------------------------------------------------------------------------
\1\The 2001 level is the amount appropriated for that year.
\2\ Less than $500,000.
\3\ The Charter Schools and Impact Aid programs are currently authorized until 2003. Table 2 shows only new
authorizations. See text for a description of total authorizations.
Note.--Components may not sum to totals because of rounding.
Part A--Basic Program. H.R. 1 would reauthorize the Basic,
Concentration, and Targeted Grant Programs currently authorized
under Part A of Title I, phase out the capital expense account,
add new requirements for states to develop more specific
standards and assessments, and require states to report
annually on the results of the assessments.
The bill would authorize $11.5 billion for 2002, $13
billion for 2003, $14.5 billion for 2004, $16 billion for 2005,
and $17.2 billion for 2006 for basic and concentration grants
under Part A. The comparable funding for the 2001-2002 academic
year is $8.6 billion.
H.R. 1 also would authorize $10 million in 2002 for
additional state administration grants and $500 million in 2002
for the Assistance for Local School Improvement program. States
would use the funds to assist local educational agencies (LEAs)
and schools which are in school improvement status.
H.R. 1 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
administeredin neutral settings. In response to the 1997
Supreme Court ruling that overturned this requirement, H.R. 1 would
phase out funding over two years, authorizing $6 million annually for
2002 and 2003. The funding level for 2001 is also $6 million.
The bill would amend Part A of Title I to include more
specific standards and assessment requirements for state plans.
H.R. 1 would require states to include performance indicators
in their plans as well as sanctions and rewards for LEAs. State
progress would be measured by each state according to its state
plan. It also would require states to assess all students
annually in grades 3 through 8 in mathematics and reading, and
measure the outcomes of the assessments against the state
content and student performance standards established in the
state plans, beginning no later than school year 2005-2006.
The bill also would require that states produce annual
report cards on student achievement performance at each
proficiency level on the state assessments. It would also
require states to administer assessments under either the
National Assessment of Education Progress (NAEP) or another
academic assessment to affirm the quality of state assessments.
In addition, H.R. 1 would establish penalties for states
failing to meet the deadlines for creating standards and a
system for measuring progress. States that fall to meet the
deadlines outlined in the bill would have 25 percent of their
funds for both state administration and activities withheld in
each year until the Secretary of Education determines the state
meets those requirements.
Part B--Student Reading Skills Improvement Grants. H.R. 1
would reauthorize funding for the Even Start Literacy program,
currently Part B in Title I of ESEA, and the Inexpensive Book
Distribution Program, currently authorized under Part E of
Title X of ESEA, and create two new reading programs--the
Reading First program and the Early Reading First program.
H.R. 1 would authorize $900 million in 2002 for the Reading
First program. The Reading First program replaces the Reading
Excellence program, which is currently authorized under Part C
of Title II of ESEA. The Reading Excellence program is funded
at $286 million in 2001. The Reading First program would first
provide formula grants to states. States would award grants
competitively to LEAs. The program would allow states to apply
for grants if funds remain. The Reading Excellence program uses
a two-tier competitive grant structure, which has resulted in
slow spending in the first two years relative to formula grant
or one-tier competitive grant programs. CBO estimates that
spending for the Reading First program would be at a rate
comparable to spending for other formula grants to states with
competitive grants to LEAs.
H.R. 1 also would create a new program for pre-school
reading programs. The Early Reading First program would provide
competitive grants to LEAs or private organizations to develop
and provide pre-school reading programs. H.R. 1 would authorize
$75 million for the Early Reading First program.
The bill would authorize $250 million for the Even Start
program, the same amount that was appropriated for 2001.
Finally, H.R. 1 would authorize such sums as may be
necessary for 2002 through 2006 for the Inexpensive Book
Distribution Program. CBO assumes funding of $24 million in
2002 based on the 2001 funding adjusted for inflation.
Part C--Education of Migratory Children. H.R. 1 would
authorize $420 million in 2002 to continue to fund grants to
support the needs of children of migrant workers, currently
authorized under Part C of Title I. Funding in 2001 for the
Migrant Education program is $380 million.
Part D--Neglected or Delinquent Youth. H.R. 1 would
authorize $50 million in 2002 to reauthorize grants for
education programs for neglected or delinquent youth, compared
with the 2001 funding level of $46 million.
Part E--Federal Evaluations and Demonstrations. H.R. 1
would authorize $9 million in 2002 for a national assessment of
activities authorized under Title I including the
implementation of state standards, assessments, and
accountability systems.
The bill also would authorize such sums as may be necessary
for 2002 through 2006 for Federal Demonstrations of Innovative
Practices. CBO assumes continued funding of about $2 million a
year.
H.R. 1 also would reauthorize funding for the Allen J.
Ellender Fellowship Program. It would authorize such sums as
may be necessary for 2002 through 2006. CBO assumes continued
funding of about $2 million a year.
Part F--Comprehensive School Reform. H.R. 1 would authorize
$260 million in 2002 to provide grants to states and subgrants
to LEAs for comprehensive school reform. The program received
$210 million in 2001.
Part G--Rural Education Flexibility and Assistance. H.R. 1
would create a new Rural Education program to replace the Urban
and Rural Education Assistance Program, currently authorized
under Part J of Title X of ESEA. The bill would authorize the
program at $300 million in 2002, of which $150 million would be
distributed to LEAs for a RuralEducation Flexibility formula
grant program, and $150 million for a Rural Education Assistance
program.
The flexibility program would allow LEAs to use the
additional funds to carry out several different activities
authorized by ESEA. The Rural Education Assistance program
would allocate funds to small and low-income rural schools for
initiatives to improve student academic achievement including
teacher professional development, teacher recruitment,
educational technology, and parental involvement. The Urban and
Rural Education Assistance Program was not funded in 2001.
Title II--Preparing, Training, and Recruiting Quality
Teachers
Title II would authorize a total of $3.7 billion for 2002
for several initiatives that address teacher hiring,
recruitment, and professional development. CBO estimates that
implementing this title would cost $19.1 billion over the 2002-
2006 period.
Teacher Quality Training and Recruiting Fund State Grants
and Mathematics and Science Partnerships. H.R. 1 would
authorize a total of $3.6 billion to fund both a formula grant
to states and the Math and Science Partnership Program. The
State Grants program would 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 in 2001 is $1.9
billion under the Eisenhower Professional Development and the
Class Size Reduction programs. CBO assumes a spending rate
consistent with the rate of spending for other new formula
grant programs.
The Math and Science Partnerships program would replace the
existing Eisenhower Regional Mathematics and Science Education
Consortia currently authorized in Title XIII, Part C. The
Mathematics and Science Partnerships program would provide
grants to partnerships of states, local institutions, and
institutions of higher education to offer summer and distance
education workshops for math and science teachers, establish
recruitment strategies, and provide other career development
activities.
Troops-to-Teachers. H.R. 1 would authorize $50 million in
2002 to fund the Troops-to-Teachers program administered by the
Department of Defense. The program assists former members of
the armed forces to obtain certification or licensure as
elementary school teachers, secondary school teachers, or
vocational or technical teachers. The program was authorized in
2001 by the Consolidated Appropriations Act (Public Law 106-
554) and funding in 2001 was $3 million.
National Writing Project. H.R. 1 also would reauthorize the
National Writing Project currently authorized in Title X, Part
K, and set funding at such sums as may be necessary in 2002
through 2006. CBO assumes funding will continue at the 2001
level adjusted for inflation, or $10 million in 2002 and $53
million over the 2002-2006 period.
Cooperative Civic Education and Economic Exchange Programs.
H.R. 1 would combine the Civic Education and International
Education programs, reauthorize both as Cooperative Civic
Education and Economic Exchange programs, and set funding at
such sums as may be necessary in 2002 through 2006. CBO assumes
funding would continue at the combined funding level of $12
million in 2002, with a five-year total of $65 million.
The bill would also reauthorize the We the People Program,
currently administered by the Center for Civic Education,
providing a separate authorization at such sums as may be
necessary. Funding in 2001 was provided as a set-aside within
the Civic Education program of $9.85 million. With inflation,
CBO estimates the 2002 authorization would be $10.1 million,
and the five-year total would be $52 million.
Title III--Education of Limited English Proficient
Children; Indian and Alaska Native Education
H.R. 1 would authorize $903 million for programs in English
language instruction, and programs for Indian and Alaska Native
education. CBO estimates that implementing this title would
cost $4.7 billion over the 2002-2006 period.
Part A--Education of Limited English Proficient and
Immigrant Children. H.R. 1 would authorize $750 million to fund
formula grants to states for English language and academic
instructional programs. The block grants would fund programs
currently authorized under the Bilingual Education program in
Title VII of ESEA. The Bilingual Education Program, Foreign
Language Assistance Program, and the Emergency Immigrant
Education programs would be eliminated. The total of funding
for all three programs in 2001 is $460 million.
Part B--Indian and Alaska Native Education. H.R. 1 would
reauthorize Indian and Alaska Native Education programs
currently authorized under Title IX of ESEA. For 2002, the bill
would authorize $100 million for Indian Education grants and
$25 million for special programs and projects to improve
educational opportunities for Indian children and national
research activities. Indian Education grants were funded at $93
million in 2001 and special programs and national activities
were funded at $23 million in 2001.
H.R. 1 would authorize $15 million for 2002 for Alaskan
Native Education, the same amount appropriated for 2001.
Bureau of Indian Affairs (BIA) Programs. The Bureau of
Indian Affairs within the Department of the Interior also
provides educational assistance to Native Indian children. Most
BIA programs are permanently authorized at such sums as may be
necessary under the Snyder Act of 1921 (Public Law 65-85). CBO
assumes continued funding of these programs at their 2001
levels adjusted for inflation. This funding, which totals an
estimated $3.2 billion over the 2002-2006 period, is unaffected
by H.R. 1 and is not included in the totals presented in Tables
1 and 2.
H.R. 1 would establish a minimum funding level for
administrative cost grants to BIA-run schools. CBO estimates
this provision would increase costs by approximately $1 million
in each of the five years.
The Early Childhood Development Program and the Tribal
Departments of Education are not permanently authorized. H.R. 1
would reauthorize both of these programs through 2006, with
specified levels for 2002 of $10 million for the Early
Childhood Development program and $2 million for the Tribal
Departments of Education. The Early Childhood Development
program received $12 million in 2001 and Tribal Departments
received $2 million in 2001.
Title IV--Promoting Informed Parental Choice and Innovative
Programs
Title IV would authorize $645 million in 2002 for several
programs previously authorized under other titles of ESEA.
Programs authorized under Title IV include State and Local
Innovative Education Programs, Arts in Education, Gifted and
Talented, Charter Schools, School Choice Research and
Demonstration Educational Opportunity Fund, Magnet Schools, and
Women's Educational Equity. CBO estimates that implementing
this title would cost $4 billion over the 2002-2006 period.
State and Local Innovative Education Programs. H.R. 1 also
would authorize $450 million to continue the Innovative
Education Program. The program is currently authorized under
Title VI of ESEA. This program is funded at $385 million in
2001.
Arts in Education. The bill would authorize an estimated
$29 million in 2002 for the Arts in Education program currently
authorized under ESEA. Funding in 2001 was $28 million.
Gifted and Talented. H.R. 1 would authorize an estimated $8
million in 2002 for competitive grants to states for programs
that identify and challenge gifted and talented students under
the Gifted and Talented program currently authorized under
Title X, Part B of ESEA. Funding in 2001 was $8 million.
Charter Schools. The bill would reauthorize the Charter
School program, currently authorized through 2003 under the
Charter School Expansion Act (Public Law 105-278). H.R. 1 would
authorize $225 million for 2002 and extend the authorization
through 2006. Funding in 2001 was $190 million.
Magnet Schools Assistance. H.R. 1 would reauthorize $125
million for 2002 to continue the Magnet Schools Assistance
program currently authorized under Part A of Title V. Funding
in 2001 is $110 million.
Women's Educational Equity. Finally, the bill would
authorize $3 million in 2002 for the Women's Educational Equity
program. Funding in 2001 was also $3 million.
Title V--21st Century Schools
H.R. 1 would authorize a total of $2.6 billion in 2002 for
Safe Schools state grants, 21st Century Community Learning
Centers, School Safety national programs, Enhancing Education
Through Technology, Character Education, Elementary and
Secondary School Counseling, and mentoring programs. CBO
estimates that implementing this title would cost $13.3 billion
over the 2002-2006 period.
Safe Schools. The bill would authorize $475 million in 2002
for the Safe Schools state grant program currently authorized
as the Safe and Drug Free Community Program under Title IV of
ESEA. In 2001, total funding for the Safe and Drug Free
Community Program and the Safe and Drug Free Community
Coordinator Initiative was $489 million.
21st Century Community Learning Centers. H.R. 1 would
authorize $900 million in 2002 for the 21st Century Community
Learning Centers program, currently authorized under Part I of
Title X. The program was funded at $846 million in 2001.
National Programs. The bill would authorize $60 million in
2002 for national programs, which are currently funded at $155
million.
Enhancing Education Through Technology. H.R. 1 would
authorize a total of $1.0 billion in 2002 for formula block
grants to states to provide assistance to states and localities
in implementing innovative technology initiatives. The
Enhancing Education Through Technology program would replace
many smaller programs currently authorized underTitle III of
ESEA including the Literacy Challenge Fund, Innovative Challenge Fund,
National Leadership, Technology Leadership, Teacher Training,
Community-Based Centers, and Star Schools. The combined funding level
in 2001 is $856 million for those programs. CBO assumes that the rates
of spending for this program would be similar to other formula grant
programs.
Ready To Learn--Ready To Teach. H.R. 1 would combine the
Ready to Learn Television program and the Telecommunication
Demonstration Project for Math, reauthorize the program as the
Ready To Learn--Ready To Teach program, and authorize $24.5
million in 2002.
Character Education. H.R. 1 would reauthorize the Character
Education program, currently authorized as part of the Fund for
the Improvement of Education by Title X of ESEA. The bill would
authorize $25 million for 2002. Funding in 2001 is $8.2
million.
Elementary and Secondary School Counseling Programs. The
bill would reauthorize the Elementary and Secondary School
Counseling programs currently authorized under Title X of ESEA
(also as part of the Fund for the Improvement of Education),
H.R. 1 would create a separate authorization and would
authorize such sums as may be necessary for 2002. The program
was funded at $30 million in 2001 and CBO assumes funding would
continue at the 2001 level adjusted for inflation. Thus, CBO
estimates funding for the programs in 2002 would be $31
million.
Mentoring Programs. H.R. 1 would create a new competitive
grant program to fund LEAS, nonprofit organizations and other
agencies or partnerships that create personal mentorship
programs for high-need children. It would authorize $50 million
in 2002 and such sums as may be necessary for each of the
fiscal years 2003 through 2006. CBO assumes that spending would
occur at rate consistent with other competitive grant programs.
Title VI--Impact Aid
Impact Aid programs were reauthorized in 1999 under the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-398). That law authorized
appropriations through 2003. Title VI would authorize $150
million in 2002 for construction and also extend all Impact Aid
authorizations through 2006 to match other programs
reauthorized by this bill. CBO estimates that implementing this
title would cost $3.9 billion over the 2002-2006 period.
Title VII--Accountability
H.R. 1 would authorize a total of $509 million in 2002 for
development and administration of state standards and
assessments, administration of assessments under the National
Assessment of Educational Progress (NAEP) and independent
assessments, and achievement awards for states. CBO estimates
that implementing this title would cost $2.6 billion over the
2002-2006 period.
Achievement in Education Awards. H.R. 1 would authorize $40
million in 2002 for a new Education Award program that would
allow the Secretary of Education to award grants to states that
make significant progress in overall student achievement,
economically disadvantaged students' achievement, and the
English proficiency of non-English proficient students. H.R. 1
would also authorize the Secretary to award bonus payments to
states that complete the development of state assessments in
advance of the deadline. States would make awards to schools
that make the most progress in the state.
The bill also would establish penalties for states based on
state assessment results. States that fail to make yearly
progress for two consecutive years could have their
administrative funds re-
duced up to 30 percent. States that fail to make progress in
subse-
quent years could have up to 75 percent of their administrative
funds reduced. CBO expects that this provision would not
significantly change spending.
Development of State Standards and Assessments. H.R. 1
would authorize $400 million in 2002 for the development and
administration of state standards and assessments described in
title I of this bill.
Grants for Independent Assessments and Administration of
State Assessments Under NAEP. The bill also would authorize $69
million for states to administer assessments of fourth and
eighth grade reading and mathematics under NAEP, and to offset
the cost of independent assessments described in title I of
this bill.
Funding Flexibility for State and Local Education Agencies.
H.R. 1 would allow states to transfer up to 50 percent of non-
administrative funds between the Teacher Quality, State and
Local Innovative Programs, Safe Schools, 21st Century Community
Learning Centers, and Enhancing Education Through Technology
programs. H.R. 1 would also allow states to transfer fund from
these programs into its allocation under title I of this bill.
CBO expects that this provision would not significantly change
spending.
Title VIII--General Provisions
Flexibility and Coordination. H.R. 1 would allow state
educational agencies to consolidate funds for administration of
programs. It also would allow state educational agencies to
submit a consolidated state plan or application for each of the
programs in which the state participates or applies. CBO
anticipates that these provisions would have no budgetary
effect.
Title IX--Miscellaneous Provisions
The bill would authorize a total of $60 million in 2002 for
education for homeless children and youth and such sums as may
be necessary for 2003 through 2006. CBO estimates that
implementing this title would cost $312 million over the 2002-
2006 period.
Homeless Education. H.R. 1 would amend and reauthorize
Subtitle B of Title VII of the Stewart D. McKinney Homeless
Assistance Act, authorizing $60 million for education for
homeless children and youth in 2002. The appropriation for 2001
was $35 million.
Repeals. H.R. 1 would repeal Parts A and C of Title II, and
Title VI of the Goals 2000: Educate America Act; the Troops to
Teachers Act of 1999; Titles IX, XI, XII, and XIV of ESEA; and
Parts A, B, C, D, F, G, I, J, and L of Title X of ESEA; and
sections 13001 and 13002 of Title XIII of ESEA.
Programs that would be repealed in H.R. 1 that do not have
similar activities authorized elsewhere in the bill include:
Native Hawaiian Education (Part B of Title IX),
Fund for Improvement of Education (Part A of Title X,
except counseling services),
Urban Education (Subpart 1 of Part J of Title X),
Physical Education for Progress (Part L of Title X),
Coordinated Services (Title XI),
School Facilities Infrastructure Improvement Act
(Title XII), and
National Education Goals Panel (Parts A and C of
Title II of Goals 2000).
Pay as you go considerations: None.
Estimated impact on state, local, and tribal governments:
The bill would reauthorize certain sections of the Elementary
and Secondary Education Act of 1965 and would authorize about
$23 billion in grants to state and local education agencies and
tribal governments to support their efforts in 2002 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.
Estimate prepared by: Federal costs: Donna Wong; 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.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House rule XIII, the
goals of H.R. 1 are to transform the federal role in education
and advance our nation's education priorities. The bill
reauthorizes the Elementary and Secondary Education Act of 1965
and fundamentally reforms the Act by increasing accountability
for student performance, focusing on what works, reducing
bureaucracy, increasing flexibility, and empowering parents.
Key components of the legislation include: (1) closing the
achievement gap through high State academic standards, annual
State academic assessments, and consequences for schools that
fail to teach; (2) promoting parental empowerment through
reports to parents on the performance of States and schools,
assisting charter schools, expanding public school choice, and
allowing students in failing schools to receive supplementary
educational services from a provider of their parent's choice;
(3) improving literacy by focusing on reading in the early
grades and early childhood reading instruction; (4) expanding
freedom to teach and learn by increasing flexibility in Title I
and reducing duplicative and excessive programs and
regulations; (5) rewarding success and sanctioning failure by
providing financial rewards for States that improve academic
achievement and narrow the achievement gap, and reducing
federal funds to States that fail to demonstrate results; (6)
improving teacher quality by ensuring that all students are
taught by fully qualified teachers, encouraging professional
development based on research, and strengthening math and
science education; and (7) making schools safer by protecting
teachers from frivolous lawsuits, promoting school safety,
allowing students to escape unsafe schools, and supporting
character education. The Committee expects the Department of
Education to comply with H.R. 1 and implement the changes to
the law in accordance with these stated goals.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 1. The Committee
believes that the amendments made by this bill to the
Elementary and Secondary Education Act are within Congress'
authority under Article I, section 8, clause 1 of the
Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 1. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
SECTION 1. TABLE OF CONTENTS.
This Act may be cited as the ``Elementary and Secondary
Education Act of 1965''.
TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
[SEC. 1001. 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 years 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
disadvantaged 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 improvement
is in schools with high concentrations of children from
low-income families and achieving the National
Education Goals will not be possible without
substantial improvement 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 the 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 student performance.
[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
[(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated $7,400,000,000 for fiscal year
1995 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 $250,000,000 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 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 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.
[(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 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.
[SEC. 1003. 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 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, each State shall be eligible to receive an amount
that bears the same ratio to the amount appropriated as the
amount allocated to the State under this part (other than
section 1120(e)) bears to the total amount allocated to all
States under this part (other than section 1120(e)).
[PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
[Subpart 1--Basic Program Requirements
[SEC. 1111. STATE PLANS.
[(a) Plans Required.--
[(1) In general.--Any State desiring to receive a
grant under this part shall submit to the Secretary 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, and other Acts, as
appropriate, consistent with section 14306.
[(2) Consolidation plan.--A State plan submitted
under paragraph (1) may be submitted as part of a
consolidation plan under section 14302.
[(b) Standards and Assessments.--
[(1) Challenging standards.--(A) Each State plan
shall demonstrate that the State has developed or
adopted challenging content standards and challenging
student performance standards that will be used by the
State, its local educational agencies, and its schools
to carry out this part, except that a State shall not
be required to submit such standards to the Secretary.
[(B) 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).
[(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.
[(D) Standards under this paragraph shall include--
[(i) challenging content standards in
academic subjects that--
[(I) specify what children are
expected to know and be able to do;
[(II) contain coherent and rigorous
content; and
[(III) encourage the teaching of
advanced skills;
[(ii) challenging student performance
standards that--
[(I) are aligned with the State's
content standards;
[(II) describe two levels of high
performance, proficient and advanced,
that determine how well children are
mastering the material in the State
content standards; and
[(III) describe a third level of
performance, partially proficient, to
provide complete information about the
progress of the lower performing
children toward achieving to the
proficient and advanced levels of
performance.
[(E) For the subjects in which students will be
served under this part, but for which a State is not
required by subparagraphs (A), (B), and (C) to develop,
and has not otherwise developed such standards, the
State plan shall describe a strategy for ensuring that
such students are taught the same knowledge and skills
and held to the same expectations as are all children.
[(2) Yearly progress.--
[(A) Each State plan shall demonstrate, based
on assessments described under paragraph (3),
what constitutes adequate yearly progress of--
[(i) any school served under this
part toward enabling children to meet
the State's student performance
standards; and
[(ii) any local educational agency
that received funds under this part
toward enabling children in schools
receiving assistance under this part to
meet the State's student performance
standards.
[(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.
[(3) Assessments.--Each State plan shall demonstrate
that the State has developed or adopted a set of high-
quality, yearly student assessments, including
assessments in at least mathematics and reading or
language arts, that will be used as the primary means
of determining the yearly performance of each local
educational agency and school served under this part in
enabling all children served under this part to meet
the State's student performance standards. Such
assessments shall--
[(A) be the same assessments used to measure
the performance of all children, if the State
measures the performance of all children;
[(B) be aligned with the State's challenging
content and student performance standards and
provide coherent information about student
attainment of such standards;
[(C) be used for purposes for which such
assessments are valid and reliable, and be
consistent with relevant, nationally recognized
professional and technical standards for such
assessments;
[(D) measure the proficiency of students in
the academic subjects in which a State has
adopted challenging content and student
performance standards and be administered at
some time during--
[(i) grades 3 through 5;
[(ii) grades 6 through 9; and
[(iii) grades 10 through 12;
[(E) involve multiple up-to-date measures of
student performance, including measures that
assess higher order thinking skills and
understanding;
[(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;
[(G) include students who have attended
schools in a local educational agency for a
full academic year but have not attended a
single school for a full academic year, however
the performance of students who have attended
more than one school in the local educational
agency in any academic year shall be used only
in determining the progress of the local
educational agency;
[(H) provide individual student interpretive
and descriptive reports, which shall include
scores, or other information on the attainment
of student performance standards; and
[(I) enable results to be disaggregated
within each State, local educational agency,
and school by gender, by each major racial and
ethnic group, by English proficiency status, by
migrant status, by students with disabilities
as compared to nondisabled students, and by
economically disadvantaged students as compared
to students who are not economically
disadvantaged.
[(4) Special rule.--Assessment measures that do not
meet the requirements of paragraph (3)(C) may be
included as one of the multiple measures, if a State
includes in the State plan information regarding the
State's efforts to validate such measures.
[(5) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
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.
[(6) Standard and assessment development.--(A) A
State that does not have challenging State content
standards and challenging State student performance
standards, in at least mathematics and reading or
language arts, shall develop such standards within one
year of receiving funds under this part after the first
fiscal year for which such State receives such funds
after the date of enactment of the Improving America's
Schools Act of 1994.
[(B) A State that does not have assessments that meet
the requirements of paragraph (3) in at least
mathematics and reading or language arts shall develop
and test such assessments within four years (one year
of which shall be used for field testing such
assessment), of receiving funds under this part after
the first fiscal year for which such State receives
such funds after the date of enactment of the Improving
America's Schools Act of 1994 and shall develop
benchmarks of progress toward the development of such
assessments that meet the requirements of paragraph
(3), including periodic updates.
[(C) The Secretary may extend for one additional year
the time for testing new assessments under subparagraph
(B) upon the request of the State and the submission of
a strategy to correct problems identified in the field
testing of such new assessments.
[(D) If, after the one-year period described in
subparagraph (A), a State does not have challenging
State content and challenging student performance
standards in at least mathematics and reading or
language arts, a State shall adopt a set of standards
in these subjects such as the standards and assessments
contained in other State plans the Secretary has
approved.
[(E) If, after the four-year period described in
subparagraph (B), a State does not have assessments, in
at least mathematics and reading or language arts, that
meet the requirement of paragraph (3), and is denied an
extension under subparagraph (C), a State shall adopt
an assessment that meets the requirement of paragraph
(3) such as one contained in other State plans the
Secretary has approved.
[(7) Transitional assessments.--(A) If a State does
not have assessments that meet the requirements of
paragraph (3) and proposes to develop such assessments
under paragraph (6)(B), the State may propose to use a
transitional set of yearly statewide assessments that
will assess the performance of complex skills and
challenging subject matter.
[(B) For any year in which a State uses transitional
assessments, the State shall devise a procedure for
identifying local educational agencies under paragraphs
(3) and (7) of section 1116(d), and schools under
paragraphs (1) and (7) of section 1116(c), that rely on
accurate information about the academic progress of
each such local educational agency and school.
[(8) Requirement.--Each State plan shall describe--
[(A) how the State educational agency will
help each local educational agency and school
affected by the State plan develop the capacity
to comply with each of the requirements of
sections 1112(c)(1)(D), 1114(b), and 1115(c)
that is applicable to such agency or school;
and
[(B) such other factors the State deems
appropriate to provide students an opportunity
to achieve the knowledge and skills described
in the challenging content standards adopted by
the State.
[(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
[(1)(A) the State educational agency will implement a
system of school support teams under section 1117(c),
including provision of necessary professional
development for those teams;
[(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 technical assistance under section
1117; and
[(C)(i) where educational service agencies exist, the
State educational agency will consider providing
professional development and technical assistance
through such agencies; and
[(ii) where educational service agencies do not
exist, the State educational agency will consider
providing professional development and technical
assistance through other cooperative agreements such as
through a consortium of local educational agencies;
[(2) the State educational agency will notify local
educational agencies and the public of the standards
and assessments developed under this section, and of
the authority to operate schoolwide programs, and will
fulfill the State educational agency's responsibilities
regarding local educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
[(3) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
[(4) the State educational agency will encourage the
use of funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs
under section 1114;
[(5) 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;
[(6) 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; and
[(7) the State educational agency will encourage
local educational agencies and individual schools
participating in a program assisted under this part to
offer family literacy services (using funds under this
part), if the agency or school determines that a
substantial number of students served under this part
by the agency or school have parents who do not have a
high school diploma or its recognized equivalent or who
have low levels of literacy.
[(d) Peer Review and Secretarial Approval.--
[(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;
[(C) following an initial peer review,
approve a State plan the Secretary determines
meets the requirements of subsections (a), (b),
and (c);
[(D) if the Secretary determines that the
State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify
the State of such determination and the reasons
for such determination;
[(E) not decline to approve a State's plan
before--
[(i) offering the State an
opportunity to revise its plan;
[(ii) providing technical assistance
in order to assist the State to meet
the requirements under subsections (a),
(b), and (c); and
[(iii) providing a hearing; and
[(F) have the authority to disapprove a State
plan for not meeting the requirements of this
part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's content standards or to use specific
assessment instruments or items.
[(2) Withholding.--The Secretary may withhold funds
for State administration and activities under section
1117 until the Secretary determines that the State plan
meets the requirements of this section.
[(e) Duration of the Plan.--
[(1) In general.--Each 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.
[(2) Additional information.--If the State makes
significant changes in its plan, such as the adoption
of new State content standards and State student
performance standards, new assessments, or a new
definition of adequate progress, the State shall submit
such information to the Secretary.
[(f) 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) 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.
[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
[(a) Plans Required.--
[(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Goals 2000: Educate
America Act, and other Acts, as appropriate, as
specified in section 14306.
[(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 14304.
[(b) Plan Provisions.--Each local educational agency plan
shall include--
[(1) a description of additional high-quality student
assessments, if any, other than the assessments
described in the State plan under section 1111, that
the local educational agency and schools served under
this part will use to--
[(A) determine the success of children served
under this part in meeting the State's student
performance standards and provide information
to teachers, parents, and students on the
progress being made toward meeting the State
student performance standards described in
section 1111(b)(1)(D)(ii);
[(B) assist in diagnosis, teaching, and
learning in the classroom in ways that best
enable children served under this part to meet
State standards and do well in the local
curriculum; and
[(C) determine what revisions are needed to
projects under this part so that such children
will meet the State's student performance
standards;
[(2) at the local educational agency's discretion, a
description of any other indicators that will be used
in addition to the assessments described in paragraph
(1) for the uses described in such paragraph;
[(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;
[(4) a description of how the local educational
agency will coordinate and integrate services provided
under this part with other educational services at the
local educational agency or individual school level,
such as--
[(A) Even Start, Head Start, and other
preschool programs, including plans for the
transition of participants in such programs to
local elementary school programs, 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;
[(5) a description of the poverty criteria that will
be used to select school attendance areas under section
1113;
[(6) a description of how teachers, in consultation
with parents, administrators, and pupil services
personnel, in targeted assistance schools under section
1115, will identify the eligible children most in need
of services under this part;
[(7) a general description of the nature of the
programs to be conducted by such agency's schools under
sections 1114 and 1115 and, where appropriate,
educational services outside such schools for children
living in local institutions for neglected or
delinquent children, for neglected and delinquent
children in community day school programs, and for
eligible homeless children;
[(8) a description of how the local educational
agency will ensure that migratory children and formerly
migratory children who are eligible to receive services
under this part are selected to receive such services
on the same basis as other children who are selected to
receive services under this part;
[(9) where appropriate, a description of how the
local educational agency will use funds under this part
to support preschool programs for children,
particularly children participating in 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.
[(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 schools' plans pursuant to
section 1114 and assist schools as the schools
implement such plans or undertake activities
pursuant to section 1115 so that each school
can make adequate yearly progress toward
meeting the State content standards and State
student performance standards;
[(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 Services 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 of such
subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
[(3) Inapplicability.--The provisions of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs which
are expanded through the use of funds under this part.
[(d) Plan Development and Duration.--Each local educational
agency plan shall--
[(1) be developed in consultation with teachers,
including vocational teachers, and pupil services
personnel, where appropriate, and parents of children
in schools served under this part; and
[(2)(A) remain in effect for the duration of the
local educational agency's participation under this
part; and
[(B) periodically be reviewed and revised, as
necessary, to reflect changes in the local educational
agency's strategies and programs.
[(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.
[(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan will enable schools served
under this part to substantially help all children
served under this part meet the standards expected of
all children described in section 1111(b)(1).
[(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.
[(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making decisions
regarding activities under sections 1114 and 1115.
[SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
[(a) Determination.--
[(1) In general.--A local educational agency shall
use funds received under this part only in eligible
school attendance areas.
[(2) Eligible school attendance areas.--For the
purposes of this part--
[(A) the term ``school attendance area''
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
[(B) the term ``eligible school attendance
area'' means a school attendance area in which
the percentage of children from low-income
families is at least as high as the percentage
of children from low-income families in the
local educational agency as a whole.
[(3) Ranking order.--If funds allocated in accordance
with subsection (c) are insufficient to serve all
eligible school attendance areas, a local educational
agency shall--
[(A) annually rank, without regard to grade
spans, such agency's eligible school attendance
areas in which the concentration of children
from low-income families exceeds 75 percent
from highest to lowest according to the
percentage of children from low-income
families; and
[(B) serve such eligible school attendance
areas in rank order.
[(4) Remaining funds.--If funds remain after serving
all eligible school attendance areas under paragraph
(3), a local educational agency shall--
[(A) annually rank such agency's remaining
eligible school attendance areas from highest
to lowest either by grade span or for the
entire local educational agency according to
the percentage of children from low-income
families; and
[(B) serve such eligible school attendance
areas in rank order either within each grade-
span grouping or within the local educational
agency as a whole.
[(5) Measures.--The local educational agency shall
use the same measure of poverty, which measure shall be
the number of children ages 5 through 17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell
National School Lunch Act, the number of children in
families receiving assistance under the State program
funded under part A of title IV of the Social Security
Act, or the number of children eligible to receive
medical assistance under the Medicaid program, or a
composite of such indicators, with respect to all
school attendance areas in the local educational
agency--
[(A) to identify eligible school attendance
areas;
[(B) to determine the ranking of each area;
and
[(C) to determine allocations under
subsection (c).
[(6) Exception.--This subsection shall not apply to a
local educational agency with a total enrollment of
less than 1,000 children.
[(7) Waiver for desegregation plans.--The Secretary
may approve a local educational agency's written
request for a waiver of the requirements of subsections
(a) and (c), and permit such agency to treat as
eligible, and serve, any school that children attend
with a State-ordered or a court-ordered school
desegregation plan or a plan that continues to be
implemented in accordance with a State-ordered or
court-ordered desegregation plan, if (A) the number of
economically disadvantaged children enrolled in the
school is at least 25 percent of the school's total
enrollment; and (B) the Secretary determines on the
basis of a written request from such agency and in
accordance with such criteria as the Secretary
establishes, that approval of that request would
further the purposes of this part.
[(b) Local Educational Agency Discretion.--
[(1) In general.--Notwithstanding subsection (a)(2),
a local educational agency may--
[(A) designate as eligible any school
attendance area or school in which at least 35
percent of the children are from low-income
families;
[(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) elect not to serve an eligible school
attendance area or eligible school that has a
higher percentage of children from low-income
families if--
[(i) the school meets the
comparability requirements of section
1120A(c);
[(ii) the school is receiving
supplemental funds from other State or
local sources that are spent according
to the requirements of section 1114 or
1115; and
[(iii) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this part.
[(2) Special rule.--Notwithstanding paragraph (1)(C),
the number of children attending private elementary and
secondary schools who are to receive services, and the
assistance such children are to receive under this
part, shall be determined without regard to whether the
public school attendance area in which such children
reside is assisted under paragraph (1).
[(c) Allocations.--
[(1) In general.--A local educational agency shall
allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under subsection (a) or (b), in rank order, on the
basis of the total number of children from low-income
families in each area or school.
[(2) Special rule.--(A) Except as provided in
subparagraph (B), the per pupil amount of funds
allocated to each school attendance area or school
under paragraph (1) shall be at least 125 percent of
the per pupil amount of funds a local educational
agency received for that year under the poverty
criteria described by the local educational agency in
the plan submitted under section 1112, except that this
paragraph shall not apply to a local educational agency
that only serves schools in which the percentage of
such children is 35 percent or greater.
[(B) A local educational agency may reduce the amount
of funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any
supplemental State and local funds expended in that
school attendance area or school for programs that meet
the requirements of section 1114 or 1115.
[(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to
children in schools funded under this part to serve--
[(A) where appropriate, eligible homeless
children who do not attend participating
schools, including providing educationally
related support services to children in
shelters;
[(B) children in local institutions for
neglected or delinquent children; and
[(C) where appropriate, neglected and
delinquent children in community day school
programs.
[SEC. 1114. 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:
[(A) For the school year 1995-1996--
[(i) the school serves an eligible
school attendance area in which not
less than 60 percent of the children
are from low-income families; or
[(ii) not less than 60 percent of the
children enrolled in the school are
from such families.
[(B) For the school year 1996-1997 and
subsequent years--
[(i) the school serves an eligible
school attendance area in which not
less than 50 percent of the children
are from low-income families; or
[(ii) not less than 50 percent of the
children enrolled in the school are
from such families.
[(2) State assurances.--(A) A local educational
agency may start new schoolwide programs under this
section only after the State educational agency
provides written information to each local educational
agency in the State that demonstrates that such State
agency has established the statewide system of support
and improvement required by subsections (c)(1) and (e)
of section 1117.
[(B) A school that desires to initiate a schoolwide
program under this section prior to the establishment
of the statewide system of support and improvement
required in subsections (c)(1) and (e) of section 1117
shall demonstrate to the local educational agency that
such school has received high quality technical
assistance and support from other providers of
assistance such as comprehensive technical assistance
centers, regional laboratories, institutions of higher
education, educational service agencies, or other local
consortia.
[(3) Identification.--(A) No school participating in
a schoolwide program shall be required to identify
particular children under this part as eligible to
participate in a schoolwide program or to provide
supplemental services to such children.
[(B) A school participating in a schoolwide program
shall use funds available to carry out this section
only to supplement the amount of funds that would, in
the absence of funds under this part, be made available
from non-Federal sources for the school, including
funds needed to provide services that are required by
law for children with disabilities and children with
limited English proficiency.
[(4) Special rule.--(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.
[(B) A school that chooses to use funds from such
other programs shall not be relieved of the
requirements relating to health, safety, civil rights,
gender equity, student and parental participation and
involvement, services to private school children,
maintenance of effort, comparability of services, uses
of Federal funds to supplement, not supplant non-
Federal funds, or the distribution of funds to State or
local educational agencies that apply to the receipt of
funds from such programs.
[(5) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the
activities described in subsection (b)(1)(D) in
accordance with section 1119 for such fiscal year,
except that a school may enter into a consortium with
another school to carry out such activities.
[(b) Components of a Schoolwide Program.--
[(1) In general.--A schoolwide program shall include
the following components:
[(A) A comprehensive needs assessment of the
entire school that is based on information on
the performance of children in relation to the
State content standards and the State student
performance standards described in section
1111(b)(1).
[(B) Schoolwide reform strategies that--
[(i) provide opportunities for all
children to meet the State's proficient
and advanced levels of student
performance described in section
1111(b)(1)(D);
[(ii) are based on effective means of
improving the achievement of children;
[(iii) use effective instructional
strategies, which may include the
integration of vocational and academic
learning (including applied learning
and team teaching strategies), that--
[(I) increase the amount and
quality of learning time, such
as providing an extended school
year and before- and after-
school and summer programs and
opportunities, and help provide
an enriched and accelerated
curriculum; and
[(II) include strategies for
meeting the educational needs
of historically underserved
populations, including girls
and women;
[(iv)(I) address the needs of all
children in the school, but
particularly the needs of children who
are members of the target population of
any program that is included in the
schoolwide program, which may include--
[(aa) counseling, pupil
services, and mentoring
services;
[(bb) college and career
awareness and preparation, such
as college and career guidance,
comprehensive career
development, occupational
information, enhancement of
employability skills and
occupational skills, personal
finance education, job
placement services, and
innovative teaching methods
which may include applied
learning and team teaching
strategies;
[(cc) services to prepare
students for the transition
from school to work, including
the formation of partnerships
between elementary, middle, and
secondary schools and local
businesses, and the integration
of school-based and work-based
learning; and
[(dd) incorporation of
gender-equitable methods and
practices; and
[(II) address how the school will
determine if such needs have been met;
and
[(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.
[(C) Instruction by highly qualified
professional staff.
[(D) In accordance with section 1119 and
subsection (a)(5), professional development for
teachers and aides, and, where appropriate,
pupil services personnel, parents, principals,
and other staff to enable all children in the
school to meet the State's student performance
standards.
[(E) Strategies to increase parental
involvement, such as family literary services.
[(F) Plans for assisting preschool children
in the transition from early childhood
programs, such as Head Start, Even Start, or a
State-run preschool program, to local
elementary school programs.
[(G) Measures to include teachers in the
decisions regarding the use of assessments
described in section 1112(b)(1) in order to
provide information on, and to improve, the
performance of individual students and the
overall instructional program.
[(H) Activities to ensure that students who
experience difficulty mastering any of the
standards required by section 1111(b) during
the course of the school year shall be provided
with effective, timely additional assistance,
which shall include--
[(i) measures to ensure that
students' difficulties are identified
on a timely basis and to provide
sufficient information on which to base
effective assistance;
[(ii) to the extent the school
determines feasible using funds under
this part, periodic training for
teachers in how to identify such
difficulties and to provide assistance
to individual students; and
[(iii) for any student who has not
met such standards, teacher-parent
conferences, at which time the teacher
and parents shall discuss--
[(I) what the school will do
to help the student meet such
standards;
[(II) what the parents can do
to help the student improve the
student's performance; and
[(III) additional assistance
which may be available to the
student at the school or
elsewhere in the community.
[(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), in consultation with the local
educational 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) incorporates the components described in
paragraph (1);
[(ii) describes how the school will use
resources under this part and from other
sources to implement those components;
[(iii) includes a list of State and local
educational agency programs and other Federal
programs under subsection (a)(4) that will be
included in the schoolwide program;
[(iv) describes how the school will provide
individual student assessment results,
including an interpretation of those results,
to the parents of a child who participates in
the assessment required by section 1111(b)(3);
[(v) provides for the collection of data on
the achievement and assessment results of
students disaggregated by gender, major ethnic
or racial groups, limited English proficiency
status, migrant students, and by children with
disabilities as compared to other students, and
by economically disadvantaged students as
compared to students who are not economically
disadvantaged;
[(vi) seeks to produce statistically sound
results for each category for which assessment
results are disaggregated through the use of
oversampling or other means; and
[(vii) provides for the public reporting of
disaggregated data only when such reporting is
statistically sound.
[(B) Plans developed before a State has adopted
standards and a set of assessments that meet the
criteria in paragraphs (1) and (3) of section 1111(b)
shall be based on an analysis of available data on the
achievement of students in the school and effective
instructional and school improvement practices.
[(C) The comprehensive plan shall be--
[(i) developed during a one-year period,
unless--
[(I) the local educational agency,
after considering the recommendation of
the technical assistance providers
under subsections (c) and (e) of
section 1117, determines that less time
is needed to develop and implement the
schoolwide program; or
[(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, 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;
[(ii) developed with the involvement of the
community to be served and individuals who will
carry out such plan, including teachers,
principals, other staff, and, where
appropriate, pupil services personnel, and
parents, and, if the plan relates to a
secondary school, students from such school;
[(iii) in effect for the duration of the
school's participation under this part and
reviewed and revised, as necessary, by the
school;
[(iv) available to the local educational
agency, parents, and the public, and the
information contained in such plan shall be
translated, to the extent feasible, into any
language that a significant percentage of the
parents of participating children in the school
speak as their primary language; and
[(v) where appropriate, developed in
coordination with programs under the School-to-
Work Opportunities Act of 1994, the Carl D.
Perkins Vocational and Technical Education Act
of 1998, and the National and Community Service
Act of 1990.
[(c) Accountability.--A schoolwide program under this section
shall be subject to the school improvement provisions of
section 1116.
[SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
[(a) In General.--In all schools selected to receive funds
under section 1113(c) that are ineligible for a schoolwide
program under section 1114, or that choose not to operate such
a schoolwide program, a local educational agency may use funds
received under this part only for programs that provide
services to eligible children under subsection (b) identified
as having the greatest need for special assistance.
[(b) Eligible Children.--
[(1) Eligible population.--(A) The eligible
population for services under this part is--
[(i) children not older than age 21 who are
entitled to a free public education through
grade 12; and
[(ii) children who are not yet at a grade
level 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.
[(B) From the population described in subparagraph
(A), eligible children are children identified by the
school as failing, or most at risk of failing, to meet
the State's challenging student performance standards
on the basis of multiple, educationally related,
objective criteria established by the local educational
agency and supplemented by the school, except that
children from preschool through grade two shall be
selected solely on the basis of such criteria as
teacher judgment, interviews with parents, and
developmentally appropriate measures.
[(2) Children included.--(A)(i) Children who are
economically disadvantaged, children with disabilities,
migrant children or limited English proficient
children, are eligible for services under this part on
the same basis as other children selected to receive
services under this part.
[(ii) Funds received under this part may not be used
to provide services that are otherwise required by law
to be made available to such children but may be used
to coordinate or supplement such services.
[(B) A child who, at any time in the two years
preceding the year for which the determination is made,
participated in a Head Start or Even Start program, 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.
[(ii) A child in a local institution for neglected or
delinquent children or attending a community day
program for such children may be eligible for services
under this part.
[(D) A child who is homeless and attending any school
in the local educational agency may be eligible for
services under this part.
[(c) Components of a Targeted Assistance School Program.--
[(1) In general.--To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
under this part the opportunity to meet the State's
student performance standards in subjects as determined
by the State, each targeted assistance program under
this section shall--
[(A) use such program's resources under this
part to help participating children meet such
State student performance standards expected
for all children;
[(B) be based on effective means for
improving achievement of children;
[(C) ensure that planning for students served
under this part is incorporated into existing
school planning;
[(D) use effective instructional strategies
that--
[(i) give primary consideration to
providing extended learning time such
as an extended school year, before- and
after-school, and summer, programs and
opportunities;
[(ii) help provide an accelerated,
high-quality curriculum, including
applied learning; and
[(iii) minimize removing children
from the regular classroom during
regular school hours for instruction
provided under this part;
[(E) coordinate with and support the regular
education program, which may include--
[(i) counseling, mentoring, and other
pupil services;
[(ii) college and career awareness
and preparation, such as college and
career guidance, comprehensive career
development, occupational information,
enhancement of employability skills and
occupational skills, personal finance
education, job placement services, and
innovative teaching methods which may
include applied learning and team
teaching strategies;
[(iii) services to prepare students
for the transition from school to work,
including the formation of partnerships
between elementary, middle, and
secondary schools and local businesses,
and the integration of school-based and
work-based learning; and
[(iv) services to assist preschool
children in the transition from early
childhood programs to elementary school
programs;
[(F) provide instruction by highly qualified
staff;
[(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
[(H) provide strategies to increase parental
involvement, such as family literary services.
[(2) Requirements.--Each school conducting a program
under this section shall assist participating children
selected in accordance with subsection (b) to meet the
State's proficient and advanced levels of performance
by--
[(A) the coordination of resources provided
under this part with other resources to enable
the children served to meet the State content
standards and State student performance
standards; and
[(B) reviewing, on an ongoing basis, the
progress of participating children and revising
the targeted assistance program, if necessary,
to provide additional assistance to enable such
children to meet the State's challenging
student performance standards, such as an
extended school year, before- and after-school,
and summer, programs and opportunities,
training for teachers regarding how to identify
students that require additional assistance,
and training for teachers regarding how to
implement student performance standards in the
classroom.
[(d) Assignment of Personnel.--To promote the integration of
staff supported with funds under this part and children served
under this part into the regular school program and overall
school planning and improvement efforts, public school
personnel who are paid with funds received under this part
may--
[(1) assume limited duties that are assigned to
similar personnel who are not so paid, including duties
beyond classroom instruction or that do not benefit
participating children, so long as the amount of time
spent on such duties is the same proportion of total
work time as prevails with respect to similar personnel
at the same school;
[(2) participate in general professional development
and school planning activities; and
[(3) collaboratively teach with regular classroom
teachers, if such collaborative teaching directly
benefits participating children.
[(e) Special Rules.--
[(1) Simultaneous service.--Nothing in this section
shall be construed to prohibit a school from serving
students served under this section simultaneously with
students with similar educational needs, in the same
educational settings where appropriate.
[(2) Comprehensive services.--If health, nutrition,
and other social services are not otherwise available
to eligible children in a targeted assistance school
and such school, if appropriate, has engaged in a
comprehensive needs assessment and established a
collaborative partnership with local service providers,
and if funds are not reasonably available from other
public or private sources to provide services under
this part, then a portion of the funds provided under
this part may be used as a last resort to provide such
services, including--
[(A) the provision of basic medical
equipment, such as eyeglasses and hearing aids;
[(B) compensation of a coordinator; and
[(C) professional development necessary to
assist teachers, pupil services personnel,
other staff, and parents in identifying and
meeting the comprehensive needs of eligible
children.
[(3) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the
professional development activities described in
subparagraph (G) of subsection (c)(1) in accordance
with section 1119, for such fiscal year, except that a
school may enter into a consortium with another school
to carry out such activities.
[SEC. 1115A. SCHOOL CHOICE.
[(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with State, local, and
private funds, to develop and implement choice programs, for
children eligible for assistance under this part, which permit
parents to select the public school that their children will
attend.
[(b) Choice Plan.--A local educational agency that chooses to
implement a school choice plan shall first develop a
comprehensive plan that includes assurances that--
[(1) all eligible students across grade levels will
have equal access to the program;
[(2) the program does not include schools which
follow a racially discriminatory policy;
[(3) describe how the school will use resources under
this part and from other sources to implement the plan;
[(4) describe how the school will provide individual
student assessment results, including an interpretation
of such results, to the parents of a child who
participates in the assessment required by section
1111(b)(3);
[(5) the plan will be developed with the involvement
of the community to be served and individuals who will
carry out the plan, including teachers, principals, and
other staff, parents, and, if the plan relates to a
secondary school, students from the school;
[(6) the plan will be made available to parents and
the public;
[(7) the program will not include schools that do not
receive funds under this part;
[(8) the program will not use funds under this part
to pay for transportation costs;
[(9) both the sending and receiving schools agree to
the student transfer; and
[(10) such local educational agency will comply with
the other requirements of this part.]
SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND RECOGNITION OF NEED.
(a) Findings.--Congress finds the following:
(1) The Constitution of the United States reserves to
the States and to the people the responsibility for the
general supervision of public education in kindergarten
through the twelfth grade.
(2) States, local educational agencies and schools
should be given maximum flexibility in exchange for
greater academic accountability, and be given greater
freedom to build upon existing innovative approaches
for education reform.
(3) The best education decisions are made by those
who know the students and who are responsible for
implementing the decisions.
(4) Educators and parents should retain the right and
responsibility to educate their pupils and children
free of excessive regulation by the Federal Government.
(5) The Supreme Court has regarded the right of
parents to direct the upbringing of their children as a
fundamental right implicit in the concept of ordered
liberty within the 14th Amendment to the Constitution,
as specified in Meyer v. Nebraska, 262 U.S. 390 (1923),
and Pierce v. Society of Sisters, 268 U.S. 510 (1925).
(6) Schools that enroll high concentrations of
children living in poverty face the greatest
challenges, but effective educational strategies based
on scientifically based research can succeed in
educating children to high academic standards.
(7) High-poverty schools are much more likely to be
identified as failing to meet State academic standards
for satisfactory progress. As a result, these schools
are generally the most in need of additional resources
and technical assistance to build the capacity of these
schools to address the many needs of their students.
(8) The educational progress of children
participating in programs under this title is closely
associated with their being taught by a highly
qualified staff, particularly in schools with the
highest concentrations of poverty, where
paraprofessionals, uncertified teachers, and teachers
teaching out of field frequently provide instructional
services.
(9) Congress and the public would benefit from
additional data evaluating the efficacy of the
Elementary and Secondary Education Act of 1965.
(10) Schools operating programs assisted under this
part must be held accountable for the educational
achievement of their students, when those students fail
to demonstrate progress in achieving high academic
standards, local educational agencies and States must
take significant actions to improve the educational
opportunities available to them.
(b) Purpose and Intent.--The purpose and intent of this title
are to ensure that all children have a fair and equal
opportunity to obtain a high-quality education.
(c) Recognition of Need.--The Congress recognizes the
following:
(1) Educational needs are particularly great for low-
achieving children in our Nation's highest-poverty
schools, children with limited English proficiency,
children of migrant workers, children with
disabilities, Indian children, children who are
neglected or delinquent, and young children who are in
need of reading assistance and family literacy
assistance.
(2) Despite more than 3 decades of Federal
assistance, a sizable achievement gap remains between
minority and nonminority students, and between
disadvantaged students and their more advantaged peers.
(3) Too many students attend local schools that fail
to provide them with a quality education, and are given
no alternatives to enable them to receive a quality
education.
(4) States, local educational agencies, and schools
need to be held accountable for improving the academic
achievement of all students, and for identifying and
turning around low-performing schools.
(5) States and local educational agencies need to
ensure that high quality academic assessments,
accountability systems, teacher preparation and
training, curriculum, and instructional materials are
aligned with challenging State academic standards so
that students, teachers, parents, and administrators
can measure progress against common expectations for
student academic achievement.
(6) Federal education assistance is intended not only
to increase pupil achievement overall, but also more
specifically and importantly, to help ensure that all
students, especially the disadvantaged, meet
challenging academic achievement standards. It can only
be determined if schools, local educational agencies,
and States are reaching this goal if student
achievement results are reported specifically by
disadvantaged and minority status.
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated $11,500,000,000 for fiscal year
2002, $13,000,000,000 for fiscal year 2003, $14,500,000,000 for
fiscal year 2004, $16,000,000,000 for fiscal year 2005, and
$17,200,000,000 for fiscal year 2006.
(b) Student Reading Skills Improvement Grants.--
(1) Reading first.--For the purpose of carrying out
subpart 1 of part B, there are authorized to be
appropriated $900,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
(2) Early reading first.--For the purpose of carrying
out subpart 2 of part B, there are authorized to be
appropriated $75,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
(3) Even start.--For the purpose of carrying out
subpart 3 of part B, there are authorized to be
appropriated $275,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
(4) Inexpensive book distribution program.--For the
purpose of carrying out subpart 4 of part B, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and each of the 4
succeeding fiscal years.
(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$420,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out.--For the
purpose of carrying out part D, there are authorized to be
appropriated $50,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
(e) Comprehensive School Reform.--For the purpose of carrying
out part F, there are authorized to be appropriated
$260,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(f) Rural Education.--For the purpose of carrying out part G,
there are authorized to be appropriated $300,000,000 for fiscal
year 2002 and such sums as may be necessary for each of 4
succeeding fiscal years to be distributed equally between
subparts 1 and 2.
(g) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$6,000,000 for fiscal year 2002, and such sums as may be
necessary for fiscal year 2003.
(h) Federal Activities.--
(1) Sections 1501 and 1502.--(A) For the purpose of
carrying out section 1501, there are authorized to be
appropriated $9,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
(B) For the purpose of carrying out section 1502,
there are authorized to be appropriated such sums as
may be necessary for fiscal year 2002 and for each of
the 4 succeeding fiscal years.
(2) Section 1503.--For the purpose of carrying out
section 1503, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and
for each of the 4 succeeding fiscal years.
(i) State Administration.--
(1) State reservation.--Each State may reserve, from
the sum of the amounts it receives under parts A, C,
and D of this title, an amount equal to the greater of
1 percent of the amount it received under such parts
for fiscal year 2001, or $400,000 ($50,000 for each
outlying area), including any funds it receives under
paragraph (2), to carry out administrative duties
assigned under parts A, C, and D.
(2) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
the 4 succeeding fiscal years for additional State
administration grants. Any such additional grants shall
be allocated among the States in proportion to the sum
of the amounts received by each State for that fiscal
year under parts A, C, and D of this title.
(3) Special rule.--The amount received by each State
under paragraphs (1) and (2) may not exceed the amount
of State funds expended by the State educational agency
to administer elementary and secondary education
programs in such State.
(j) Assistance for Local School Improvement.--
(1) Program authorized.--The Secretary shall award
grants to States to provide subgrants to local
educational agencies for the purpose of providing
assistance for school improvement consistent with
section 1116. Such grants shall be allocated among
States, the Bureau of Indian Affairs, and the outlying
areas, in proportion to the grants received by the
State, the Bureau of Indian Affairs, and the outlying
areas for the fiscal year under parts A, C, and D of
this title. The Secretary shall expeditiously allocate
a portion of such funds to States for the purpose of
assisting local educational agencies and schools that
were in school improvement status on the date preceding
the date of the enactment of the No Child Left Behind
Act of 2001.
(2) Reallocations.--If a State does not apply for
funds under this subsection, the Secretary shall
reallocate such funds to other States in the same
proportion funds are allocated under paragraph (1).
(3) State applications.--Each State educational
agency that desires to receive funds under this
subsection shall submit an application to the Secretary
at such time, and containing such information as the
Secretary shall reasonably require, except that such
requirement shall be waived if a State educational
agency has submitted such information as part of its
State plan under this part. Each State plan shall
describe how such funds will be allocated to ensure
that the State educational agency and local educational
agencies comply with school improvement, corrective
action, and restructuring requirements of section 1116.
(4) Local educational agency grants.--A grant to a
local educational agency under this subsection shall
be--
(A) of sufficient size and scope to support
the activities required under sections 1116 and
1117, but not less than $50,000 and not more
than $500,000 to each participating school;
(B) integrated with funds awarded by the
State under this Act; and
(C) renewable for 2 additional 1-year periods
if schools are making yearly progress
consistent with State and local educational
agency plans developed under section 1116.
(5) Priority.--The State, in awarding such grants,
shall give priority to local educational agencies with
the lowest achieving schools, that demonstrate the
greatest need for such funds, and that demonstrate the
strongest commitment to making sure such funds are used
to provide adequate resources to enable the lowest
achieving schools to meet the yearly progress goals
under State and local school improvement, corrective
action, and restructuring plans under section 1116.
(6) Administrative costs.--A State educational agency
that receives a grant award under this subsection may
reserve not more than 5 percent of such award for
administration, evaluation, and technical assistance
expenses.
(7) Local awards.--Each local educational agency that
applies for assistance under this subsection shall
describe how it will provide the lowest achieving
schools the resources necessary to meet yearly progress
goals under State and local school improvement,
corrective action, and restructuring plans under
section 1116.
(8) Authorization of appropriations.--For the purpose
of carrying out this subsection, there are authorized
to be appropriated $500,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 4
succeeding fiscal years.
SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
(a) State Reservations.--Each State shall reserve 1 percent
of the amount it receives under subpart 2 of part A for fiscal
years 2002 and 2003, and 3 percent of the amount received under
such subpart for fiscal years 2004 through 2006, to carry out
subsection (b) and to carry out the State's responsibilities
under sections 1116 and 1117, including carrying out the State
educational agency's statewide system of technical assistance
and support for local educational agencies.
(b) Uses.--Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency shall allocate at
least 95 percent of that amount directly to local educational
agencies for schools identified for school improvement,
corrective action, and restructuring under section 1116(c) that
have the greatest need for that assistance in amounts
sufficient to have a significant impact in improving those
schools.
(c) Priority.--The State educational agency, in allocating
funds to local educational agencies under this section, shall
give priority to local educational agencies that--
(1) have the lowest achieving schools;
(2) demonstrate the greatest need for such funds; and
(3) demonstrate the strongest commitment to ensuring
that such funds are used to enable the lowest achieving
schools to meet the yearly progress goals under section
1116(b)(3)(A)(v).
(d) Unused Funds.--If, after consultation with local
educational agencies in the State, the State educational agency
determines that the amount of funds reserved to carry out
subsection (b) is greater than the amount needed to provide the
assistance described in that subsection, it may allocate the
excess amount to local educational agencies in accordance with
either or both--
(1) the relative allocations it made to those
agencies for that fiscal year under subpart 2 of part
A; or
(2) section 1126(c).
(e) Special Rule.--Notwithstanding any other provision of
this section, the amount of funds reserved by the State under
subsection (a) in any given fiscal year shall not decrease the
amount of State funds each local educational agency receives
below the amount received by such agency under subpart 2 in the
preceding fiscal year.
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1--Basic Program Requirements
SEC. 1111. STATE PLANS.
(a) Plans Required.--
(1) In general.--Any State desiring to receive a
grant under this part shall submit to the Secretary, by
March 1, 2002, a plan, developed in consultation with
local educational agencies, teachers, principals, pupil
services personnel, administrators (including
administrators of programs described in other parts of
this title), other staff, and parents, that satisfies
the requirements of this section and that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et
seq.), the Head Start Act (42 U.S.C. 9831 et seq.), and
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431 et seq.).
(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a
consolidated plan under section 8302.
(b) Academic Standards, Academic Assessments, and
Accountability.--
(1) Challenging academic standards.--
(A) Each State plan shall demonstrate that
the State has adopted challenging academic
content standards and challenging student
academic achievement standards that will be
used by the State, its local educational
agencies, and its schools to carry out this
part, except that a State shall not be required
to submit such standards to the Secretary.
(B) The academic standards required by
subparagraph (A) shall be the same academic
standards that the State applies to all schools
and children in the State.
(C) The State shall have such academic
standards for all public elementary and
secondary school children, including children
served under this part, in subjects determined
by the State, but including at least
mathematics, reading or language arts, and
science (beginning in the 2005-2006 school
year), which shall include the same knowledge,
skills, and levels of achievement expected of
all children.
(D) Academic standards under this paragraph
shall include--
(i) challenging academic content
standards in academic subjects that--
(I) specify what children are
expected to know and be able to
do;
(II) contain coherent and
rigorous content; and
(III) encourage the teaching
of advanced skills; and
(ii) challenging student academic
achievement standards that--
(I) are aligned with the
State's academic content
standards;
(II) describe 2 levels of
high performance (proficient
and advanced) that determine
how well children are mastering
the material in the State
academic content standards; and
(III) describe a third level
of performance (basic) to
provide complete information
about the progress of the lower
performing children toward
achieving to the proficient and
advanced levels of performance.
(E) For the subjects in which students will
be served under this part, but for which a
State is not required by subparagraphs (A),
(B), and (C) to develop, and has not otherwise
developed such academic standards, the State
plan shall describe a strategy for ensuring
that students are taught the same knowledge and
skills in such subjects and held to the same
expectations as are all children.
(F) Nothing in this part shall prohibit a
State from revising any standard adopted under
this part before or after the date of enactment
of the No Child Left Behind Act of 2001.
(2) Accountability.--
(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a statewide State accountability
system that has been or will be effective in
ensuring that all local educational agencies,
public elementary schools, and public secondary
schools make adequate yearly progress as
defined under subparagraph (B). Each State
accountability system shall--
(i) be based on the academic
standards and academic assessments
adopted under paragraphs (1) and (4)
and take into account the performance
of all public school students;
(ii) be the same as the
accountability system the State uses
for all public schools or all local
educational agencies in the State,
except that public schools and local
educational agencies not participating
under this part are not subject to the
requirements of section 1116; and
(iii) include rewards and sanctions
the State will use to hold local
educational agencies and public schools
accountable for student achievement and
for ensuring that they make adequate
yearly progress in accordance with the
State's definition under subparagraph
(B).
(B) Adequate yearly progress.--Each State
plan shall demonstrate, based on academic
assessments described under paragraph (4), what
constitutes adequate yearly progress of the
State, and of public schools and local
educational agencies in the State, toward
enabling all public school students to meet the
State's student academic achievement standards,
while working toward the goal of narrowing the
achievement gaps in the State, local
educational agency, and school.
(C) Definition.--``Adequate yearly progress''
shall be defined by the State in a manner
that--
(i) applies the same high academic
standards of academic performance to
all public school students in the
State;
(ii) measures the progress of public
schools and local educational agencies
based primarily on the academic
assessments described in paragraph (4);
(iii) measures the student dropout
rate, as defined for the Common Core of
Data maintained by the National Center
for Education Statistics established
under section 403 of the National
Education Statistics Act of 1994 (20
U.S.C. 9002);
(iv) includes separate annual
numerical objectives for continuing and
significant improvement in each of the
following (except that disaggregation
of data under subclauses (II) and (III)
shall not be required in a case in
which the number of students in a
category is insufficient to yield
statistically reliable information or
the results would reveal individually
identifiable information about an
individual student):
(I) The achievement of all public
school students.
(II) The achievement of--
(aa) economically
disadvantaged students;
(bb) students from
major racial and ethnic
groups;
(cc) students with
disabilities; and
(dd) students with
limited English
proficiency;
(III) solely for the purpose of
determining adequate yearly progress of
the State, the acquisition of English
language proficiency by children with
limited English proficiency;
(v) at the State's discretion, may
also include other academic measures
such as promotion, completion of
college preparatory courses, and high
school completion (and for individual
local educational agencies and schools,
the acquisition of English language
proficiency by children with limited
English proficiency), except that
inclusion of such other measures may
not change which schools or local
educational agencies would otherwise be
subject to improvement or corrective
action under section 1116 if the
discretionary indicators were not
included; and
(vi) includes a timeline that--
(I) uses as a baseline year
the year following the date of
enactment of the No Child Left
Behind Act of 2001;
(II) establishes a target
year by which all members of
each group of students
described in subclauses (I) and
(II) of clause (iii) shall meet
or exceed the State's
proficient level of academic
performance on the State
academic assessment used for
the purposes of this section
and section 1116, except that
the target year shall not be
more than 12 years from the
baseline year; and
(III) for each year until and
including the target year,
establishes annual goals for
the academic performance of
each group of students
described in subclauses (I) and
(II) of clause (iii) on the
State academic assessment
that--
(aa) indicates a
minimum percentage of
students who must meet
the proficient level on
the academic
assessment, such that
the minimum percentage
is the same for each
group of students
described in subclauses
(I) and (II) of clause
(iii); or
(bb) indicates an
annual minimum amount
by which the percentage
of students who meet
the proficient level
among each group of
students described in
subclauses (I) and (II)
of clause (iii) shall
increase, such that the
minimum increase for
each group is equal to
or greater than 100
percent minus the
percentage of the group
meeting the proficient
level in the baseline
year divided by the
number of years from
the baseline year to
the target year
established under
clause (I).
(D) Annual improvement for schools.--For a
school to make adequate yearly progress under
subparagraph (A), not less than 95 percent of
each group of students described in
subparagraph (C)(iii)(II) who are enrolled in
the school are required to take the academic
assessments, consistent with section
612(a)(17)(A) of the Individuals with
Disabilities Education Act (20 U.S.C.
1412(a)(17)(A)) and paragraph (4)(G)(ii), on
which adequate yearly progress is based.
(E) Public notice and comment.--Each State
shall ensure that in developing its plan, it
diligently seeks public comment from a range of
institutions and individuals in the State with
an interest in improved student achievement and
that the State makes and will continue to make
a substantial effort to ensure that information
under this part is widely known and understood
by the public, parents, teachers, and school
administrators throughout the State. Such
efforts shall include, at a minimum,
publication of such information and explanatory
text, broadly to the public through such means
as the Internet, the media, and public
agencies.
(3) State authority.--If a State educational agency
provides evidence, which is satisfactory to the
Secretary, that neither the State educational agency
nor any other State government official, agency, or
entity has sufficient authority, under State law, to
adopt curriculum content and student academic
achievement standards, and academic assessments aligned
with such academic standards, which will be applicable
to all students enrolled in the State's public schools,
then the State educational agency may meet the
requirements of this subsection by--
(A) adopting academic standards and academic
assessments that meet the requirements of this
subsection, on a statewide basis, limiting
their applicability to students served under
this part; or
(B) adopting and implementing policies that
ensure that each local educational agency in
the State which receives grants under this part
will adopt curriculum content and student
academic achievement standards, and academic
assessments aligned with such standards, which
meet all of the criteria in this subsection and
any regulations regarding such standards and
assessments which the Secretary may publish,
and which are applicable to all students served
by each such local educational agency.
(4) Academic Assessments.--Each State plan shall
demonstrate that the State has implemented a set of
high-quality, yearly student academic assessments that
include, at a minimum, academic assessments in
mathematics, and reading or language arts, that will be
used as the primary means of determining the yearly
performance of the State and of each local educational
agency and school in enabling all children to meet the
State's challenging student academic achievement
standards. Such assessments shall--
(A) be the same academic assessments used to
measure the performance of all children;
(B) be aligned with the State's challenging
content and student academic achievement
standards and provide coherent information
about student attainment of such standards;
(C) be used for purposes for which such
assessments are valid and reliable, and be
consistent with relevant, recognized
professional and technical standards for such
assessments;
(D) for the purposes of this part, be scored
to ensure the performance of each student is
evaluated solely against the State's
challenging academic content standards and not
relative to the score of other students;
(E) except as otherwise provided for grades 3
through 8 under subparagraph (G), measure the
proficiency of students in, at a minimum,
mathematics and reading or language arts, and
be administered not less than once during--
(i) grades 3 through 5;
(ii) grades 6 through 9; and
(iii) grades 10 through 12;
(F) involve multiple up-to-date measures of
student achievement, including measures that
assess critical thinking skills and
understanding;
(G) beginning not later than school year
2004-2005, measure the performance of students
against the challenging State content and
student academic achievement standards in each
of grades 3 through 8 in, at a minimum,
mathematics, and reading or language arts,
except that the Secretary may provide the State
1 additional year if the State demonstrates
that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the State, prevented
full implementation of the academic assessments
by that deadline and that it will complete
implementation within the additional 1-year
period;
(H) provide for--
(i) the participation in such
assessments of all students;
(ii) the reasonable adaptations and
accommodations for students with
disabilities defined under 602(3) of
the Individuals with Disabilities
Education Act (20 U.S.C. 1401(3))
necessary to measure the achievement of
such students relative to State content
and State student academic achievement
standards;
(iii) the inclusion of limited
English proficient students who shall
be assessed, to the extent practicable,
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do
in content areas;
(iv) notwithstanding clause (iii),
the academic assessment (using tests
written in English) of reading or
language arts of any student who has
attended school in the United States
(not including Puerto Rico) for 3 or
more consecutive school years, except
if the local educational agency
determines, on a case-by-case
individual basis, that academic
assessments in another language and
form would likely yield more accurate
and reliable information on what such
students know and can do, the local
educational agency may assess such
students in the appropriate language
other than English for 1 additional
year;
(I) include students who have attended
schools in a local educational agency for a
full academic year but have not attended a
single school for a full academic year, except
that the performance of students who have
attended more than 1 school in the local
educational agency in any academic year shall
be used only in determining the progress of the
local educational agency;
(J) produce individual student reports to be
provided to parents, which include academic
assessment scores, or other information on the
attainment of student academic achievement
standards; and
(K) enable results to be disaggregated within
each State, local educational agency, and
school by gender, by each major racial and
ethnic group, by English proficiency status, by
migrant status, by students with disabilities
as compared to nondisabled students, and by
economically disadvantaged students as compared
to students who are not economically
disadvantaged.
(5) Special rule.--Academic assessment measures in
addition to those in paragraph (4) that do not meet the
requirements of such paragraph may be included as
additional measures, but may not be used in lieu of the
academic assessments required in paragraph (4). Results
on any additional measures under this paragraph shall
not change which schools or local educational agencies
would otherwise be subject to improvement or corrective
action under section 1116 if the additional measures
were not included.
(6) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
(7) Academic assessments of english language
proficiency.--Each State plan shall demonstrate that
local educational agencies in the State will, beginning
no later than school year 2002-2003, annually assess
the English proficiency of all students with limited
English proficiency in their schools.
(8) Requirement.--Each State plan shall describe--
(A) how the State educational agency will
assist each local educational agency and school
affected by the State plan to develop the
capacity to comply with each of the
requirements of sections 1112(c)(1)(D),
1114(c), and 1115(c) that is applicable to such
agency or school;
(B) how the State educational agency will
assist each local educational agency and school
affected by the State plan to provide
additional educational assistance to individual
students assessed as needing help to achieve
the State's challenging academic standards.
(C) such other factors as the State considers
appropriate to provide students an opportunity
to achieve the knowledge and skills described
in the challenging academic content standards
adopted by the State.
(9) Use of academic assessment results to improve
student achievement.--Each State plan shall describe
how the State will ensure that the results of the State
assessments described in paragraph (4)--
(A) will be provided promptly, but not later
than the end of the school year (consistent
with section 1116, to local educational
agencies, schools, and teachers in a manner
that is clear and easy to understand; and
(B) be used by those local educational
agencies, schools, and teachers to improve the
educational achievement of individual students.
(10) Technical assistance on academic assessment
requirements.--The Secretary shall provide technical
assistance to interested States regarding how to meet
the requirements of paragraph (4).
(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
(1) the State shall produce, beginning with the 2003-
2004 school year, the annual State report cards
described in subsection (h)(1);
(2) the State will participate, beginning in school
year 2002-2003, in annual academic assessments of 4th
and 8th grade reading and mathematics under--
(A) the State National Assessment of
Educational Progress carried out under section
411(b)(2) of the National Education Statistics
Act of 1994 (20 U.S.C. 9010(b)(2)); or
(B) another academic assessment selected by
the State which meets the criteria of section
7101(b)(1)(B)(ii) of this Act;
(3) the State educational agency shall work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools to carry out the State educational agency's
responsibilities under this part, including technical
assistance in providing professional development under
section 1119A and technical assistance under section
1117; and
(4)(A) where educational service agencies exist, the
State educational agency shall consider providing
professional development and technical assistance
through such agencies; and
(B) where educational service agencies do not exist,
the State educational agency shall consider providing
professional development and technical assistance
through other cooperative agreements such as through a
consortium of local educational agencies;
(5) the State educational agency shall notify local
educational agencies and the public of the content and
student academic achievement standards and academic
assessments developed under this section, and of the
authority to operate schoolwide programs, and will
fulfill the State educational agency's responsibilities
regarding local educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
(6) the State educational agency shall provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
(7) the State educational agency shall inform the
Secretary and the public of how Federal laws, if at
all, hinder the ability of States to hold local
educational agencies and schools accountable for
student academic performance;
(8) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
(9) the State educational agency shall modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114;
(10) the State educational agency has involved the
committee of practitioners established under section
1603(b) in developing the plan and monitoring its
implementation;
(11) the State educational agency shall inform local
educational agencies of the local educational agency's
authority to transfer funds under title VII, to obtain
waivers under title VIII and, if the State is an Ed-
Flex Partnership State, to obtain waivers under the
Education Flexibility Partnership Act of 1999 (20
U.S.C. 5891a et seq.); and
(12) the State educational agency shall encourage
local educational agencies and individual schools
participating in a program assisted under this part to
offer family literacy services (using funds under this
part), if the agency or school determines that a
substantial number of students served under this part
by the agency or school have parents who do not have a
high school diploma or its recognized equivalent or who
have low levels of literacy.
(d) Peer Review and Secretarial Approval.--The Secretary
shall--
(1) establish a peer review process to assist in the
review of State plans;
(2) approve a State plan within 120 days of its
submission unless the Secretary determines that the
plan does not meet the requirements of this section;
(3) if the Secretary determines that the State plan
does not meet the requirements of subsection (a), (b),
or (c), immediately notify the State of such
determination and the reasons for such determination;
(4) not decline to approve a State's plan before--
(A) offering the State an opportunity to
revise its plan;
(B) providing technical assistance in order
to assist the State to meet the requirements
under subsections (a), (b), and (c); and
(C) providing a hearing; and
(5) have the authority to disapprove a State plan for
not meeting the requirements of this part, but shall
not have the authority to require a State, as a
condition of approval of the State plan, to include in,
or delete from, such plan 1 or more specific elements
of the State's academic content standards or to use
specific academic assessment instruments or items.
(e) Duration of the Plan.--
(1) In general.--Each State plan shall--
(A) be submitted for the first year for which
this part is in effect after the date of the
enactment of the No Child Left Behind Act of
2001;
(B) remain in effect for the duration of the
State's participation under this part; and
(C) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
(2) Additional information.--If the State makes
significant changes in its plan, such as the adoption
of new or revised State academic content standards and
State student achievement standards, new academic
assessments, or a new definition of adequate yearly
progress, the State shall submit such information to
the Secretary.
(f) Limitation on Conditions.--Officers and employees of the
Federal Government are prohibited from mandating, directing, or
controlling a State, local educational agency, or school's
specific instructional content or student academic achievement
standards and academic assessments, curriculum, or program of
instruction, as a condition of eligibility to receive funds
under this part.
(g) Penalties.--
(1) Failure to meet deadlines enacted in 1994.--
(A) In general.--If a State fails to meet the
deadlines established by the Improving
America's Schools Act of 1994 (or under any
waiver granted by the Secretary or under any
compliance agreement with the Secretary) for
demonstrating that it has in place challenging
academic content standards and student
achievement standards, and a system for
measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25
percent of the funds that would otherwise be
available for State administration and
activities in each year until the Secretary
determines that the State meets those
requirements;
(B) No extension.--The Secretary shall not
grant any additional waivers of, or enter into
any additional compliance agreements to extend,
the deadlines described in subparagraph (A) for
any State.
(2) Failure to meet requirements enacted in 2001.--If
a State fails to meet any of the requirements of this
section, other than the requirements described in
paragraph (1), the Secretary may withhold funds for
State administration until the Secretary determines
that the State has fulfilled those requirements.
(h) Reports.--
(1) Annual state report card.--
(A) In general.--Not later than the beginning
of the 2003-2004 school year, a State that
receives assistance under this Act shall
prepare and disseminate an annual State report
card.
(B) Implementation.--The State report card
shall be--
(i) concise; and
(ii) presented in a format and manner
that parents can understand, and which,
to the extent practicable, shall be in
a language the parents can understand.
(C) Public dissemination.--The State shall
widely disseminate the information described in
subparagraph (D) to all schools and local
educational agencies in the State and make the
information broadly available through public
means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies.
(D) Required information.--The State shall
include in its annual State report card--
(i) information, in the aggregate, on
student achievement at each proficiency
level on the State academic assessments
described in subsection (b)(4)(F)
(disaggregated by race, ethnicity,
gender, disability status, migrant
status, English proficiency, and status
as economically disadvantaged, except
that such disaggregation shall not be
required in a case in which the number
of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal individually identifiable
information about an individual
student);
(ii) the percentage of students not
tested (disaggregated by the same
categories and subject to the same
exception described in clause (i));
(iii) the percentage of students who
graduate from high school within 4
years of starting high school;
(iv) the percentage of students who
take and complete advanced placement
courses as compared to the population
of the students eligible to take such
courses, and the rate of passing of
advanced placement tests;
(v) the professional qualifications
of teachers in the aggregate, including
the percentage of teachers teaching
with emergency or provisional
qualifications, and the percentage of
class sections not taught by fully
qualified teachers; and
(vi) such other information (such as
dropout and school attendance rates;
and average class size by grade level)
as the State believes will best provide
parents, students, and other members of
the public with information on the
progress of each of the State's public
schools.
(2) Content of local educational agency report
cards.--
(A) Minimum requirements.--The State shall
ensure that each local educational agency
collects appropriate data and includes in its
annual report for each of its schools, at a
minimum--
(i) the information described in
paragraph (1)(D) for each local
educational agency and school; and
(ii)(I) in the case of a local
educational agency--
(aa) the number and
percentage of schools
identified for school
improvement and how long they
have been so identified,
including schools identified
under section 1116(c) of this
Act; and
(bb) information that shows
how students in its schools
perform on the statewide
academic assessment compared to
students in the State as a
whole; and
(II) in the case of a school--
(aa) whether it has been
identified for school
improvement; and
(bb) information that shows
how its students performed on
the statewide academic
assessment compared to students
in the local educational agency
and the State as a whole.
(B) Other information.--A local educational
agency may include in its annual reports any
other appropriate information whether or not
such information is included in the annual
State report.
(C) Public dissemination.--The local
educational agency shall, not later than the
beginning of the 2003-2004 school year,
publicly disseminate the information described
in this paragraph to all schools in the
district and to all parents of students
attending those schools (to the extent
practicable, in a language they can
understand), and make the information broadly
available through public means, such as posting
on the Internet, distribution to the media, and
distribution through public agencies.
(3) Pre-existing report cards.--A State or local
educational agency that was providing public report
cards on the performance of students, schools, local
educational agencies, or the State prior to the
enactment of the No Child Left Behind Act of 2001 may
use those reports for the purpose of this subsection,
so long as any such report is modified, as may be
needed, to contain the information required by this
subsection.
(4) Annual state report to the secretary.--Each State
receiving assistance under this Act shall report
annually to the Secretary, and make widely available
within the State--
(A) beginning with school year 2001-2002,
information on the State's progress in
developing and implementing the academic
assessment system described in subsection
(b)(4);
(B) beginning not later than school year
2004-2005, information on the achievement of
students on the academic assessments required
by that subsection, including the disaggregated
results for the categories of students
identified in subsection (b)(2)(C)(iii)(II);
(C) beginning not later than school year
2002-2003, information on the acquisition of
English proficiency by children with limited
English proficiency; and
(D) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student academic assessments (including
disaggregated results) required under this
section.
(5) Parents right-to-know.--
(A) Qualifications.--At the beginning of each
school year, a local educational agency that
receives funds under this part shall notify the
parents of each student attending any school
receiving funds under this part that they may
request, and shall provide the parents upon
request (and in a timely manner), information
regarding the professional qualifications of
the student's classroom teachers, including, at
a minimum, the following:
(i) Whether the teacher has met State
qualification and licensing criteria
for the grade levels and subject areas
in which the teacher provides
instruction.
(ii) Whether the teacher is teaching
under emergency or other provisional
status through which State
qualification or licensing criteria
have been waived.
(iii) The baccalaureate degree major
of the teacher and any other graduate
certification or degree held by the
teacher, and the field of discipline of
the certification or degree.
(iv) Whether the child is provided
services by paraprofessionals and if
so, their qualifications.
(B) Additional information.--In addition to
the information which parents may request under
subparagraph (A), a school which receives funds
under this part shall provide to each
individual parent--
(i) information on the level of
performance of the individual student
for whom they are the parent in each of
the State academic assessments as
required under this part; and
(ii) timely notice that the student
for whom they are the parent has been
assigned, or has been taught for 4 or
more consecutive weeks by, a teacher
who is not fully qualified.
(C) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
(6) Plan content.--A State shall include in its plan
under subsection (b) an assurance that it has in effect
a policy that meets the requirements of this section.
(i) Privacy.--Information collected under this section shall
be collected and disseminated in a manner that protects the
privacy of individuals.
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.),
the Carl D. Perkins Vocational and Technical Education
Act of 1998 (20 U.S.C. 2301 et seq.), the Head Start
Act (42 U.S.C. 9831 et seq.), the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 8305.
(b) Plan Provisions.--In order to help low achieving children
achieve high academic standards, each local educational agency
plan shall include--
(1) a description of additional high-quality student
academic assessments, if any, other than the academic
assessments described in the State plan under section
1111, that the local educational agency and schools
served under this part will use to--
(A) determine the success of children served
under this part in meeting the State's student
academic achievement standards and provide
information to teachers, parents, and students
on the progress being made toward meeting the
State student academic achievement standards
described in section 1111(b)(1)(D)(ii);
(B) assist in diagnosis, teaching, and
learning in the classroom in ways that best
enable low-achieving children served under this
title to meet State academic standards and do
well in the local curriculum; and
(C) determine what revisions are needed to
projects under this title so that such children
meet the State's student academic achievement
standards;
(2) at the local educational agency's discretion, a
description of any other indicators that will be used
in addition to the academic assessments described in
paragraph (1) for the uses described in such paragraph,
except that results on any discretionary indicators
shall not change which schools would otherwise be
subject to improvement of corrective action under
section 1118 if the additional measures are not
included;
(3) a description of how the local educational agency
will provide additional educational assistance to
individual students assessed as needing help to achieve
the State's challenging academic standards;
(4) a description of the strategy the local
educational agency will use to provide professional
development for teachers, and, if appropriate, pupil
services personnel, administrators, parents and other
staff, including local educational agency level staff
in accordance with section 1119A;
(5) a description of how the local educational agency
will coordinate and integrate services provided under
this part with other educational services at the local
educational agency or individual school level, such
as--
(A) Even Start, Head Start, Reading First,
Early Reading First, and other preschool
programs, including plans for the transition of
participants in such programs to local
elementary school programs; and
(B) services for children with limited
English proficiency or with disabilities,
migratory children served under part C,
neglected or delinquent youth, Indian children
served under part B of title III, homeless
children, and immigrant children in order to
increase program effectiveness, eliminate
duplication, and reduce fragmentation of the
instructional program;
(6) an assurance that the local educational agency
will participate, if selected, in the State National
Assessment of Educational Progress in 4th and 8th grade
reading and mathematics carried out under section
411(b)(2) of the Education Statistics Act of 1994 (20
U.S.C. 9010(b)(2)), or in another academic assessment
pursuant to the State decision under section
7101(b)(1)(B)(ii);
(7) a description of the poverty criteria that will
be used to select school attendance areas under section
1113;
(8) a description of how teachers, in consultation
with parents, administrators, and pupil services
personnel, in targeted assistance schools under section
1115, will identify the eligible children most in need
of services under this part;
(9) a general description of the nature of the
programs to be conducted by such agency's schools under
sections 1114 and 1115 and, where appropriate,
educational services outside such schools for children
living in local institutions for neglected or
delinquent children, for neglected and delinquent
children in community day school programs, and for
homeless children;
(10) a description of how the local educational
agency will ensure that migratory children and formerly
migratory children who are eligible to receive services
under this part are selected to receive such services
on the same basis as other children who are selected to
receive services under this part;
(11) if appropriate, a description of how the local
educational agency will use funds under this part to
support preschool programs for children, particularly
children participating in Early Reading First, or in a
Head Start or Even Start program, which services may be
provided directly by the local educational agency or
through a subcontract with the local Head Start agency
designated by the Secretary of Health and Human
Services under section 641 of the Head Start Act (42
U.S.C. 9836), agencies operating Even Start programs,
Early Reading First, or another comparable public early
childhood development program;
(12) a description of the actions the local
educational agency will take to assist its low-
performing schools, including schools identified under
section 1116 as in need of improvement;
(13) a description of the actions the local
educational agency will take to implement public school
choice, consistent with the requirements of section
1116;
(14) a description how the local educational agency
will meet the requirements of section 1119(b)(1); and
(15) a description of the services the local
educational agency will provide homeless children,
including services provided with funds reserved under
section 1113(f)(3)(A).
(c) Assurances.--
(1) In general.--Each local educational agency plan
shall provide assurances that the local educational
agency will--
(A) inform eligible schools and parents of
schoolwide program authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
(B) provide technical assistance and support
to schoolwide programs;
(C) work in consultation with schools as the
schools develop the schools' plans pursuant to
section 1114 and assist schools as the schools
implement such plans or undertake activities
pursuant to section 1115 so that each school
can make adequate yearly progress toward
meeting the State student academic achievement
standards;
(D) fulfill such agency's school improvement
responsibilities under section 1116, including
taking corrective actions under paragraphs (6)
and (7) of section 1116(b);
(E) provide services to eligible children
attending private elementary and secondary
schools in accordance with section 1120, and
timely and meaningful consultation with private
school officials regarding such services;
(F) take into account the experience of model
programs for the educationally disadvantaged,
and the findings of relevant scientifically
based research indicating that services may be
most effective if focused on students in the
earliest grades at schools that receive funds
under this part;
(G) in the case of a local educational agency
that chooses to use funds under this part to
provide early childhood development services to
low-income children below the age of compulsory
school attendance, ensure that such services
comply with the academic achievement standards
established under section 641A(a) of the Head
Start Act (42 U.S.C. 9836a(a));
(H) comply with the requirements of section
1119 regarding the qualifications of teachers
and paraprofessionals;
(I) inform eligible schools of the local
educational agency's authority to obtain
waivers on the school's behalf under title VIII
of this Act, and if the State is an Ed-Flex
Partnership State, to obtain waivers under the
Education Flexibility Partnership Act of 1999;
and
(J) coordinate and collaborate, to the extent
feasible and necessary as determined by the
local educational agency, with other agencies
providing services to children, youth, and
families.
(2) Special rule.--In carrying out subparagraph (G)
of paragraph (1), the Secretary--
(A) shall consult with the Secretary of
Health and Human Services on the implementation
of such subparagraph and shall establish
procedures (taking into consideration existing
State and local laws, and local teacher
contracts) to assist local educational agencies
to comply with such subparagraph; and
(B) shall disseminate to local educational
agencies the Head Start academic achievement
standards as in effect under section 641A(a) of
the Head Start Act (42 U.S.C. 9836a(a)), and
such agencies affected by such subparagraph
shall plan for the implementation of such
subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
(3) Inapplicability.--The provisions of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs which
are expanded through the use of funds under this part.
(d) Plan Development and Duration.--
(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers,
principals, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents of
children in schools served under this part.
(2) Duration.--Each such plan shall be submitted for
the first year for which this part is in effect
following the date of the enactment of the No Child
Left Behind Act of 2001 and shall remain in effect for
the duration of the agency's participation under this
part.
(3) Review.--Each local educational agency shall
periodically review, and as necessary, revise its plan.
(e) State Approval.--
(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency.
(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
(A) enables schools served under this part to
substantially help children served under this
part meet the academic standards expected of
all children described in section 1111(b)(1);
and
(B) meets the requirements of this section.
(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making decisions
regarding activities under sections 1114 and 1115.
(g) Parental Notification and Consent for English Language
Instruction.--
(1) Notification.--If a local educational agency uses
funds under this part to provide English language
instruction to limited English proficient children, the
agency shall inform a parent or the parents of a child
participating in an English language instruction
program for limited English proficient children
assisted under this part of--
(A) the reasons for the identification of the
child as being in need of English language
instruction;
(B) the child's level of English proficiency,
how such level was assessed, and the status of
the child's academic achievement;
(C) how the English language instruction
program will specifically help the child
acquire English and meet age-appropriate
academic standards for grade promotion and
graduation;
(D) what the specific exit requirements are
for the program;
(E) the expected rate of transition from the
program into a classroom that is not tailored
for limited English proficient children; and
(F) the expected rate of graduation from high
school for students in the program if funds
under this part are used for children in
secondary schools.
(2) Consent.--
(A) Agency requirements.--
(i) Informed consent.--For a child
who has been identified as limited
English proficient prior to the
beginning of a school year, each local
educational agency that receives funds
under this part shall make a reasonable
and substantial effort to obtain
informed parental consent prior to the
placement of a child in an English
language instruction program for
limited English proficient children
funded under this part if the program
does not include classes which
exclusively or almost exclusively use
the English language in instruction.
(ii) Written consent not obtained.--
If written consent is not obtained, the
local educational agency shall maintain
a written record that includes the date
and the manner in which such informed
consent was sought, including the
specific efforts made to obtain such
consent.
(iii) Proof of effort.--Notice, in an
understandable form, of specific
efforts made to obtain written consent
and a copy of the written record
required in clause (ii) shall be mailed
or delivered in writing to a parent,
parents, or guardian of a child prior
to placing the child in a program
described in clause (i) and shall
include a final request for parental
consent for such services. After such
notice has been mailed or delivered in
writing, the local educational agency
shall provide appropriate educational
services.
(iv) Special rule applicable during
school year.--For those children who
have not been identified as limited
English proficient prior to the
beginning of the school year, the local
educational agency shall make a
reasonable and substantial effort to
obtain parental consent under this
clause. For such children, the agency
shall document, in writing, its
specific efforts made to obtain such
consent prior to placing the child in a
program described in clause (i). After
such documentation has been made, the
local educational agency shall provide
appropriate educational services to
such child. The proof of documentation
shall be mailed or delivered in writing
to a parent or parents of the child in
a timely manner and shall include
information on how to have their child
immediately removed from the program
upon their request. Nothing in this
clause shall be construed as exempting
a local educational agency from
complying with the notification
requirements of subsection (g)(1) and
the consent requirements of this
paragraph.
(3) Parental rights.--A parent or the parents of a
child participating in an English language instruction
program for limited English proficient children
assisted under this part shall--
(A) select among methods of instruction, if
more than one method is offered in the program;
and
(B) have the right to have their child
immediately removed from the program upon their
request.
(4) Receipt of information.--A parent or the parents
of a limited English proficient child who is identified
for participation in an English language instruction
program for limited English proficient children
assisted under this part shall receive, in a manner and
form understandable to the parent or parents, the
information required by this subsection. At a minimum,
the parent or parents shall receive--
(A) timely information about English language
instruction programs for limited English
proficient children assisted under this part;
(B) if a parent or parents of a participating
child so desires, notice of opportunities for
regular meetings for the purpose of formulating
and responding to recommendations from the
parent or parents; and
(C) procedural information for removing a
child from a program for limited English
proficient children.
(5) Basis for admission or exclusion.--Students shall
not be admitted to, or excluded from, any federally-
assisted education program on the basis of a surname or
language-minority status.
SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) Determination.--
(1) In general.--A local educational agency shall use
funds received under this part only in eligible school
attendance areas.
(2) Eligible school attendance areas.--For the
purposes of this part--
(A) the term ``school attendance area''
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
(B) the term ``eligible school attendance
area'' means a school attendance area in which
the percentage of children from low-income
families is at least as high as the percentage
of children from low-income families in the
local educational agency as a whole.
(3) Local educational agency discretion.--
(A) In general.--Notwithstanding paragraph
(2), a local educational agency may--
(i) designate as eligible any school
attendance area or school in which at
least 35 percent of the children are
from low-income families;
(ii) use funds received under this
part in a school that is not in an
eligible school attendance area, if the
percentage of children from low-income
families enrolled in the school is
equal to or greater than the percentage
of such children in a participating
school attendance area of such agency;
(iii) designate and serve a school
attendance area or school that is not
eligible under subsection (b), but that
was eligible and that was served in the
preceding fiscal year, but only for 1
additional fiscal year; and
(iv) elect not to serve an eligible
school attendance area or eligible
school that has a higher percentage of
children from low-income families if--
(I) the school meets the
comparability requirements of
section 1120A(c);
(II) the school is receiving
supplemental funds from other
State or local sources that are
spent according to the
requirements of section 1114 or
1115; and
(III) the funds expended from
such other sources equal or
exceed the amount that would be
provided under this part.
(B) Special rule.--Notwithstanding
subparagraph (A)(iv), the number of children
attending private elementary and secondary
schools who are to receive services, and the
assistance such children are to receive under
this part, shall be determined without regard
to whether the public school attendance area in
which such children reside is assisted under
subparagraph (A).
(b) Ranking Order.--If funds allocated in accordance with
subsection (f) are insufficient to serve all eligible school
attendance areas, a local educational agency--
(1) shall annually rank from highest to lowest
according to the percentage of children from low-income
families in each agency's eligible school attendance
areas in the following order--
(A) eligible school attendance areas in which
the concentration of children from low-income
families exceeds 75 percent; and
(B) all remaining eligible school attendance
areas in which the concentration of children
from low-income families is 75 percent or lower
either by grade span or for the entire local
educational agency;
(2) shall, within each category listed in paragraph
(1), serve schools in rank order from highest to lowest
according to the ranking assigned under paragraph (1);
(3) notwithstanding paragraph (2), may give priority,
within each such category and in rank order from
highest to lowest subject to paragraph (4), to eligible
school attendance areas that serve children in
elementary schools; and
(4) not serve a school described in paragraph (1)(B)
before serving a school described in paragraph (1)(A).
(c) Low-Income Measures.--In determining the number of
children ages 5 through 17 who are from low-income families,
the local educational agency shall apply the measures described
in paragraphs (1) and (2) of this subsection:
(1) Allocation to public school attendance areas.--
The local educational agency shall use the same measure
of poverty, which measure shall be the number of
children ages 5 through 17 in poverty counted in the
most recent census data approved by the Secretary, the
number of children eligible for free and reduced priced
lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), the number of
children in families receiving assistance under the
State program funded under part A of title IV of the
Social Security Act, or the number of children eligible
to receive medical assistance under the Medicaid
program, or a composite of such indicators, with
respect to all school attendance areas in the local
educational agency--
(A) to identify eligible school attendance
areas;
(B) to determine the ranking of each area;
and
(C) to determine allocations under subsection
(f).
(2) Allocation for equitable service to private
school students.--
(A) Calculation.--A local educational agency
shall have the final authority, consistent with
section 1120 to calculate the number of private
school children, ages 5 through 17, who are
low-income by--
(i) using the same measure of low-
income used to count public school
children;
(ii) using the results of a survey
that, to the extent possible, protects
the identity of families of private
school students and allowing such
survey results to be extrapolated if
complete actual data are not available;
or
(iii) applying the low-income
percentage of each participating public
school attendance area, determined
pursuant to this section, to the number
of private school children who reside
in that attendance area.
(B) Complaint process.--Any dispute regarding
low-income data on private school students
shall be subject to the complaint process
authorized in section 8505.
(d) Exception.--This section (other than subsections (a)(3)
and (f)) shall not apply to a local educational agency with a
total enrollment of less than 1,500 children.
(e) Waiver for Desegregation Plans.--The Secretary may
approve a local educational agency's written request for a
waiver of the requirements of subsections (a) and (f), and
permit such agency to treat as eligible, and serve, any school
that children attend under a desegregation plan ordered by a
State or court or approved by the Secretary, or such a plan
that the agency continues to implement after it has expired,
if--
(1) the number of economically disadvantaged children
enrolled in the school is not less than 25 percent of
the school's total enrollment; and
(2) the Secretary determines on the basis of a
written request from such agency and in accordance with
such criteria as the Secretary establishes, that
approval of that request would further the purposes of
this part.
(f) Allocations.--
(1) In general.--A local educational agency shall
allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under subsection (b) in rank order on the basis of the
total number of children from low-income families in
each area or school.
(2) Special rule.--(A) Except as provided in
subparagraph (B), the per-pupil amount of funds
allocated to each school attendance area or school
under paragraph (1) shall be at least 125 percent of
the per-pupil amount of funds a local educational
agency received for that year under the poverty
criteria described by the local educational agency in
the plan submitted under section 1112, except that this
paragraph shall not apply to a local educational agency
that only serves schools in which the percentage of
such children is 35 percent or greater.
(B) A local educational agency may reduce the amount
of funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any
supplemental State and local funds expended in that
school attendance area or school for programs that meet
the requirements of section 1114 or 1115.
(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to
children in schools funded under this part to serve--
(A) homeless children who do not attend
participating schools, including providing
educationally related support services to
children in shelters and other locations where
children may live;
(B) children in local institutions for
neglected children; and
(C) if appropriate, children in local
institutions for delinquent children and
neglected or delinquent children in community
day school programs.
(4) School improvement reservation.--In addition to
the funding a local educational agency receives under
section 1003(b), a local educational agency may reserve
such funds as are necessary under this part to meet
such agency's school improvement responsibilities under
section 1116, including taking corrective actions under
paragraphs (6) and (7) of section 1116(b).
(5) Financial incentives and rewards reservation.--A
local educational agency may reserve such funds as are
necessary under this part to provide financial
incentives and rewards to teachers who serve in schools
eligible under subsection (b)(1)(A) and identified for
improvement under section 1116(b)(1) for the purpose of
attracting and retaining qualified and effective
teachers.
SEC. 1114. SCHOOLWIDE PROGRAMS.
(a) Purpose.--The purpose of a schoolwide program under this
section is--
(1) to enable a local educational agency to
consolidate funds under this part with other Federal,
State, and local funds, to upgrade the entire
educational program in a high poverty school; and
(2) to help ensure that all children in such a school
meet challenging State academic standards for student
achievement, particularly those children who are most
at-risk of not meeting those standards.
(b) Use of Funds for Schoolwide Programs.--
(1) In general.--A local educational agency may
consolidate funds under this part, together with other
Federal, State, and local funds, in order to upgrade
the entire educational program of a school that serves
an eligible school attendance area in which not less
than 40 percent of the children are from low-income
families, or not less than 40 percent of the children
enrolled in the school are from such families.
(2) Identification of students not required.--
(A) In general.--No school participating in a
schoolwide program shall be required to
identify particular children under this part as
eligible to participate in a schoolwide program
or to provide supplemental services to such
children.
(B) Supplement funds.--A school participating
in a schoolwide program shall use funds
available to carry out this section only to
supplement the amount of funds that would, in
the absence of funds under this part, be made
available from non-Federal sources for the
school, including funds needed to provide
services that are required by law for children
with disabilities and children with limited
English proficiency.
(3) Exemption from statutory and regulatory
requirements.--
(A) Exemption.--Except as provided in
subsection (c), the Secretary may, through
publication of a notice in the Federal
Register, exempt schoolwide programs under this
section from statutory or regulatory provisions
of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
under the Individuals with Disabilities
Education Act, except as provided in section
613(a)(2)(D) of such Act), or any discretionary
grant program administered by the Secretary, to
support schoolwide programs if the intent and
purposes of such other programs are met.
(B) Requirements.--A school that chooses to
use funds from such other programs shall not be
relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
maintenance of effort, uses of Federal funds to
supplement, not supplant non-Federal funds, or
the distribution of funds to State or local
educational agencies that apply to the receipt
of funds from such programs.
(C) Records.--A school that consolidates
funds from different Federal programs under
this section shall not be required to maintain
separate fiscal accounting records, by program,
that identify the specific activities supported
by those particular funds as long as it
maintains records that demonstrate that the
schoolwide program, considered as a whole
addresses the intent and purposes of each of
the Federal programs that were consolidated to
support the schoolwide program.
(4) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the
activities described in subsection (c)(1)(D) in
accordance with section 1119A for such fiscal year,
except that a school may enter into a consortium with
another school to carry out such activities.
(c) Components of a Schoolwide Program.--
(1) In general.--A schoolwide program shall include
the following components:
(A) A comprehensive needs assessment of the
entire school (including taking into account
the needs of migratory children as defined in
section 1309(2)) that is based on information
which includes the performance of children in
relation to the State academic content
standards and the State student academic
achievement standards described in section
1111(b)(1).
(B) Schoolwide reform strategies that--
(i) provide opportunities for all
children to meet the State's proficient
and advanced levels of student
achievement described in section
1111(b)(1)(D);
(ii) use effective methods and
instructional strategies that are based
upon scientifically based research
that--
(I) strengthen the core
academic program in the school;
(II) increase the amount and
quality of learning time, such
as providing an extended school
year and before- and after-
school and summer programs and
opportunities, and help provide
an enriched and accelerated
curriculum; and
(III) include strategies for
meeting the educational needs
of historically underserved
populations;
(iii)(I) address the needs of all
children in the school, but
particularly the needs of low-achieving
children and those at risk of not
meeting the State student academic
achievement standards who are members
of the target population of any program
that is included in the schoolwide
program; and
(II) address how the school will
determine if such needs have been met;
and
(iv) are consistent with, and are
designed to implement, the State and
local improvement plans, if any.
(C) Instruction by fully qualified (as
defined in section 8101) teachers.
(D) In accordance with section 1119A and
subsection (b)(4), high quality and ongoing
professional development for teachers and
paraprofessionals, and, where appropriate,
pupil services personnel, parents, principals,
and other staff to enable all children in the
school to meet the State's student academic
achievement standards.
(E) Strategies to attract high quality
teachers to high need schools, such as
differential pay systems or performance based
pay.
(F) Strategies to increase parental
involvement in accordance with section 1118,
such as family literary services.
(G) Plans for assisting preschool children in
the transition from early childhood programs,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program, to
local elementary school programs.
(H) Measures to include teachers in the
decisions regarding the use of academic
assessments described in section 1111(b)(4) in
order to provide information on, and to
improve, the performance of individual students
and the overall instructional program.
(I) Activities to ensure that students who
experience difficulty mastering the proficient
or advanced levels of academic achievement
standards required by section 1111(b) shall be
provided with effective, timely additional
assistance which shall include measures to
ensure that students' difficulties are
identified on a timely basis and to provide
sufficient information on which to base
effective assistance.
(2) Plan.--Any eligible school that desires to
operate a schoolwide program shall first develop (or
amend a plan for such a program that was in existence
on the day before the effective date of the No Child
Left Behind Act of 2001), a comprehensive plan for
reforming the total instructional program in the school
that--
(A) incorporates the components described in
paragraph (1);
(B) describes how the school will use
resources under this part and from other
sources to implement those components; and
(C) includes a list of State and local
educational agency programs and other Federal
programs under subsection (b)(3) that will be
consolidated in the schoolwide program.
(3) Plan development.--The comprehensive plan shall
be--
(A) developed during a 1-year period,
unless--
(i) the local educational agency
determines that less time is needed to
develop and implement the schoolwide
program; or
(ii) the school operated a schoolwide
program on the day preceding the
effective date of the No Child Left
Behind Act of 2001, in which case such
school may continue to operate such
program, but shall develop amendments
to its existing plan during the first
year of assistance after that date to
reflect the provisions of this section;
(B) developed with the involvement of parents
and other members of the community to be served
and individuals who will carry out such plan,
including teachers, principals, and
administrators (including administrators of
programs described in other parts of this
title), and, if appropriate, pupil services
personnel, technical assistance providers,
school staff, and, if the plan relates to a
secondary school, students from such school;
(C) in effect for the duration of the
school's participation under this part and
reviewed and revised, as necessary, by the
school;
(D) available to the local educational
agency, parents, and the public, and the
information contained in such plan shall be
provided in a format, and to the extent
practicable, in a language that they can
understand; and
(E) if appropriate, developed in coordination
with programs under Reading First, Early
Reading First, Even Start, Carl D. Perkins
Vocational and Technical Education Act of 1998,
and the Head Start Act.
(d) Accountability.--A schoolwide program under this section
shall be subject to the school improvement provisions of
section 1116.
(e) Prekindergarten Program.--A school that is eligible for a
schoolwide program under this section may use funds made
available under this title to establish or enhance
prekindergarten programs for 3-, 4-, and 5-year-old children,
such as Even Start programs or Early Reading First programs.
SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
(a) In General.--In all schools selected to receive funds
under section 1113(f) that are ineligible for a schoolwide
program under section 1114, or that choose not to operate such
a schoolwide program, a local educational agency may use funds
received under this part only for programs that provide
services to eligible children under subsection (b) identified
as having the greatest need for special assistance.
(b) Eligible Children.--
(1) Eligible population.--(A) The eligible population
for services under this section is--
(i) children not older than age 21 who are
entitled to a free public education through
grade 12; and
(ii) children who are not yet at a grade
level at which the local educational agency
provides a free public education.
(B) From the population described in subparagraph
(A), eligible children are children identified by the
school as failing, or most at risk of failing, to meet
the State's challenging student academic achievement
standards on the basis of academic assessments under
this part, and, as appropriate, on the basis of
multiple, educationally related, objective criteria
established by the local educational agency and
supplemented by the school, except that children from
preschool through grade 2 may be selected solely on the
basis of such criteria as teacher judgment, interviews
with parents, and other appropriate measures.
(2) Children included.--(A)(i) Children with
disabilities, migrant children, and children with
limited English proficiency are eligible for services
under this part on the same basis as other children.
(ii) Funds received under this part may not be used
to provide services that are otherwise required by law
to be made available to such children but may be used
to coordinate or supplement such services.
(B) A child who, at any time in the 2 years preceding
the year for which the determination is made,
participated in a Head Start, Even Start, or Early
Reading First program, or in preschool services under
this title, is eligible for services under this part.
(C)(i) A child who, at any time in the 2 years
preceding the year for which the determination is made,
received services under part C is eligible for services
under this part.
(ii) A child in a local institution for neglected or
delinquent children or attending a community day
program for such children is eligible for services
under this part.
(D) A child who is homeless and attending any school
in the local educational agency is eligible for
services under this part.
(c) Components of a Targeted Assistance School Program.--
(1) In general.--To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
under this title the opportunity to meet the State's
challenging student academic achievement standards in
subjects as determined by the State, each targeted
assistance program under this section shall--
(A) use such program's resources under this
part to help participating children meet such
State's challenging student academic
achievement standards expected for all
children;
(B) ensure that planning for students served
under this part is incorporated into existing
school planning;
(C) use effective methods and instructional
strategies that are based upon scientifically
based research that strengthens the core
academic program of the school and that--
(i) give primary consideration to
providing extended learning time such
as an extended school year, before- and
after-school, and summer programs and
opportunities;
(ii) help provide an accelerated,
high-quality curriculum, including
applied learning; and
(iii) minimize removing children from
the regular classroom during regular
school hours for instruction provided
under this part;
(D) coordinate with and support the regular
education program, which may include services
to assist preschool children in the transition
from early childhood programs such as Head
Start, Even Start, Early Reading First or
State-run preschool programs to elementary
school programs;
(E) provide instruction by fully qualified
teachers as defined in section 8101;
(F) in accordance with subsection (e)(3) and
section 1119A, provide opportunities for
professional development with resources
provided under this part, and, to the extent
practicable, from other sources, for teachers,
principals, and administrators and other school
staff, including, if appropriate, pupil
services personnel, who work with participating
children in programs under this section or in
the regular education program; and
(G) provide strategies to increase parental
involvement in accordance with section 1118,
such as family literacy services.
(2) Requirements.--Each school conducting a program
under this section shall assist participating children
selected in accordance with subsection (b) to meet the
State's proficient and advanced levels of achievement
by--
(A) the coordination of resources provided
under this part with other resources; and
(B) reviewing, on an ongoing basis, the
progress of participating children and revising
the targeted assistance program, if necessary,
to provide additional assistance to enable such
children to meet the State's challenging
student academic achievement standards, such as
an extended school year, before- and after-
school, and summer programs and opportunities,
training for teachers regarding how to identify
students that require additional assistance,
and training for teachers regarding how to
implement student academic achievement
standards in the classroom.
(d) Integration of Professional Development.--To promote the
integration of staff supported with funds under this part,
public school personnel who are paid with funds received under
this part may participate in general professional development
and school planning activities.
(e) Special Rules.--
(1) Simultaneous service.--Nothing in this section
shall be construed to prohibit a school from serving
students served under this section simultaneously with
students with similar educational needs, in the same
educational settings where appropriate.
(2) Comprehensive services.--If medical, nutrition,
and other social services are not otherwise available
to eligible children in a targeted assistance school
and such school, if appropriate, has engaged in a
comprehensive needs assessment and established a
collaborative partnership with local service providers,
and if funds are not reasonably available from other
public or private sources to provide such services,
then a portion of the funds provided under this part
may be used as a last resort to provide such services,
including--
(A) the provision of basic medical equipment,
such as eyeglasses and hearing aids; and
(B) professional development necessary to
assist teachers, pupil services personnel,
other staff, and parents in identifying and
meeting the comprehensive needs of eligible
children.
(3) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to carry out effectively the
professional development activities described in
subparagraph (F) of subsection (c)(1) in accordance
with section 1119A for such fiscal year, except that a
school may enter into a consortium with another school
to carry out such activities.
SEC. 1115A. SCHOOL CHOICE.
(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with State, local, and
private funds, to develop and implement public school choice
programs, for children eligible for assistance under this part,
which permit parents to select the public school that their
child will attend.
(b) Choice Plan.--A local educational agency that chooses to
implement a public school choice program shall first develop a
plan that includes a description of how the local educational
agency will use resources under this part and from other
resources to implement the plan, and assurances that--
(1) all eligible students across grade levels served
under this part will have equal access to the program;
(2) the plan will be developed with the involvement
of parents and others in the community to be served and
individuals who will carry out the plan, including
administrators, teachers, principals, and other staff;
(3) parents of eligible students in the local
educational agency will be given prompt notice of the
existence of the public school choice program and its
availability to them, and a clear explanation of how
the program will operate;
(4) the program will include charter schools and any
other public school and shall not include a school that
is or has been identified as a school in school
improvement or is or has been in corrective action for
the past 2 consecutive years; and
(5) such local educational agency will comply with
the other requirements of this part.
(c) Transportation.--Transportation services or the costs of
transportation may be provided by the local educational agency,
except that such agency may not use more than a total of 15
percent of its allocation under this part for such purposes.
[SEC. 1116. 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.
[(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving funds
under this part shall designate distinguished schools in
accordance with section 1117.
[(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
school's 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 educational 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
[(7) Special rule.--Local educational agencies that
for at least two of the three years following
identification under paragraph (3) make adequate
progress toward meeting the State's standards no longer
need to be identified for local educational agency
improvement.]
* * * * * * *
SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
(a) Local Review.--Each local educational agency receiving
funds under this part shall--
(1) use the State academic assessments described in
the State plan to review annually the progress of each
school served under this part to determine whether the
school is making adequate yearly progress as defined in
section 1111(b)(2)(B);
(2) publicize and disseminate to teachers and other
staff, parents, students, and the community, the
results of the annual review under paragraph (2);
(3) review the effectiveness of the actions and
activities the schools are carrying out under this part
with respect to parental involvement assisted under
this Act.
(b) School Improvement.--
(1) In general.--
(A) Identification.--A local educational
agency shall identify for school improvement
any elementary or secondary school served under
this part that--
(i) fails, for any year, to make
adequate yearly progress as defined in
the State's plan under section
1111(b)(2); or
(ii) was in school improvement status
under this section immediately before
the effective date of the No Child Left
Behind Act of 2001.
(B) Deadline.--The identification described
in subparagraph (A) shall take place not later
than the first day of the school year following
such failure to make adequate yearly progress.
(C) Application.--This paragraph does not
apply to a school if almost every student in
the school is meeting the State's advanced
level of performance.
(D) Review.--To determine if an elementary
school or a secondary school that is conducting
a targeted assistance program under section
1115 should be identified for school
improvement under this subsection, a local
educational agency may choose to review the
progress of only the students in the school who
are served, or are eligible for services, under
this part.
(E) Public school choice.--In the case of a
school identified for school improvement under
subparagraph (A), the local educational agency
shall, not later than the first day of the
school year following identification, provide
all students enrolled in the school with the
option to transfer to another public school
within the local educational agency, including
a public charter school, that has not been
identified for school improvement under
subparagraph (A), unless such an option is
prohibited by State law.
(F) Transfer.--Students who use the option to
transfer under subparagraph (E) shall be
enrolled in classes and other activities in the
public school to which they transfer in the
same manner as all other children at the public
school.
(2) Opportunity to review and present evidence; time
limit.--
(A) Before identifying an elementary school
or a secondary school for school improvement
under paragraph (1), for corrective action
under paragraph (6), or for restructuring under
paragraph (7), the local educational agency
shall provide the school with an opportunity to
review the school-level data, including
academic assessment data, on which the proposed
identification is based.
(B) Evidence.--If the principal of a school
proposed for identification under paragraph
(1), (6), or (7) believes, or a majority of the
parents of the students enrolled in such school
believe, that the proposed identification is in
error for statistical or other substantive
reasons, the principal may provide supporting
evidence to the local educational agency, which
shall consider that evidence before making a
final determination.
(C) Final determination.--Not later than 30
days after a local educational agency provides
the school with the opportunity to review such
school level data, the local educational agency
shall make public a final determination on the
status of the school.
(3) School plan.--
(A) Revised plan.--After the resolution of a
review under paragraph (2), each school
identified under paragraph (1) for school
improvement shall, not later than 3 months
after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency
serving the school, the local school board, and
other outside experts, for approval by such
local educational agency. The school plan shall
cover a 2-year period and--
(i) incorporate scientifically based
research strategies that strengthen the
core academic subjects in the school
and address the specific academic
issues that caused the school to be
identified for school improvement;
(ii) adopt policies and practices
concerning the school's core academic
subjects that have the greatest
likelihood of ensuring that all groups
of students specified in section
1111(b)(2)(C)(iii)(I) and (II) and
enrolled in the school will meet the
State's proficient level of achievement
on the State academic assessment
described in section 1111(b)(4) not
later than 10 years after the date of
enactment of the No Child Left Behind
Act of 2001;
(iii) provide an assurance that the
school shall reserve not less than 10
percent of the funds made available to
the school under this part for each
fiscal year that the school is in
school improvement status, for the
purpose of providing to the school's
teachers and principal high-quality
professional development that--
(I) directly addresses the
academic performance problem
that caused the school to be
identified for school
improvement;
(II) meets the requirements
for professional development
activities under section 1119A;
and
(III) is provided in a manner
that affords greater
opportunity for participating
in such professional
development;
(iv) specify how the funds described
in clause (iii) will be used to remove
the school from school improvement
status;
(v) establish specific annual,
measurable goals for continuous and
significant progress by each group of
students specified in section
1111(b)(2)(C)(iii)(I) and (II) and
enrolled in the school that will ensure
that all such groups of students shall
meet the State's proficient level of
achievement on the State academic
assessment described in section
1111(b)(4) not later than 10 years
after the date of enactment of the No
Child Left Behind Act of 2001;
(vi) identify how the school will
provide written notification about the
identification to parents of each
student enrolled in such school, in a
format and, to the extent practicable,
in a language the parents can
understand;
(vii) specify the responsibilities of
the school, the local educational
agency, and the State educational
agency serving the school under the
plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4);
and
(viii) incorporate, as appropriate,
extended learning time for students,
such as before school, after school,
during the summer and extension of the
school year.
(B) Conditional approval.--The local
educational agency may condition approval of a
school plan on--
(i) inclusion of 1 or more of the
corrective actions specified in
paragraph (6)(D)(ii); or
(ii) feedback on the school
improvement plan from parents and
community leaders.
(C) Plan implementation.--Except as provided
in subparagraph (D), a school shall implement
the school plan (including a revised plan)
expeditiously, but not later than the beginning
of the school year following the school year in
which the failure to make adequate yearly
progress took place.
(D) Notwithstanding subparagraph (C), in a
case in which a plan is not approved prior to
the beginning of a school year, such plan shall
be implemented immediately upon approval.
(E) Local educational agency approval.--The
local educational agency shall--
(i) establish a peer-review process
to assist with review of a school plan
prepared by a school served by the
local educational agency; and
(ii) promptly review the school plan,
work with the school as necessary, and
approve the school plan if it meets the
requirements of this paragraph.
(4) Technical assistance.--
(A) In general.--For each school identified
for school improvement under paragraph (1), the
local educational agency serving the school
shall provide technical assistance as the
school develops and implements the school plan
throughout the duration of such plan.
(B) Specific assistance.--Such technical
assistance--
(i) shall include assistance in
analyzing data from the academic
assessments required under section
1111(b)(4), and other samples of
student work, to identify and address
instructional problems and solutions;
(ii) shall include assistance in
identifying and implementing
professional development, instructional
strategies, and methods of instruction
that are based upon scientifically
based research and that have proven
effective in addressing the specific
instructional issues that caused the
school to be identified for school
improvement;
(iii) shall include assistance in
analyzing and revising the school's
budget so that the school resources are
more effectively allocated for the
activities most likely to increase
student achievement and to remove the
school from school improvement status;
and
(iv) may be provided--
(I) by the local educational
agency, through mechanisms
authorized under section 1117;
or
(II) by the State educational
agency, an institution of
higher education (in full
compliance with all the
reporting provisions of title
II of the Higher Education Act
of 1965), a private not-for-
profit organization or for-
profit organization, an
educational service agency, or
another entity with experience
in helping schools improve
performance.
(C) Scientifically based research.--Technical
assistance provided under this section by a
local educational agency or an entity approved
by that agency shall be based on scientifically
based research.
(5) Notification to parents.--A local educational
agency shall promptly provide parents (in a format and,
to the extent practicable, in a language they can
understand) of each student in an elementary school or
a secondary school identified for school improvement--
(A) an explanation of what the school
improvement identification means, and how the
school identified for school improvement
compares in terms of academic achievement to
other elementary schools or secondary schools
served by the local educational agency and the
State educational agency involved;
(B) the reasons for the identification;
(C) an explanation of what the school
identified for school improvement is doing to
address the problem of low achievement;
(D) an explanation of what the local
educational agency or State educational agency
is doing to help the school address the
achievement problem;
(E) an explanation of how parents described
in this paragraph can become involved in
addressing the academic issues that caused the
school to be identified for school improvement;
and
(F) an explanation regarding the option of
their child to transfer to another public
school, including a public charter school.
(6) Corrective action.--
(A) In general.--In this subsection, the term
``corrective action'' means action, consistent
with State law, that--
(i) substantially and directly
responds to--
(I) the consistent academic
failure of a school that caused
the local educational agency to
take such action; and
(II) any underlying staffing,
curriculum, or other problems
in the school; and
(ii) is designed to increase
substantially the likelihood that
students enrolled in the school
identified for corrective action will
perform at the State's proficient and
advanced levels of achievement on the
State academic assessment described in
section 1111(b)(4).
(B) System.--In order to help students served
under this part meet challenging State academic
standards, each local educational agency shall
implement a system of corrective action in
accordance with subparagraphs (C) through (F)
and paragraphs (7) through (9).
(C) Role of local educational agency.--The
local educational agency--
(i) after providing public school
choice under paragraph (1)(E) and
technical assistance under paragraph
(4), shall identify for corrective
action and take corrective action with
respect to any school served by the
local educational agency under this
part that--
(I) fails to make adequate
yearly progress, as defined by
the State under section
1111(b)(2), at the end of the
first full school year
following identification under
paragraph (1); or
(II) was in school-
improvement status for 2 years
or in corrective-action status
under this subsection
immediately before the
effective date of the No Child
Left Behind Act of 2001; and
(ii) shall continue to provide
technical assistance consistent with
paragraph (4) while instituting any
corrective action under clause (i); and
(D) Requirements.--In the case of a school
described in subparagraph (C)(i), the local
educational agency shall both--
(i) continue to provide all students
enrolled in the school with the option
to transfer to another public school
within the local educational agency,
including a public charter school, that
has not been identified for school
improvement under paragraph (1), unless
such an option is prohibited by State
law; and
(ii) take at least 1 of the following
corrective actions:
(I) Replace the school staff
which are relevant to the
failure to make adequate yearly
progress.
(II) Institute and fully
implement a new curriculum,
including providing appropriate
professional development for
all relevant staff, that is
based on scientifically based
research and offers substantial
promise of improving
educational performance for
low-performing students and the
school meeting adequate yearly
progress.
(III) Significantly decrease
management authority at the
school level.
(IV) Appoint an outside
expert to advise the school on
its progress toward meeting
adequate yearly progress, based
on its school plan under this
subsection.
(V) Extend the school year or
school day.
(VI) Restructure the internal
organizational structure of the
school.
(E) Delay.--A local educational agency may
delay, for a period not to exceed 1 year,
implementation of corrective action only if the
school's failure to make adequate yearly
progress was justified due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen
decline in the financial resources of the local
educational agency or school.
(F) Publication and dissemination.--The local
educational agency shall publish and
disseminate information regarding any
corrective action the local educational agency
takes under this paragraph at a school--
(i) to the public and to the parents
of each student enrolled in the school
subject to corrective action;
(ii) in a format and, to the extent
practicable, in a language that the
parents can understand; and
(iii) through such means as the
Internet, the media, and public
agencies.
(7) Restructuring.--
(A) Failure to make adequate yearly
progress.--If--
(i) a school is subject to corrective
action under paragraph (6) for one full
school year, and at the end of such
year continues to fail to make adequate
yearly progress and students in the
school who are from economically
disadvantaged families are not making
statistically significant progress in
the subjects included in the State's
definition of adequate yearly progress;
or
(ii) for 2 additional years a school
subject to corrective action under
paragraph (6) fails to make adequate
yearly progress, the local educational
agency shall--
(I) provide all students
enrolled in the school with the
option to transfer to another
public school within the local
educational agency, including a
public charter school, that has
not been identified for school
improvement under paragraph
(1), unless prohibited by State
law;
(II) make supplemental
instructional services
available, consistent with
subsection (d)(1); and
(III) prepare a plan and make
necessary arrangements to carry
out subparagraph (B).
(B) Alternative governance.--Not later than
the beginning of the school year following the
year in which the local educational agency
implements subparagraph (A), the local
educational agency shall implement 1 of the
following alternative governance arrangements
for the school consistent with State law:
(i) Reopening the school as a public
charter school.
(ii) Replacing the principal and all
or most of the school staff that are
relevant to the failure to make
adequate yearly progress.
(iii) Entering into a contract with
an entity, such as a private management
company, to operate the public school.
(iv) Turning the operation of the
school over to the State, if permitted
under State law and agreed to by the
State.
(C) Available results.--The State educational
agency shall ensure that, for any school year
in which a school is subject to school
improvement under this subsection, the results
of State academic assessments for that school
are available to the local educational agency
by the end of the school year in which the
academic assessments are administered.
(D) Prompt notice.--The local educational
agency shall provide prompt notice to teachers
and parents whenever subparagraph (A) or (B)
applies, shall provide them adequate
opportunity to comment before taking any action
under those subparagraphs and to participate in
developing any plan under subparagraph
(A)(iii), and shall provide parents an
explanation of the options under subparagraph
(A)(i) and (ii).
(8) Transportation.--In any case described in
paragraph (6)(D)(i) and (7)(A)(ii)(I) the local
educational agency--
(A) shall provide, or shall pay for the
provision of, transportation for the student to
the public school the child attends; and
(B) may use not more than a total of 15
percent of its allocation under this part for
that purpose.
(9) Cooperative agreement.--In any case described in
paragraph (6)(D)(i) or (7)(A)(ii)(I), if all public
schools in the local educational agency to which a
child may transfer to, are identified for school
improvement, the agency shall, to the extent
practicable, establish a cooperative agreement with
other local educational agencies in the area for a
transfer.
(10) Duration.--If any school identified for
corrective action or restructuring--
(A) makes adequate yearly progress for 2
consecutive years, the local educational agency
need no longer subject it to corrective action
or restructuring nor identify it as in need of
improvement; or
(B) fails to make adequate yearly progress,
but children from low-income families in the
school make statistically significant
educational progress for 1 year, the local
educational agency shall place or continue as
appropriate the school in corrective action
under paragraph (6).
(11) State responsibilities.--The State shall--
(A) make technical assistance under section
1117 available to all schools identified for
school improvement and restructuring under this
subsection;
(B) if it determines that a local educational
agency has failed to carry out its
responsibilities under this subsection, take
such corrective actions as the State finds
appropriate and in compliance with State law;
and
(C) ensure that academic assessment results
under this part are provided to schools within
the same school year in which the assessment
was given.
(c) State Review and Local Educational Agency Improvement.--
(1) In general.--A State shall--
(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate yearly progress as defined in section
1111(b)(2) toward meeting the State's student
academic achievement standards; and
(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the
results of the State review consistent with
section 1111, including statistically sound
disaggregated results, as required by section
1111(b)(2).
(2) Identification of local educational agency for
improvement.--A State shall identify for improvement
any local educational agency that--
(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the
State's plan under section 1111(b)(2); or
(B) was in improvement status under this
section as this section was in effect on the
day preceding the date of the enactment of the
No Child Left Behind Act of 2001.
(3) Transition.--The 2-year period described in
paragraph (2)(A) shall include any continuous period of
time immediately preceding the date of the enactment of
the No Child Left Behind Act of 2001, during which a
local educational agency did not make adequate yearly
progress as defined in the State's plan, as such plan
was in effect on the day preceding the date of such
enactment.
(4) Targeted assistance schools.--For purposes of
targeted assistance schools in a local educational
agency, a State educational agency may choose to review
the progress of only the students in such schools who
are served or are eligible for services under this
part.
(5) Opportunity to review and present evidence.--
(A) Review.--Before identifying a local
educational agency for improvement under
paragraph (2), a State educational agency shall
provide the local educational agency with an
opportunity to review the local educational
agency data, including academic assessment
data, on which that proposed identification is
based.
(B) Supporting evidence.--If the local
educational agency believes that the proposed
identification is in error for statistical or
other substantive reasons, it may provide
supporting evidence to the State educational
agency, which such agency shall consider before
making a final determination not later than 30
days after the State educational agency
provides the local educational agency with the
opportunity to review such data under
subparagraph (A).
(6) Notification to parents.--The State educational
agency shall promptly notify parents in a format, and
to the extent practicable in a language they can
understand, of each student enrolled in a school in a
local educational agency identified for improvement, of
the results of the review under paragraph (1) and, if
the agency is identified as in need of improvement, the
reasons for that identification and how parents can
participate in upgrading the quality of the local
educational agency.
(7) Local educational agency revisions.--
(A) Plan.--Each local educational agency
identified under paragraph (2) shall, not later
than 3 months after being so identified,
develop or revise a local educational agency
plan, in consultation with parents, school
staff, and others. Such plan shall--
(i) incorporate scientifically based
research strategies that strengthen the
core academic program in the local
educational agency;
(ii) identify specific goals and
objectives the local educational agency
will undertake to make adequate yearly
progress and which--
(I) have the greatest
likelihood of improving the
performance of participating
children in meeting the State's
student academic achievement
standards;
(II) address the professional
development needs of staff; and
(III) include specific
measurable achievement goals
and targets for each of the
groups of students identified
in the disaggregated data
pursuant to section
1111(b)(2)(C)(iii)(I) and (II);
(iii) incorporate, as appropriate,
extended learning time for students
such as before school, after school,
during the summer, and extension of the
school year.
(iv) identify how the local
educational agency will provide written
notification to parents in a format,
and to the extent practicable in a
language, that they can understand,
pursuant to paragraph (6); and
(v) specify the responsibilities of
the State educational agency and the
local educational agency under the
plan.
(B) Implementation.--The local educational
agency shall implement its plan or revised plan
expeditiously, but not later than the beginning
of the school year after which the school has
been identified for improvement.
(8) State responsibility.--
(A) In general.--For each local educational
agency identified under paragraph (2), the
State shall provide technical or other
assistance, if requested, as authorized under
section 1117, to better enable the local
educational agency--
(i) to develop and implement its
revised plan as approved by the State
educational agency consistent with the
requirements of this section; and
(ii) to work with schools needing
improvement.
(B) Technical assistance.--Technical
assistance provided under this section by the
State educational agency or an entity
authorized by such agency shall be based upon
scientifically based research.
(9) Corrective action.--In order to help students
served under this part meet challenging State academic
standards, each State shall implement a system of
corrective action in accordance with the following:
(A) In general.--After providing technical
assistance under paragraph (8) and subject to
subparagraph (D), the State--
(i) may take corrective action at any
time with respect to a local
educational agency that has been
identified under paragraph (2);
(ii) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State, after the end of the second year
following its identification under
paragraph (2); and
(iii) shall continue to provide
technical assistance while instituting
any corrective action under clause (i)
or (ii).
(B) Definition.--As used in this paragraph,
the term ``corrective action'' means action,
consistent with State law, that--
(i) substantially and directly
responds to the consistent academic
failure that caused the State to take
such action and to any underlying
staffing, curricular, or other problems
in the school; and
(ii) is designed to meet the goal of
having all students served under this
part perform at the proficient and
advanced performance levels.
(C) Certain local educational agencies.--In
the case of a local educational agency
described in this paragraph, the State
educational agency shall take not less than 1
of the following corrective actions:
(i) Withhold funds from the local
educational agency.
(ii) Replace the school district
personnel who are relevant to the
failure to make adequate year progress.
(iii) Remove particular schools from
the jurisdiction of the local
educational agency and establish
alternative arrangements for public
governance and supervision of such
schools.
(iv) Appoint, through the State
educational agency, a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
(v) Abolish or restructure the local
educational agency.
(vi) Authorize students to transfer
from a school operated by a local
educational agency to a higher
performing public school operated by
another local educational agency, or to
a public charter school and provide
such students transportation (or the
costs of transportation to such
schools), in conjunction with not less
than 1 additional action described
under this paragraph.
(D) Hearing.--Prior to implementing any
corrective action, the State educational agency
shall provide due process and a hearing to the
affected local educational agency, if State law
provides for such process and hearing.
(E) Publication.--The State educational
agency shall publish, and disseminate to
parents and the public any corrective action it
takes under this paragraph through such means
as the Internet, the media, and public
agencies.
(F) Delay.--A local educational agency may
delay, for a period not to exceed 1 year,
implementation of corrective action if the
failure to make adequate yearly progress was
justified due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the local educational
agency or school.
(10) Special rule.--A local educational agency, that,
for at least 2 of the 3 years following identification
under paragraph (2), makes adequate yearly progress
shall no longer be identified for improvement.
(d) Parental Options.--
(1) In any case described in subsection
(b)(7)(A)(ii)(II), the local educational agency shall
permit the parents of each eligible child to obtain
supplemental educational services for such child from a
provider, as approved by the State educational agency
in accordance with reasonable criteria that it shall
adopt. Such criteria shall require a provider to
demonstrate a record of effectiveness, or the potential
of effectiveness, in providing supplemental
instructional services to children, consistent with the
instructional program of the local educational agency
and the academic standards described under section
1111.
(2) Selection.--In obtaining services under this
paragraph, a parent shall select a provider that meets
the criteria described under paragraph (1). The local
educational agency shall provide assistance, upon
request, to parents in the selection of a provider to
provide supplemental instructional services.
(3) Contract.--In the case of the selection of a
provider under paragraph (2) by a parent, the local
educational agency shall enter into a contract with
such provider. Such contract shall--
(A) require the local educational agency to
develop, with parents (and the provider they
have chosen), a statement of specific
performance goals for the student, how the
student's progress will be measured, and a
timetable for improving achievement;
(B) provide for the termination of such
contract with a provider that is unable to meet
such goals and timetables; and
(C) contain provisions with respect to the
making of payments to the provider by the local
educational agency.
(4) Additional local educational agency
responsibilities.--Each local educational agency
subject to this paragraph shall provide annual notice
to parents (if feasible, in the parents' language) of
the availability of services under this paragraph and
the eligible providers of those services.
(5) State educational agency responsibilities.--Each
State educational agency shall--
(A) consult with local educational agencies
and promote maximum participation by providers
to ensure, to the extent practicable, that
parents have as many choices of those providers
as possible;
(B) develop criteria consistent with
paragraph (6) and apply such criteria to
potential providers to determine which, based
on the quality and effectiveness of their
services, are eligible to participate;
(C) maintain an updated list of approved
providers across the State, from which parents
may select;
(D) develop and implement standards and
techniques for monitoring the quality and
effectiveness of the services offered by
providers, and withdraw approval from those
that fail to meet those standards for two
consecutive years;
(E) provide annual notice to potential
providers of supplemental services of the
opportunity to provide services under this
paragraph and of the applicable procedures for
obtaining approval from the State educational
agency to be a provider of those services.
(6) Criteria for providers.--In order for a provider
to be included on the State list under paragraph
(5)(c), a provider shall agree to the following:
(A) Provide parents of children receiving
supplemental instructional services under this
paragraph and the appropriate local educational
agency with information on the progress of
their children in increasing achievement, in a
format and, to the extent practicable, a
language such parents can understand.
(B) Ensure that instruction and content used
by the provider is consistent with the
instruction and content used by the local
educational agency and State.
(C) Require a provider to meet all applicable
Federal, State, and local health, safety and
civil rights laws.
(D) Ensure that all instruction and content
under this paragraph shall be secular, neutral,
and nonideological.
(7) Costs.--
(A) The costs of administration of this
paragraph and the costs of providing such
supplemental instructional services shall be
limited to the total of 40 percent of the per
child allocation under subpart 2 of each school
identified under subsection (b)(7)(A)(ii)(II);
(B) Additional funds.--If the allocation
under subparagraph (A) is insufficient to
provide services for all eligible students that
have selected a provider, a local educational
agency may use funds under subpart 1 of part A
of title IV to pay for additional costs;
(C) Transportation costs.--A local
educational agency may use up to 15 percent of
its allocation under subpart 2 for
transportation costs.
(8) Funds provided by state educational agency.--Each
State educational agency may use funds that it reserves
under this part, and subpart 1 of part A of title IV to
provide local educational agencies that do not have
sufficient funds to provide services under this
paragraph for all eligible students requesting such
services.
(9) Duration.--The local educational agency shall
continue to provide supplemental instructional services
to enrolled children receiving such services under this
paragraph until the child completes the grade
corresponding to the highest grade offered at the
public school which was identified for restructuring
under subsection (b)(7), or until such school, so long
as the child attends such school, is not identified
under subsection (b)(1), (b)(6), or (b)(7), whichever
comes earlier.
(10) Definitions.--As used in this subsection, the
term--
(A) ``eligible child'' means a child from a
low-income family, as determined by the local
educational agency for purposes of allocating
funds to schools under section 1113(c)(1);
(B) ``supplemental instructional services''
means tutoring and other supplemental academic
enrichment services that are in addition to
instruction provided during the school day and
are specifically designed to increase the
academic achievement of eligible children on
the academic assessments required under section
1111; and
(C) ``provider'' means a non-profit or a for-
profit entity which has a demonstrated record
of effectiveness or the potential of
effectiveness--
(i) in providing supplemental
instructional services that are
consistent with the instructional
program of the local educational agency
and the academic standards described
under section 1111; and
(ii) in sound fiscal management;
(D) ``per child allocation'' means an amount
that is equal to at least--
(i) the amount of the school's
allocation under subpart 2; divided by
(ii) the number of children from low-
income families enrolled in the school.
(11) Prohibition.--Nothing contained in this
paragraph shall permit the making of any payment under
this paragraph for religious worship or instruction.
* * * * * * *
[SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
[(a) System for Support.--
[(1) State support.--Each State educational agency
shall establish a statewide system of intensive and
sustained support and improvement for schools receiving
funds under this part, including schoolwide programs
and schools in need of program improvement, in order to
increase the opportunity for all students in such
schools to meet the State's content standards and
student performance standards.
[(2) Meeting requirements.--Funds reserved under
section 1003(a) or appropriated under section 1002(f)
shall be used to meet the requirements of this section.
In addition to such funds a State educational agency
may use State administrative funds reserved under
section 1603(c) to meet such requirements.
[(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 the educational regional laboratories under section
941(h) of the Educational Research, Development, Dissemination,
and Improvement Act of 1994.
[(c) Provisions.--The system shall include at a minimum, the
following:
[(1) School 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.
[(C) Each such team shall be composed of
persons, including teachers, pupil services
personnel, representatives of organizations
knowledgeable about successful schoolwide
projects or comprehensive school reform
(especially distinguished educators described
in paragraph (3)), and other persons who are
knowledgeable about research and practice on
teaching and learning, particularly about
strategies for improving the educational
opportunities for low-achieving students
(including alternative and applied learning),
such as representatives of institutions of
higher education, regional educational
laboratories or research centers, and outside
consultant groups.
[(D) A school support team shall work
cooperatively with each school and make
recommendations as the school develops the
school's schoolwide program plan or school
improvement plan, review each plan, and make
recommendations to the school and the local
educational agency.
[(E) During the operation of the schoolwide
program or during school improvement
activities, a school support team shall--
[(i) periodically review the progress
of the school in enabling children in
the school to meet the State's student
performance standards under this part;
[(ii) identify problems in the design
and operation of the instructional
program; and
[(iii) make recommendations for
improvement to the school and the local
educational agency.
[(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.
[(B) Schools designated under this paragraph
may serve as models and provide support to
other schools, especially schoolwide programs
and schools in school improvement, to assist
such schools in meeting the State's student
performance standards.
[(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 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.
[(D) A local educational agency may also
recognize the success of a distinguished school
by providing additional institutional and
individual rewards, such as greater
decisionmaking authority at the school building
level, increased access to resources or
supplemental services such as summer programs
that may be used to sustain or increase
success, additional professional development
opportunities, opportunities to participate in
special projects, and individual financial
bonuses.
[(3) Distinguished educators.--
[(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.
[(B) When possible, distinguished educators
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).
[(d) Implementation.--In order to implement this section
funds reserved under section 1003(a) and funds made available
under section 1002(f) may be used by a State for release time
for teachers and administrators, travel, training, and other
related costs.
[(e) Alternatives.--The State may devise additional
approaches to providing the assistance described in paragraphs
(1) and (3) of subsection (c), such as providing assistance
through institutions of higher education and educational
service agencies or other local consortia, and the State may
seek approval from the Secretary to use funds reserved under
section 1003 and funds made available under section 1002(f) for
such approaches as part of the State plan.
[SEC. 1118. PARENTAL INVOLVEMENT.
[(a) Local Educational Agency Policy.--
[(1) In general.--A local educational agency may
receive funds under this part only if such agency
implements programs, activities, and procedures for the
involvement of parents in programs assisted under this
part consistent with the provisions of this section.
Such activities shall be planned and implemented with
meaningful consultation with parents of participating
children.
[(2) Written policy.--Each local educational agency
that receives funds under this part shall develop
jointly with, agree upon with, and distribute to,
parents of participating children a written parent
involvement policy that is incorporated into the local
educational agency's plan developed under section 1112,
establishes the expectations for parent involvement,
and describes how the local educational agency will--
[(A) involve parents in the joint development
of the plan under section 1112, and the process
of school review and improvement under section
1116;
[(B) provide the coordination, technical
assistance, and other support necessary to
assist participating schools in planning and
implementing effective parent involvement;
[(C) build the schools' and parents' capacity
for strong parent involvement as described in
subsection (e);
[(D) coordinate and integrate parental
involvement strategies under this part with
parental involvement strategies under other
programs, such as Head Start, Even Start, the
Parents as Teachers Program, the Home
Instruction Program for Preschool Youngsters,
and State-run preschool programs;
[(E) conduct, with the involvement of
parents, an annual evaluation of the content
and effectiveness of the parental involvement
policy developed under this section--
[(i) to determine the effectiveness
of the policy in increasing the
participation of parents; and
[(ii) to identify barriers to greater
participation by parents in activities
authorized by this section, giving
particular attention to parents who are
economically disadvantaged, are
disabled, have limited English
proficiency, have limited literacy, or
are of any racial or ethnic minority
background; and
[(F) use the findings of the evaluations
described in subparagraph (E) in designing
strategies for school improvement and revising,
if necessary, the parental involvement policies
described in this subsection and subsection
(b)(1).
[(3) Reservation.--(A) Each local educational agency
shall reserve not less than 1 percent of such agency's
allocation under this part to carry out this section,
including family literacy and parenting skills, except
that this paragraph shall not apply if 1 percent of
such agency's allocation under this part (other than
funds allocated under section 1002(e)) for the fiscal
year for which the determination is made is $5,000 or
less.
[(B) Parents of children receiving services under
this part shall be involved in the decisions regarding
how funds reserved under subparagraph (A) are allotted
for parental involvement activities.
[(b) School Parental Involvement Policy.--
[(1) In general.--Each school served under this part
shall jointly develop with, and distribute to, parents
of participating children a written parental
involvement policy, agreed upon by such parents, that
shall describe the means for carrying out the
requirements of subsections (c) through (f). Such
policy shall be updated periodically to meet the
changing needs of parents and the school.
[(2) Special rule.--If the school has a parental
involvement policy that applies to all parents, such
school may amend that policy, if necessary, to meet the
requirements of this subsection.
[(3) Amendment.--If the local educational agency has
a school district-level parental involvement policy
that applies to all parents, such agency may amend that
policy, if necessary, to meet the requirements of this
subsection.
[(4) Parental comments.--If the plan under section
1112 is not satisfactory to the parents of
participating children, the local educational agency
shall submit any parent comments with such plan when
such local educational agency submits the plan to the
State.
[(c) Policy Involvement.--Each school served under this part
shall--
[(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be
invited and encouraged to attend, to inform parents of
their school's participation under this part and to
explain this part, its requirements, and their right to
be involved;
[(2) offer a flexible number of meetings, such as
meetings in the morning or evening, and may provide,
with funds provided under this part, transportation,
child care, or home visits, as such services relate to
parental involvement;
[(3) involve parents, in an organized, ongoing, and
timely way, in the planning, review, and improvement of
programs under this part, including the school parental
involvement policy and the joint development of the
schoolwide program plan under section 1114(b), except
that if a school has in place a process for involving
parents in the joint planning and design of its
programs, the school may use that process, if such
process includes an adequate representation of parents
of participating children;
[(4) provide parents of participating children--
[(A) timely information about programs under
this part;
[(B) school performance profiles required
under section 1116(a)(3) and their child's
individual student assessment results,
including an interpretation of such results, as
required under section 1111(b)(3)(H);
[(C) 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;
[(D) opportunities for regular meetings to
formulate suggestions, share experiences with
other parents, and participate as appropriate
in decisions relating to the education of their
children if such parents so desire; and
[(E) timely responses to parents' suggestions
under subparagraph (D); and
[(5) if the schoolwide program plan under section
1114(b)(2) is not satisfactory to the parents of
participating children, submit any parent comments on
the plan when the school makes the plan available to
the local educational agency.
[(d) Shared Responsibilities for High Student Performance.--
As a component of the school-level parental involvement policy
developed under subsection (b), each school served under this
part shall jointly develop with parents for all children served
under this part a school-parent compact that outlines how
parents, the entire school staff, and students will share the
responsibility for improved student achievement and the means
by which the school and parents will build and develop a
partnership to help children achieve the State's high
standards. Such compact shall--
[(1) describe the school's responsibility to provide
high-quality curriculum and instruction in a supportive
and effective learning environment that enables the
children served under this part to meet the State's
student performance standards, and the ways in which
each parent will be responsible for supporting their
children's learning, such as monitoring attendance,
homework completion, and television watching;
volunteering in their child's classroom; and
participating, as appropriate, in decisions relating to
the education of their children and positive use of
extracurricular time; and
[(2) address the importance of communication between
teachers and parents on an ongoing basis through, at a
minimum--
[(A) parent-teacher conferences in elementary
schools, at least annually, during which the
compact shall be discussed as the compact
relates to the individual child's achievement;
[(B) frequent reports to parents on their
children's progress; and
[(C) reasonable access to staff,
opportunities to volunteer and participate in
their child's class, and observation of
classroom activities.
[(e) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the
school, parents, and the community to improve student
achievement, each school and local educational agency--
[(1) shall provide assistance to participating
parents in such areas as understanding the National
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;
[(2) shall provide materials and training, such as--
[(A) coordinating necessary literacy training
from other sources to help parents work with
their children to improve their children's
achievement; and
[(B) training to help parents to work with
their children to improve their children's
achievement;
[(3) shall educate teachers, pupil services
personnel, principals and other staff, with the
assistance of parents, in the value and utility of
contributions of parents, and in how to reach out to,
communicate with, and work with parents as equal
partners, implement and coordinate parent programs, and
build ties between home and school;
[(4) shall coordinate and integrate parent
involvement programs and activities with Head Start,
Even Start, the Home Instruction Programs for Preschool
Youngsters, the Parents as Teachers Program, and public
preschool programs and other programs, to the extent
feasible and appropriate;
[(5) shall develop appropriate roles for community-
based organizations and businesses in parent
involvement activities, including providing information
about opportunities for organizations and businesses to
work with parents and schools, and encouraging the
formation of partnerships between elementary, middle,
and secondary schools and local businesses that include
a role for parents;
[(6) shall conduct other activities, as appropriate
and feasible, such as parent resource centers and
providing opportunities for parents to learn about
child development and child rearing issues beginning at
the birth of a child, that are designed to help parents
become full partners in the education of their
children;
[(7) shall ensure, to the extent possible, that
information related to school and parent programs,
meetings, and other activities is sent to the homes of
participating children in the language used in such
homes;
[(8) may involve parents in the development of
training for teachers, principals, and other educators
to improve the effectiveness of such training in
improving instruction and services to the children of
such parents;
[(9) may provide necessary literacy training from
funds received under this part if the local educational
agency has exhausted all other reasonably available
sources of funding for such activities;
[(10) may pay reasonable and necessary expenses
associated with local parental involvement activities,
including transportation and child care costs, to
enable parents to participate in school-related
meetings and training sessions;
[(11) may train and support parents to enhance the
involvement of other parents;
[(12) may arrange meetings at a variety of times,
such as in the mornings and evenings, in order to
maximize the opportunities for parents to participate
in school related activities;
[(13) may arrange for teachers or other educators,
who work directly with participating children, to
conduct in-home conferences with parents who are unable
to attend such conferences at school;
[(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.
[(f) Accessibility.--In carrying out the parental involvement
requirements of this part, local educational agencies and
schools, to the extent practicable, shall provide full
opportunities for the participation of parents with limited
English proficiency or with disabilities, 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.
[SEC. 1119. PROFESSIONAL DEVELOPMENT.
[(a) Program Requirements.--
[(1) In general.--Each local educational agency
receiving assistance under this part shall provide
high-quality professional development that will improve
the teaching of the academic subjects, consistent with
the State content standards, in order to enable all
children to meet the State's student performance
standards.
[(2) Program design.--Such professional development
activities shall be designed by principals, teachers,
and other school staff in schools receiving assistance
under this part.
[(b) Professional Development Activities.--
[(1) Required activities.--Such professional
development activities shall--
[(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;
[(B) support local educational agency plans
under section 1112 and school plans under
section 1114;
[(C) 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) 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) include strategies for identifying and
eliminating gender and racial bias in
instructional materials, methods, and
practices.
[(2) Optional activities.--Such professional
development activities may include--
[(A) instruction in the use of assessments;
[(B) instruction in ways that teachers,
principals, pupil services personnel, and
school administrators may work more effectively
with parents;
[(C) the forming of partnerships with
institutions of higher education to establish
school-based teacher training programs that
provide prospective teachers and novice
teachers with an opportunity to work under the
guidance of experienced teachers and college
faculty;
[(D) instruction in the use of technology;
[(E) the creation of career ladder programs
for paraprofessionals (assisting teachers under
this part) to obtain the education necessary
for such paraprofessionals to become licensed
and certified teachers;
[(F) instruction in ways to teach special
needs children;
[(G) instruction in gender-equitable
education methods, techniques, and practices;
[(H) joint professional development
activities involving programs under this part,
Head Start, Even Start, or State-run preschool
program personnel; and
[(I) instruction in experiential-based
teaching methods such as service learning.
[(c) Program Participation.--Each local educational agency
receiving assistance under this part is encouraged to design
professional development programs so that--
[(1) all school staff in schools participating in a
schoolwide program under section 1114 can participate
in professional development activities; and
[(2) all school staff in targeted assistance schools
may participate in professional development activities
if such participation will result in better addressing
the needs of students served under this part.
[(d) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation is appropriate.
[(e) Consortia.--In carrying out such professional
development programs, local educational agencies may provide
services through consortia arrangements with other local
educational agencies, educational service agencies or other
local consortia, institutions of higher education, or other
public or private institutions or organizations.
[(f) Effective Teaching Strategies.--Knowledge of effective
teaching strategies that is gained through professional
development activities under this section may be shared with
teachers who are not participating in targeted assistance
programs under this part.
[(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
III of the Goals 2000: Educate America Act, and other sources.
[(h) State Review.--
[(1) In general.--The State educational agency shall
review the local educational agency's plan under
section 1112(b) to determine if such agency's
professional development activities--
[(A) are tied to challenging State student
content and student performance standards;
[(B) reflect research on teaching and
learning where possible;
[(C) are designed to have a positive impact
on the teacher's performance in the classroom;
[(D) contribute to continuous improvement in
the classroom or throughout the school;
[(E) include methods to teach children with
special needs;
[(F) are developed with the extensive
participation of teachers; and
[(G) include gender-equitable education
methods, techniques, and practices.
[(2) Technical assistance.--If a local educational
agency's plan for professional development does not
include the activities described in paragraph (1), the
State educational agency shall provide technical
assistance to such local educational agencies to enable
such agencies to make progress toward inclusion of such
activities in the local educational agency's
professional development activities.
[(3) Special rule.--No State educational agency shall
require a school or a local educational agency to
expend a specific amount of funds for professional
development activities under this part, except that
this paragraph shall not apply with respect to
requirements under section 1116(d)(6).
[(i) Instructional Aides.--
[(1) In general.--If a local educational agency uses
funds received under this part to employ instructional
aides, the local educational agency shall ensure that
such aides--
[(A) possess the knowledge and skills
sufficient to assist participating children in
meeting the educational goals of this part;
[(B) have a secondary school diploma, or its
recognized equivalent, or earn either within
two years of employment, except that a local
educational agency may employ an instructional
aide that does not meet the requirement of this
subparagraph if such aide possesses proficiency
in a language other than English that is needed
to enhance the participation of children in
programs under this part; and
[(C) are under the direct supervision of a
teacher who has primary responsibility for
providing instructional services to eligible
children.
[(2) Inclusion in activities.--Each local educational
agency receiving funds under this part, when feasible,
shall include instructional aides in professional
development activities.
[SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) General Requirement.--
[(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in a local educational agency who are enrolled
in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment).
[(2) Secular, neutral, nonideological.--Such
educational services or other benefits, including
materials and equipment, shall be secular, neutral, and
nonideological.
[(3) Equity.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public
school children participating under this part.
[(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.
[(5) Provision of services.--The local educational
agency may provide such services directly or through
contracts with public and private agencies,
organizations, and institutions.
[(b) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials during the
design and development of such agency's programs under
this part, on issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how and where the services will be
provided;
[(D) how the services will be assessed; and
[(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.
[(2) Timing.--Such consultation shall occur before
the local educational agency makes any decision that
affects the opportunities of eligible private school
children to participate in programs under this part.
[(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local
educational agency can use to provide equitable
services to eligible private school children.
[(c) Public Control of Funds.--
[(1) In general.--The control of funds provided under
this part, and title to materials, equipment, and
property purchased with such funds, shall be in a
public agency, and a public agency shall administer
such funds and property.
[(2) Provision of services.--(A) The provision of
services under this section shall be provided--
[(i) by employees of a public agency; or
[(ii) through contract by such public agency
with an individual, association, agency, or
organization.
[(B) In the provision of such services, such
employee, person, association, agency, or organization
shall be independent of such private school and of any
religious organization, and such employment or contract
shall be under the control and supervision of such
public agency.
[(d) Standards for a Bypass.--If a local educational agency
is prohibited by law from providing for the participation on an
equitable basis of eligible children enrolled in private
elementary and secondary schools or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for such participation, as required by
this section, the Secretary shall--
[(1) waive the requirements of this section for such
local educational agency; and
[(2) 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.
[(e) 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. FISCAL REQUIREMENTS.
[(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 14501 of this Act.
[(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--
[(1) In general.--A State or local educational agency
shall use funds received under this part only to
supplement the amount of funds that would, in the
absence of such Federal funds, be made available from
non-Federal sources for the education of pupils
participating in programs assisted under this part, and
not to supplant such funds.
[(2) Special rule.--No local educational agency shall
be required to provide services under this part through
a particular instructional method or in a particular
instructional setting in order to demonstrate such
agency's compliance with paragraph (1).
[(c) Comparability of Services.--
[(1) In general.--(A) Except as provided in
paragraphs (4) and (5), a local educational agency may
receive funds under this part only if State and local
funds will be used in schools served under this part to
provide services that, taken as a whole, are at least
comparable to services in schools that are not
receiving funds under this part.
[(B) If the local educational agency is serving all
of such agency's schools under this part, such agency
may receive funds under this part only if such agency
will use State and local funds to provide services
that, taken as a whole, are substantially comparable in
each school.
[(C) A local educational agency may meet the
requirements of subparagraphs (A) and (B) on a grade-
span by grade-span basis or a school-by-school basis.
[(2) Written assurance.--(A) A local educational
agency shall be considered to have met the requirements
of paragraph (1) if such agency has filed with the
State educational agency a written assurance that such
agency has established and implemented--
[(i) a local educational agency-wide salary
schedule;
[(ii) a policy to ensure equivalence among
schools in teachers, administrators, and other
staff; and
[(iii) a policy to ensure equivalence among
schools in the provision of curriculum
materials and instructional supplies.
[(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and
local funds, or instructional salaries per pupil from
State and local funds, staff salary differentials for
years of employment shall not be included in such
determinations.
[(C) A local educational agency need not include
unpredictable changes in student enrollment or
personnel assignments that occur after the beginning of
a school year in determining comparability of services
under this subsection.
[(3) Procedures and records.--Each local educational
agency assisted under this part shall--
[(A) develop procedures for compliance with
this subsection; and
[(B) maintain records that are updated
biennially documenting such agency's compliance
with this subsection.
[(4) Inapplicability.--This subsection shall not
apply to a local educational agency that does not have
more than one building for each grade span.
[(5) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational
agency may exclude State and local funds expended for--
[(A) bilingual education for children of
limited English proficiency; and
[(B) excess costs of providing services to
children with disabilities as determined by the
local educational agency.
(d) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State or local educational
agency may exclude supplemental State or local funds expended
in any school attendance area or school for programs that meet
the intent and purposes of this part.
[SEC. 1120B. COORDINATION REQUIREMENTS.
[(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities
described in subsection (b) to the extent feasible and
appropriate to the circumstances, including the extent to which
such local educational agency is able to secure the cooperation
of parents and local Head Start agencies and, if feasible,
other early childhood development programs.
[(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the local
educational agency and a Head Start agency, and, if feasible,
other early childhood development programs, serving children
who will attend the schools of such agency, including--
[(1) developing and implementing a systematic
procedure for receiving records regarding such children
transferred with parental consent from a Head Start
program or, where applicable, other early childhood
development programs;
[(2) establishing channels of communication between
school staff and their counterparts in such Head Start
agencies (including teachers, social workers, and
health staff) or other early childhood development
programs, as appropriate, to facilitate coordination of
programs;
[(3) conducting meetings involving parents,
kindergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs, to discuss the
developmental and other needs of individual children;
and
[(4) organizing and participating in joint transition
related training of school staff, Head Start staff,
and, where appropriate, other early childhood staff.
[(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.
[Subpart 2--Allocations
[SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
[(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a),
the Secretary shall reserve a total of 1 percent to provide
assistance to--
[(1) the outlying areas 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), grant
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 shall make
payments to local educational agencies, upon such terms
as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The amount
of such payment may not exceed, for each such child,
the greater of--
[(A) 40 percent of the average per pupil
expenditure in the State in which the agency is
located; or
[(B) 48 percent of such expenditure in the
United States.
[SEC. 1122. 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 1006, 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 of 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-homeless 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. 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
State is 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 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 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
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. 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 of Sciences. 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 may
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 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.
[(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 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. 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 are inappropriate 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 with funds
available under this section for that year.
[SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Eligibility for and Amount of Grants.--
[(1) In general.--(A) Except as otherwise provided in
this paragraph, each local educational agency, in a
State other than Guam, American Samoa, the Virgin
Islands, 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 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 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. 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 than
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, 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.
[(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 this
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 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--
[(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
20,000 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. 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 section 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. 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.--(A) 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 200 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 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 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 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. 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. 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
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.]
SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
(a) System for Support.--Each State shall establish a
statewide system of intensive and sustained support and
improvement for local educational agencies and schools
receiving funds under this part, in order to increase the
opportunity for all students in those agencies and schools to
meet the State's academic content standards and student
academic achievement standards.
(b) Priorities.--In carrying out this section, a State
shall--
(1) first, provide support and assistance to local
educational agencies subject to corrective action under
section 1116 and assist schools, in accordance with
section 1116(b)(10), for which a local educational
agency has failed to carry out its responsibilities
under paragraphs (6) and (7) of section 1116(b);
(2) second, provide support and assistance to other
local educational agencies identified as in need of
improvement under section 1116(b); and
(3) third, provide support and assistance to other
local educational agencies and schools participating
under this part that need that support and assistance
in order to achieve the purpose of this part.
(c) Approaches.--In order to achieve the purpose described in
subsection (a), each such system shall provide technical
assistance and support through such approaches as--
(1) school support teams, composed of individuals who
are knowledgeable about scientifically based research
and practice on teaching and learning, particularly
about strategies for improving educational results for
low-achieving children; and
(2) the designation and use of ``Distinguished
Educators'', chosen from schools served under this part
that have been especially successful in improving
academic achievement.
(d) Funds.--Each State--
(1) shall use funds reserved under section 1003(a);
and
(2) may use State administrative funds authorized
under section 1002(i) for such purpose to establish a
Statewide system of support.
(e) Alternatives.--The State may devise additional approaches
to providing the assistance described in paragraphs (1) and (2)
of subsection (c), such as providing assistance through
institutions of higher education and educational service
agencies or other local consortia, and private providers of
scientifically based technical assistance and the State may
seek approval from the Secretary to use funds made available
under section 1002(j) for such approaches as part of the State
plan.
SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
(a) Establishment of Academic Achievement Awards Program.--
(1) In general.--Each State receiving a grant under
this part may establish a program for making academic
achievement awards to recognize and financially reward
schools served under this part that have--
(A) significantly closed the achievement gap
between the groups of students defined in
section 1111(b)(2); or
(B) exceeded their adequate yearly progress
goals, consistent with section 1111(b)(2), for
2 or more consecutive years.
(2) Awards to teachers.--A State program under
paragraph (1) may also recognize and provide financial
awards to teachers teaching in a school described in
such paragraph whose students consistently make
significant gains in academic achievement in the areas
in which the teacher provides instruction.
(b) Funding.--
(1) Reservation of funds by state.--For the purpose
of carrying out this section, each State receiving a
grant under this part may reserve, from the amount (if
any) by which the funds received by the State under
this part for a fiscal year exceed the amount received
by the State under this part for the preceding fiscal
year, not more than 30 percent of such excess amount.
(2) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under paragraph
(1) by a State for each fiscal year shall remain
available to the State until expended for a period not
exceeding 3 years.
(3) Special allocation rule for schools in high-
poverty areas.--
(A) In general.--Each State receiving a grant
under this part shall distribute at least 75
percent of the amount reserved under paragraph
(1) for each fiscal year to schools described
in subparagraph (B), or to teachers teaching in
such schools.
(B) School described.--A school described in
subparagraph (A) is a school whose student
population is in the highest quartile of
schools statewide in terms of the percentage of
children from low income families.
SEC. 1118. PARENTAL INVOLVEMENT.
(a) Local Educational Agency Policy.--
(1) In general.--A local educational agency may
receive funds under this part only if such agency
implements programs, activities, and procedures for the
involvement of parents in programs assisted under this
part consistent with the provisions of this section.
Such activities shall be planned and implemented with
meaningful consultation with parents of participating
children.
(2) Written policy.--Each local educational agency
that receives funds under this part shall develop
jointly with, agree upon with, and distribute to,
parents of participating children a written parent
involvement policy that is incorporated into the local
educational agency's plan developed under section 1112,
establishes the expectations for parent involvement,
and describes how the local educational agency will--
(A) involve parents in the joint development
of the plan under section 1112, and the process
of school review and improvement under section
1116;
(B) provide the coordination, technical
assistance, and other support necessary to
assist participating schools in planning and
implementing effective parent involvement;
(C) build the schools' and parents' capacity
for strong parent involvement as described in
subsection (e);
(D) coordinate and integrate parental
involvement strategies under this part with
parental involvement strategies under other
programs, such as Head Start, Early Reading
First, Reading First, Even Start, the Parents
as Teachers Program, the Home Instruction
Program for Preschool Youngsters, and State-run
preschool programs;
(E) conduct, with the involvement of parents,
an annual evaluation of the content and
effectiveness of the parental involvement
policy in improving the academic quality of the
schools served under this part; and
(F) involve parents in the activities of the
schools served under this part.
(3) Reservation.--
(A) In general.--Each local educational
agency shall reserve not less than 1 percent of
such agency's allocation under this part to
carry out this section, including family
literacy and parenting skills, except that this
paragraph shall not apply if 1 percent of such
agency's allocation under this part (other than
funds allocated under section 1002(g) for the
fiscal year for which the determination is made
is $5,000 or less.
(B) Parental input.--Parents of children
receiving services under this part shall be
involved in the decisions regarding how funds
reserved under subparagraph (A) are allotted
for parental involvement activities.
(C) Distribution of funds.--Not less than 95
percent of the funds reserved under
subparagraph (A) shall be distributed to
schools served under this part.
(b) School Parental Involvement Policy.--
(1) In general.--Each school served under this part
shall jointly develop with, and distribute to, parents
of participating children a written parental
involvement policy, agreed upon by such parents, that
shall describe the means for carrying out the
requirements of subsections (c) through (f). Parents
shall be notified of the policy in a format, and to the
extent practicable in a language they can understand.
Such policy shall be updated periodically to meet the
changing needs of parents and the school.
(2) Special rule.--If the school has a parental
involvement policy that applies to all parents, such
school may amend that policy, if necessary, to meet the
requirements of this subsection.
(3) Amendment.--If the local educational agency has a
school district-level parental involvement policy that
applies to all parents, such agency may amend that
policy, if necessary, to meet the requirements of this
subsection.
(4) Parental comments.--If the plan under section
1112 is not satisfactory to the parents of
participating children, the local educational agency
shall submit any parent comments with such plan when
such local educational agency submits the plan to the
State.
(c) Policy Involvement.--Each school served under this part
shall--
(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be
invited and encouraged to attend, to inform parents of
their school's participation under this part and to
explain this part, its requirements, and their right to
be involved;
(2) offer a flexible number of meetings, such as
meetings in the morning or evening, and may provide,
with funds provided under this part, transportation,
child care, or home visits, as such services relate to
parental involvement;
(3) involve parents, in an organized, ongoing, and
timely way, in the planning, review, and improvement of
programs under this part, including the school parental
involvement policy and the joint development of the
schoolwide program plan under section 1114(c)(2) and
(c)(3), except that if a school has in place a process
for involving parents in the joint planning and design
of its programs, the school may use that process, if
such process includes an adequate representation of
parents of participating children;
(4) provide parents of participating children--
(A) timely information about programs under
this part;
(B) a description and explanation of the
curriculum in use at the school, the forms of
academic assessment used to measure student
progress, and the proficiency levels students
are expected to meet; and
(5) if the schoolwide program plan under section
1114(c)(2) and (c)(3) is not satisfactory to the
parents of participating children, submit any parent
comments on the plan when the school makes the plan
available to the local educational agency.
(d) Shared Responsibilities for High Student Performance.--As
a component of the school-level parental involvement policy
developed under subsection (b), each school served under this
part shall agree with parents of children served under this
part regarding how parents, the entire school staff, and
students will share the responsibility for improved student
achievement and the means by which the school and parents will
build and develop a partnership to help children achieve the
State's high academic standards.
(e) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the
school, parents, and the community to improve student
achievement, each school and local educational agency--
(1) shall provide assistance to participating parents
in such areas as understanding the State's academic
content standards and State student academic
achievement standards, State and local academic
assessments, the requirements of this part, and how to
monitor a child's progress and work with educators to
improve the performance of their children;
(2) shall provide materials and training to help
parents to work with their children to improve their
children's achievement;
(3) shall educate teachers, pupil services personnel,
principals and other staff, with the assistance of
parents, in the value and utility of contributions of
parents, and in how to reach out to, communicate with,
and work with parents as equal partners, implement and
coordinate parent programs, and build ties between
parents and the school;
(4) shall coordinate and integrate parent involvement
programs and activities with Head Start, Reading First,
Early Reading First, Even Start, the Home Instruction
Programs for Preschool Youngsters, the Parents as
Teachers Program, and public preschool programs and
other programs, to the extent feasible and appropriate;
(5) shall ensure, to the extent possible, that
information related to school and parent programs,
meetings, and other activities is sent to the parents
of participating children in the language used by such
parents;
(6) may involve parents in the development of
training for teachers, principals, and other educators
to improve the effectiveness of such training in
improving instruction and services to the children of
such parents in a format, and to the extent
practicable, in a language the parent can understand;
(7) may provide necessary literacy training from
funds received under this part if the local educational
agency has exhausted all other reasonably available
sources of funding for such activities;
(8) may pay reasonable and necessary expenses
associated with local parental involvement activities,
including transportation and child care costs, to
enable parents to participate in school-related
meetings and training sessions;
(9) may train parents to enhance the involvement of
other parents;
(10) may arrange for teachers or other educators, who
work directly with participating children, to conduct
in-home conferences with parents who are unable to
attend such conferences at school;
(11) may adopt and implement model approaches to
improving parental involvement;
(12) may establish a districtwide parent advisory
council to provide advice on all matters related to
parental involvement in programs supported under this
part;
(13) may develop appropriate roles for community-
based organizations and businesses in parent
involvement activities; and
(14) may arrange for teachers or other educators, who
work directly with participating children, to conduct
in-home conferences with parents who are unable to
attend such conferences at school.
(f) Accessibility.--In carrying out the parental involvement
requirements of this part, local educational agencies and
schools, to the extent practicable, shall provide full
opportunities for the participation of parents with limited
English proficiency or with disabilities and parents of
migratory children, including providing information and school
reports required under section 1111 in a format, and to the
extent practicable, in a language such parents understand.
SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
(a) Teachers.--
(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all teachers hired on or after the effective date of
the No Child Left Behind Act of 2001 and teaching in a
program supported with funds under this part are fully
qualified.
(2) Plan.--Each State receiving assistance under this
part shall develop and submit to the Secretary a plan
to ensure that all teachers teaching within the State
are fully qualified not later than December 31, 2005.
Such plan shall include an assurance that the State
will require each local educational agency and school
receiving funds under this part publicly to report
their annual progress on the agency's and the school's
performance in increasing the percentage of classes in
core academic areas taught by fully qualified teachers.
(b) New Paraprofessionals.--
(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all paraprofessionals hired 1 year or more after the
effective date of the No Child Left Behind Act of 2001
and working in a program supported with funds under
this part shall--
(A) have completed at least 2 years of study
at an institution of higher education;
(B) have obtained an associate's (or higher)
degree; or
(C) have met a rigorous standard of quality
that demonstrates, through a formal academic
assessment--
(i) knowledge of, and the ability to
assist in instructing reading, writing,
and math; or
(ii) knowledge of, and the ability to
assist in instructing reading
readiness, writing readiness, and math
readiness, as appropriate.
(2) Clarification.--For purposes of paragraph (1)(C),
the receipt of a high school diploma (or its recognized
equivalent) shall be necessary but not by itself
sufficient to satisfy the requirements of such
paragraph.
(c) Existing Paraprofessionals.--Each local educational
agency receiving assistance under this part shall ensure that
all paraprofessionals hired before the date that is 1 year
after the effective date of the No Child Left Behind Act of
2001 and working in a program supported with funds under this
part shall, not later than 3 years after such effective date,
satisfy the requirements of subsection (b).
(d) Exceptions for Translation and Parental Involvement
Activities.--Subsections (b) and (c) shall not apply to a
paraprofessional--
(1) who is proficient in English and a language other
than English and who provides services primarily to
enhance the participation of children in programs under
this part by acting as a translator; or
(2) whose duties consist solely of conducting
parental involvement activities consistent with section
1118.
(e) General Requirement for All Paraprofessionals.--Each
local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program
supported with funds under this part, regardless of the
paraprofessional's hiring date, possess a high school diploma
or its recognized equivalent.
(f) Duties of Paraprofessionals.--
(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
a paraprofessional working in a program supported with
funds under this part is not assigned a duty
inconsistent with this subsection.
(2) Responsibilities paraprofessionals may be
assigned.--A paraprofessional described in paragraph
(1) may only be assigned--
(A) to provide one-on-one tutoring for
eligible students, if the tutoring is scheduled
at a time when a student would not otherwise
receive instruction from a teacher;
(B) to assist with classroom management, such
as organizing instructional and other
materials;
(C) to provide assistance in a computer
laboratory;
(D) to conduct parental involvement
activities;
(E) to provide support in a library or media
center;
(F) to act as a translator; or
(G) to provide instructional services to
students.
(3) Additional limitations.--A paraprofessional
described in paragraph (1)--
(A) may not provide any instructional service
to a student unless the paraprofessional is
working under the direct supervision of a fully
qualified teacher; and
(B) may not provide instructional services to
students in the area of reading, writing, or
math unless the paraprofessional has
demonstrated, through a State or local academic
assessment, the ability to effectively carry
out reading, writing, or math instruction.
(g) Use of Funds.--
(1) Professional development.--A local educational
agency receiving funds under this part may use such
funds to support ongoing training and professional
development to assist teachers and paraprofessionals in
satisfying the requirements of this section.
(2) Limitation on use of funds for
paraprofessionals.--
(A) In general.--Beginning on and after the
effective date of the No Child Left Behind Act
of 2001, a local educational agency may not use
funds received under this part to fund any
paraprofessional hired after such date unless
the hiring is to fill a vacancy created by the
departure of another paraprofessional funded
under this part and such new paraprofessional
satisfies the requirements of subsection (b),
except as provided in subsection (d).
(B) Exception.--Subparagraph (A) shall not
apply for a fiscal year to a local educational
agency that can demonstrate to the State that
all teachers under the jurisdiction of the
agency are fully qualified.
(h) Verification of Compliance.--
(1) In general.--In verifying compliance with this
section, each local educational agency at a minimum
shall require that the principal of each school
operating a program under section 1114 or 1115 annually
attest in writing as to whether such school is in
compliance with the requirements of this section.
(2) Availability of information.--Copies of
attestations under paragraph (1)--
(A) shall be maintained at each school
operating a program under section 1114 or 1115
and at the main office of the local educational
agency; and
(B) shall be available to any member of the
general public upon request.
SEC. 1119A. PROFESSIONAL DEVELOPMENT.
(a) Purpose.--The purpose of this section is to assist each
local educational agency receiving assistance under this part
in increasing the academic achievement of children served under
this part through improved teacher quality.
(b) Professional Development Activities.--Professional
development activities under this section shall--
(1) give teachers, principals, and administrators the
knowledge and skills to provide students with the
opportunity to meet challenging State or local academic
content standards and student academic achievement
standards;
(2) support the recruiting, hiring, and training of
fully qualified teachers, including teachers fully
qualified through State and local alternative routes;
(3) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a
minimum, in reading or language arts and mathematics;
(4) be directly related to the curriculum and content
areas in which the teacher provides instruction, except
this requirement does not apply to activities that
instruct in methods of improving student behavior;
(5) be designed to enhance the ability of a teacher
to understand and use the State's academic standards
for the subject area in which the teacher provides
instruction;
(6) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing
student achievement or substantially increasing the
knowledge and teaching skills of teachers;
(7) be of sufficient intensity and duration (not to
include 1-day or short-term workshops and conferences)
to have a positive and lasting impact on the teacher's
performance in the classroom;
(8) be developed with extensive participation of
teachers, principals, parents, and administrators of
schools to be served under this part;
(9) be designed to give teachers of limited English
proficient children, other teachers, and instructional
staff the knowledge and skills to provide instruction
and appropriate language and academic support services
to such children, including the appropriate use of
curriculum and academic assessments;
(10) to the extent appropriate, provide training for
teachers in the use of technology so that technology
and its applications are effectively used in the
classroom to improve teaching and learning in the
curriculum and academic content areas in which the
teachers provide instruction; and
(11) as a whole, be regularly evaluated for their
impact on increased teacher effectiveness and improved
student achievement, with the findings of such
evaluations used to improve the quality of professional
development.
(c) Additional Professional Development Activities.--Such
professional development activities may include--
(1) instruction in the use of data and academic
assessments to inform and instruct classroom practice;
(2) instruction in ways that teachers, principals,
pupil services personnel, and school administrators may
work more effectively with parents;
(3) the forming of partnerships with institutions of
higher education to establish school-based teacher
training programs that provide prospective teachers and
novice teachers with an opportunity to work under the
guidance of experienced teachers and college faculty;
(4) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part)
to obtain the education necessary for such
paraprofessionals to become licensed and certified
teachers; and
(5) instruction in ways to teach special needs
children.
(d) Program Participation.--Each local educational agency
receiving assistance under this part may design professional
development programs so that--
(1) all school staff in schools participating in a
schoolwide program under section 1114 can participate
in professional development activities; and
(2) all school staff in targeted assistance schools
may participate in professional development activities
if such participation will result in better addressing
the needs of students served under this part.
(e) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation is appropriate.
(f) Consortia.--In carrying out such professional development
programs, local educational agencies may provide services
through consortia arrangements with other local educational
agencies, educational service agencies or other local
consortia, institutions of higher education, or other public or
private institutions or organizations.
(g) Consolidation of Funds.--Funds provided under this part
that are used for professional development purposes may be
consolidated with funds provided under title II of this Act and
other sources.
(h) Special Rule.--No State educational agency shall require
a school or a local educational agency to expend a specific
amount of funds for professional development activities under
this part, except that this paragraph shall not apply with
respect to requirements under section 1116(b)(3)(A)(iii).
SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in a local educational agency who are enrolled
in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs, and shall ensure
that teachers and families of these students
participate, on an equitable basis, in services and
activities developed pursuant to sections 1118 and
1119A.
(2) Secular, neutral, nonideological.--Such
educational services or other benefits, including
materials and equipment, shall be secular, neutral, and
nonideological.
(3) Equity.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public
school children participating under this part, and
shall be provided in a timely manner.
(4) Expenditures.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas
based on the number of children from low-income
families who attend private schools, which the local
educational agency may determine each year or every 2
years.
(5) Provision of services.--The local educational
agency shall provide services under this section
directly or through contracts with public and private
agencies, organizations, and institutions.
(b) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials during the
design and development of such agency's programs under
this part, on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be academically
assessed and how the results of that assessment
will be used to improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the amount of funds
generated by low-income private school children
in each participating attendance area;
(F) the method or sources of data that are
used under subsection (a)(4) and section
1113(c)(2) to determine the number of children
from low-income families in participating
school attendance areas who attend private
schools; and
(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough
consideration and analysis of the views of the
private school officials on the provision of
contract services through potential third party
providers.
If the local educational agency disagrees with the views of
the private school officials on the provision of services,
through a contract, the local educational agency shall provide
in writing to such private school officials, an analysis of the
reasons why the local educational agency has chosen not to use
a contractor.
(2) Timing.--Such consultation shall include meetings
of agency and private school officials and shall occur
before the local educational agency makes any decision
that affects the opportunities of eligible private
school children to participate in programs under this
part. Such meetings shall continue throughout
implementation and assessment of services provided
under this section.
(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local
educational agency can use to provide equitable
services to eligible private school children.
(4) Documentation.--Each local educational agency
shall maintain in its records and provide to the State
educational agency a written affirmation signed by
officials of each participating private school that the
consultation required by this section has occurred.
(5) Compliance.--Private school officials shall have
the right to appeal to the State as to whether the
consultation provided for in this section was
meaningful and timely, and that due consideration was
given to the views of private school officials. If the
private school wishes to appeal, the basis of the claim
of noncompliance with this section by a local
educational agency shall be provided to the State, and
the local educational agency shall forward the
documentation provided in subsection (b)(4) to the
State.
(c) Public Control of Funds.--
(1) In general.--The control of funds provided under
this part, and title to materials, equipment, and
property purchased with such funds, shall be in a
public agency, and a public agency shall administer
such funds and property.
(2) Provision of services.--(A) The provision of
services under this section shall be provided--
(i) by employees of a public agency; or
(ii) through contract by such public agency
with an individual, association, agency, or
organization.
(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be
under the control and supervision of such public
agency.
(d) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation on an
equitable basis of eligible children enrolled in private
elementary and secondary schools or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for such participation, as required by
this section, the Secretary shall--
(1) waive the requirements of this section for such
local educational agency;
(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 8505 and
8506; and
(3) in making the determination, consider 1 or more
factors, including the quality, size, scope, and
location of the program and the opportunity of eligible
children to participate.
(e) Capital Expenses.--
(1) In general.--(A) From the amount appropriated for
this subsection under section 1002(g) for any fiscal
year, each State is eligible to receive an amount that
bears the same ratio to the amount so appropriated as
the number of private school children who received
services under this part in the State in the most
recent year for which data satisfactory to the
Secretary are available bears to the number of such
children in all States in that same year.
(B) The Secretary shall reallocate any amounts
allocated under subparagraph (A) that are not used by a
State for the purpose of this subsection to other
States on the basis of their respective needs, as
determined by the Secretary.
(2) Capital expenses.--(A) A local educational agency
may apply to the State educational agency for payments
for capital expenses consistent with this subsection.
(B) State educational agencies shall distribute such
funds under this subsection to local educational
agencies based on the degree of need set forth in their
respective applications for assistance under this
subsection.
(3) Uses of funds.--Any funds appropriated to carry
out this subsection shall be used only for capital
expenses incurred to provide equitable services for
private school children under this section.
SEC. 1120A. FISCAL REQUIREMENTS.
(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 8501 of this Act.
(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--
(1) In general.--A State or local educational agency
shall use funds received under this part only to
supplement the amount of funds that would, in the
absence of such Federal funds, be made available from
non-Federal sources for the education of pupils
participating in programs assisted under this part, and
not to supplant such funds.
(2) Special rule.--No local educational agency shall
be required to provide services under this part through
a particular instructional method or in a particular
instructional setting in order to demonstrate such
agency's compliance with paragraph (1).
(c) Comparability of Services.--
(1) In general.--(A) Except as provided in paragraphs
(4) and (5), a local educational agency may receive
funds under this part only if State and local funds
will be used in schools served under this part to
provide services that, taken as a whole, are at least
comparable to services in schools that are not
receiving funds under this part.
(B) If the local educational agency is serving all of
such agency's schools under this part, such agency may
receive funds under this part only if such agency will
use State and local funds to provide services that,
taken as a whole, are substantially comparable in each
school.
(C) A local educational agency may meet the
requirements of subparagraphs (A) and (B) on a grade-
span by grade-span basis or a school-by-school basis.
(2) Written assurance.--(A) A local educational
agency shall be considered to have met the requirements
of paragraph (1) if such agency has filed with the
State educational agency a written assurance that such
agency has established and implemented--
(i) a local educational agency-wide salary
schedule;
(ii) a policy to ensure equivalence among
schools in teachers, administrators, and other
staff; and
(iii) a policy to ensure equivalence among
schools in the provision of curriculum
materials and instructional supplies.
(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and
local funds, or instructional salaries per pupil from
State and local funds, staff salary differentials for
years of employment shall not be included in such
determinations.
(C) A local educational agency need not include
unpredictable changes in student enrollment or
personnel assignments that occur after the beginning of
a school year in determining comparability of services
under this subsection.
(3) Procedures and records.--Each local educational
agency assisted under this part shall--
(A) develop procedures for compliance with
this subsection; and
(B) maintain records that are updated
biennially documenting such agency's compliance
with this subsection.
(4) Inapplicability.--This subsection shall not apply
to a local educational agency that does not have more
than 1 building for each grade span.
(5) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational
agency may exclude State and local funds expended for--
(A) English language instruction for children
of limited English proficiency; and
(B) excess costs of providing services to
children with disabilities as determined by the
local educational agency.
(d) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State or local educational
agency may exclude supplemental State or local funds expended
in any school attendance area or school for programs that meet
the intent and purposes of this part.
SEC. 1120B. COORDINATION REQUIREMENTS.
(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities
described in subsection (b) with Head Start Agencies, and if
feasible, other early childhood development programs such as
Early Reading First.
(b) Activities.--The activities referred to in subsection (a)
are activities that increase coordination between the local
educational agency and a Head Start agency, and, if feasible,
other early childhood development programs, such as Early
Reading First serving children who will attend the schools of
such agency, including--
(1) developing and implementing a systematic
procedure for receiving records regarding such children
transferred with parental consent from a Head Start
program or, where applicable, other early childhood
development programs such as Early Reading First;
(2) establishing channels of communication between
school staff and their counterparts in such Head Start
agencies (including teachers, social workers, and
health staff) or other early childhood development
programs such as Early Reading First, as appropriate,
to facilitate coordination of programs;
(3) conducting meetings involving parents,
kindergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs such as Early
Reading First, to discuss the developmental and other
needs of individual children;
(4) organizing and participating in joint transition
related training of school staff, Head Start staff,
Early Reading First staff and, where appropriate, other
early childhood staff; and
(5) linking the educational services provided in such
local educational agency with the services provided in
local Head Start agencies and Early Reading First
programs.
(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations
promulgated under the Head Start Act.
Subpart 2--Allocations
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a),
the Secretary shall reserve a total of 1 percent to provide
assistance to--
(1) the outlying areas in the amount determined in
accordance with subsection (b); and
(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection (d).
(b) Assistance to Outlying Areas.--
(1) Funds reserved.--From the amount made available
for any fiscal year under subsection (a), the Secretary
shall award grants to the outlying areas.
(2) Competitive grants.--For each of fiscal years
2002 and 2003, the Secretary shall carry out the
competition described in paragraph (3), except that the
amount reserved to carry out such competition shall not
exceed the amount reserved under this section for the
freely associated states for fiscal year 1999.
(3) Limitation for competitive grants.--
(A) Competitive grants.--The Secretary shall
use funds described in paragraph (2) to award
grants, on a competitive basis, to the outlying
areas and freely associated States to carry out
the purposes of this part.
(B) Award basis.--The Secretary shall award
grants under subparagraph (A) on a competitive
basis, pursuant to the recommendations of the
Pacific Region Educational Laboratory in
Honolulu, Hawaii.
(C) Administrative costs.--The Secretary may
provide not more than 5 percent of the amount
reserved for grants under this paragraph to pay
the administrative costs of the Pacific Region
Educational Laboratory under subparagraph (B).
(4) Special rule.--The provisions of Public Law 95-
134, permitting the consolidation of grants by the
outlying areas, shall not apply to funds provided to
the freely associated States under this section.
(c) Definitions.--For the purposes of subsections (a) and
(b)--
(1) the term ``freely associated States'' means the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau; and
(2) the term ``outlying area'' means the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(d) Allotment to the Secretary of the Interior.--
(1) In general.--The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
(A) Indian children on reservations served by
elementary and secondary schools for Indian
children operated or supported by the
Department of the Interior; and
(B) out-of-State Indian children in
elementary and secondary schools in local
educational agencies under special contracts
with the Department of the Interior.
(2) Payments.--From the amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such terms
as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The amount
of such payment may not exceed, for each such child,
the greater of--
(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
(B) 48 percent of such expenditure in the
United States.
SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND TARGETED
GRANTS.
(a) Allocation Formula.--Of the amount appropriated to carry
out this part for each of fiscal years 2002 through 2006
(referred to in this subsection as the current fiscal year)--
(1) an amount equal to the amount appropriated to
carry out section 1124 for fiscal year 2001 shall be
allocated in accordance with section 1124;
(2) an amount equal to the amount appropriated to
carry out section 1124A for fiscal year 2001 shall be
allocated in accordance with section 1124A; and
(3) an amount equal to 100 percent of the amount, if
any, by which the amount appropriated under section
1002(a) for the current fiscal year exceeds the amount
appropriated under such section for fiscal year 2001
shall be allocated in accordance with section 1125.
(b) Adjustments Where Necessitated by Appropriations.--
(1) In general.--If the sums available under this
part for any fiscal year are insufficient to pay the
full amounts that all local educational agencies in
States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and
(d) of this section.
(2) Additional funds.--If additional funds become
available for making payments under sections 1124,
1124A, and 1125 for such fiscal year, allocations that
were reduced under paragraph (1) shall be increased on
the same basis as they were reduced.
(c) Hold-Harmless Amounts.--
(1) Amounts for sections 1124 and 1125.--For each
fiscal year, the amount made available to each local
educational agency under each of sections 1124 and 1125
shall be--
(A) not less than 95 percent of the amount
made available in the preceding fiscal year if
the number of children counted for grants under
section 1124 is not less than 30 percent of the
total number of children aged 5 to 17 years,
inclusive, in the local educational agency;
(B) not less than 90 percent of the amount
made available in the preceding fiscal year if
the percentage described in subparagraph (A) is
between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available in the preceding fiscal year if
the percentage described in subparagraph (A) is
below 15 percent.
(2) Amount for section 1124a.--The amount made
available to each local educational agency under
section 1124A shall be not less than 85 percent of the
amount made available in the preceding fiscal year.
(3) Payments.--If sufficient funds are appropriated,
the amounts described in paragraph (2) shall be paid to
all local educational agencies that received grants
under section 1124A for the preceding fiscal year,
regardless of whether the local educational agency
meets the minimum eligibility criteria for that fiscal
year provided in section 1124A(a)(1)(A) except that a
local educational agency that does not meet such
minimum eligibility criteria for 4 consecutive years
shall no longer be eligible to receive a hold harmless
amount referred to in paragraph (2).
(4) Population data.--In any fiscal year for which
the Secretary calculates grants on the basis of
population data for counties, the Secretary shall apply
the hold harmless percentages in paragraphs (1) and (2)
to counties, and if the Secretary's allocation for a
county is not sufficient to meet the hold-harmless
requirements of this subsection for every local
educational agency within that county, the State
educational agency shall reallocate funds
proportionately from all other local educational
agencies in the State that are receiving funds in
excess of the hold harmless amounts specified in this
subsection.
(d) Ratable Reductions.--
(1) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for
such fiscal year, amounts that were reduced under
paragraph (1) shall be increased on the same basis as
such amounts were reduced.
(e) Definition.--For the purpose of this section and sections
1124, 1124A, and 1125, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Amount of Grants.--
(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (4) and in
section 1126, the grant that a local educational agency
is eligible to receive under this section for a fiscal
year is the amount determined by multiplying--
(A) the number of children counted under
subsection (c); and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent or more than 48
percent, of the average per-pupil expenditure
in the United States.
(2) Calculation of grants.--
(A) Allocations to local educational
agencies.--The Secretary shall calculate grants
under this section on the basis of the number
of children counted under subsection (c) for
local educational agencies, unless the
Secretary and the Secretary of Commerce
determine that some or all of those data are
unreliable or that their use would be otherwise
inappropriate, in which case--
(i) the 2 Secretaries shall publicly
disclose the reasons for their
determination in detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local
educational agencies.--(i) For any fiscal year
in which this paragraph applies, the Secretary
shall calculate grants under this section for
each local educational agency.
(ii) The amount of a grant under this section
for each large local educational agency shall
be the amount determined under clause (i).
(iii) For small local educational agencies,
the State educational agency may either--
(I) distribute grants under this
section in amounts determined by the
Secretary under clause (i); or
(II) use an alternative method
approved by the Secretary to distribute
the portion of the State's total grants
under this section that is based on
those small agencies.
(iv) An alternative method under clause
(iii)(II) shall be based on population data
that the State educational agency determines
best reflect the current distribution of
children in poor families among the State's
small local educational agencies that meet the
eligibility criteria of subsection (b).
(v) If a small local educational agency is
dissatisfied with the determination of its
grant by the State educational agency under
clause (iii)(II), it may appeal that
determination to the Secretary, who shall
respond not later than 45 days after receipt of
such appeal.
(vi) As used in this subparagraph--
(I) the term ``large local
educational agency'' means a local
educational agency serving an area with
a total population of 20,000 or more;
and
(II) the term ``small local
educational agency'' means a local
educational agency serving an area with
a total population of less than 20,000.
(3) Allocations to counties.--
(A) Calculation.--For any fiscal year to
which this paragraph applies, the Secretary
shall calculate grants under this section on
the basis of the number of children counted
under section 1124(c) for counties, and State
educational agencies shall suballocate county
amounts to local educational agencies, in
accordance with regulations issued by the
Secretary.
(B) Direct allocations.--In any State in
which a large number of local educational
agencies overlap county boundaries, or for
which the State believes it has data that would
better target funds than allocating them by
county, the State educational agency may apply
to the Secretary for authority to make the
allocations under this part for a particular
fiscal year directly to local educational
agencies without regard to counties.
(C) Assurances.--If the Secretary approves
the State educational agency's application
under subparagraph (B), the State educational
agency shall provide the Secretary an assurance
that such allocations shall be made--
(i) using precisely the same factors
for determining a grant as are used
under this part; or
(ii) using data that the State
educational agency submits to the
Secretary for approval that more
accurately target poverty.
(D) Appeal.--The State educational agency
shall provide the Secretary an assurance that
it shall establish a procedure through which a
local educational agency that is dissatisfied
with its determinations under subparagraph (B)
may appeal directly to the Secretary for a
final determination.
(4) Puerto rico.--
(A) In general.--For each fiscal year, the
grant which the Commonwealth of Puerto Rico
shall be eligible to receive under this section
shall be the amount determined by multiplying
the number of children counted under subsection
(c) for the Commonwealth of Puerto Rico by the
product of--
(i) the percentage which the average
per-pupil expenditure in the
Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of
any of the 50 States; and
(ii) 32 percent of the average per-
pupil expenditure in the United States.
(B) Minimum percentage.--The percentage in
subparagraph (A)(i) shall not be less than--
(i) for fiscal year 2002, 77.5
percent;
(ii) for fiscal year 2003, 80.0
percent;
(iii) for fiscal year 2004, 82.5
percent; and
(iv) for fiscal year 2005 and
succeeding fiscal years, 85.0 percent.
(C) Limitation.--If the application of
subparagraph (B) would result in any of the 50
States or the District of Columbia receiving
less under this part than it received under
this part for the preceding fiscal year, the
percentage in subparagraph (A) shall be the
greater of the percentage in subparagraph
(A)(i) or the percentage used for the preceding
fiscal year.
(5) Definition.--For purposes of this subsection, the
term ``State'' does not include Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands.
(b) Minimum Number of Children To Qualify.--A local
educational agency is eligible for a basic grant under this
section for any fiscal year only if the number of children
counted under subsection (c) for that agency is both--
(1) 10 or more; and
(2) more than 2 percent of the total school-age
population in the agency's jurisdiction.
(c) Children To Be Counted.--
(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
(A) the number of children aged 5 to 17,
inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraph
(2);
(B) the number of children (determined under
paragraph (4) for either the preceding year as
described in that paragraph, or for the second
preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions
for neglected and delinquent children (other
than such institutions operated by the United
States), but not counted pursuant to subpart 1
of part D for the purposes of a grant to a
State agency, or being supported in foster
homes with public funds; and
(C) the number of children aged 5 to 17,
inclusive, in the school district of such
agency from families above the poverty level as
determined under paragraph (4).
(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 17, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. The
District of Columbia and the Commonwealth of Puerto
Rico shall be treated as individual local educational
agencies. If a local educational agency contains 2 or
more counties in their entirety, then each county will
be treated as if such county were a separate local
educational agency for purposes of calculating grants
under this part. The total of grants for such counties
shall be allocated to such a local educational agency,
which local educational agency shall distribute to
schools in each county within such agency a share of
the local educational agency's total grant that is no
less than the county's share of the population counts
used to calculate the local educational agency's grant.
(3) Population updates.--In fiscal year 2001 and
every 2 years thereafter, the Secretary shall use
updated data on the number of children, aged 5 to 17,
inclusive, from families below the poverty level for
local educational agencies or counties, published by
the Department of Commerce, unless the Secretary and
the Secretary of Commerce determine that use of the
updated population data would be inappropriate or
unreliable. If the Secretary and the Secretary of
Commerce determine that some or all of the data
referred to in this paragraph are inappropriate or
unreliable, they shall publicly disclose their reasons.
In determining the families which are below the poverty
level, the Secretary shall utilize the criteria of
poverty used by the Bureau of the Census in compiling
the most recent decennial census, in such form as those
criteria have been updated by increases in the Consumer
Price Index for all urban consumers, published by the
Bureau of Labor Statistics.
(4) Other children to be counted.--For the purposes
of this section, the Secretary shall determine the
number of children aged 5 to 17, inclusive, from
families above the poverty level on the basis of the
number of such children from families receiving an
annual income, in excess of the current criteria of
poverty, from payments under a State program funded
under part A of title IV of the Social Security Act;
and in making such determinations the Secretary shall
utilize the criteria of poverty used by the Bureau of
the Census in compiling the most recent decennial
census for a family of 4 in such form as those criteria
have been updated by increases in the Consumer Price
Index for all urban consumers, published by the Bureau
of Labor Statistics. The Secretary shall determine the
number of such children and the number of children aged
5 through 17 living in institutions for neglected or
delinquent children, or being supported in foster homes
with public funds, on the basis of the caseload data
for the month of October of the preceding fiscal year
(using, in the case of children described in the
preceding sentence, the criteria of poverty and the
form of such criteria required by such sentence which
were determined for the calendar year preceding such
month of October) or, to the extent that such data are
not available to the Secretary before January of the
calendar year in which the Secretary's determination is
made, then on the basis of the most recent reliable
data available to the Secretary at the time of such
determination. The Secretary of Health and Human
Services shall collect and transmit the information
required by this subparagraph to the Secretary not
later than January 1 of each year. For the purpose of
this section, the Secretary shall consider all children
who are in correctional institutions to be living in
institutions for delinquent children.
(5) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated
estimate of the number of children of such ages who are
from families below the poverty level (as determined
under subparagraph (A) of this paragraph) in each
school district, and the Secretary is authorized to pay
(either in advance or by way of reimbursement) the
Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of
a State for the collection of additional census
information.
(d) State Minimum.--Notwithstanding section 1122, the
aggregate amount allotted for all local educational agencies
within a State may not be less than the lesser of--
(1) 0.25 percent of total grants under this section;
or
(2) the average of--
(A) one-quarter of 1 percent of the total
amount available for such fiscal year under
this section; and
(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national
average per-pupil payment made with funds
available under this section for that year.
SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility for and Amount of Grants.--
(1) In general.--(A) Except as otherwise provided in
this paragraph, each local educational agency, in a
State other than Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, which is eligible for a grant under section
1124 for any fiscal year is eligible for an additional
grant under this section for that fiscal year if the
number of children counted under section 1124(c) in the
agency exceeds either--
(i) 6,500; or
(ii) 15 percent of the total number of
children aged 5 through 17 in the agency.
(B) Notwithstanding section 1122, no State described
in subparagraph (A) shall receive less than the lesser
of--
(i) 0.25 percent of total grants; or
(ii) the average of--
(I) one-quarter of 1 percent of the
sums available to carry out this
section for such fiscal year; and
(II) the greater of--
(aa) $340,000; or
(bb) the number of children
in such State counted for
purposes of this section in
that fiscal year multiplied by
150 percent of the national
average per-pupil payment made
with funds available under this
section for that year.
(2) Special rule.--For each county or local
educational agency eligible to receive an additional
grant under this section for any fiscal year the
Secretary shall determine the product of--
(A) the number of children counted under
section 1124(c) for that fiscal year; and
(B) the quotient resulting from the division
of the amount determined for those agencies
under section 1124(a)(1) for the fiscal year
for which the determination is being made
divided by the total number of children counted
under section 1124(c) for that agency for that
fiscal year.
(3) Amount.--The amount of the additional grant for
which an eligible local educational agency or county is
eligible under this section for any fiscal year shall
be an amount which bears the same ratio to the amount
available to carry out this section for that fiscal
year as the product determined under paragraph (2) for
such local educational agency for that fiscal year
bears to the sum of such products for all local
educational agencies in the United States for that
fiscal year.
(4) Local allocations.--(A) Grant amounts under this
section shall be determined in accordance with section
1124(a)(2) and (3).
(B) For any fiscal year for which the Secretary
allocates funds under this section on the basis of
counties, a State may reserve not more than 2 percent
of its allocation under this section to make grants to
local educational agencies that meet the criteria of
paragraph (1)(A)(i) or (ii) and are in ineligible
counties that do not meet these criteria.
(b) States Receiving Minimum Grants.--In States that receive
the minimum grant under subsection (a)(1)(B), the State
educational agency shall allocate such funds among the local
educational agencies in each State either--
(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
(2) based on their respective concentrations and
numbers of children counted under section 1124(c),
except that only those local educational agencies with
concentrations or numbers of children counted under
section 1124(c) that exceed the statewide average
percentage of such children or the statewide average
number of such children shall receive any funds on the
basis of this paragraph.
SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a targeted
grant under this section for any fiscal year if the number of
children in the local educational agency counted under
subsection 1124(c), before application of the weighting factor
described in subsection (c), is at least 10, and if the number
of children counted for grants under section 1124 is at least 5
percent of the total population aged 5 to 17 years, inclusive,
in the local educational agency. For each fiscal year for which
the Secretary uses county population data to calculate grants,
funds made available as a result of applying this subsection
shall be reallocated by the State educational agency to other
eligible local educational agencies in the State in proportion
to the distribution of other funds under this section.
(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--
(1) In general.--The amount of the grant that a local
educational agency in a State or that the District of
Columbia is eligible to receive under this section for
any fiscal year shall be the product of--
(A) the weighted child count determined under
subsection (c); and
(B) the amount in paragraph 1124(a)(1)(B).
(2) Puerto rico.--For each fiscal year, the amount of
the grant for which the Commonwealth of Puerto Rico is
eligible under this section shall be equal to the
number of children counted under subsection (c) for
Puerto Rico, multiplied by the amount determined in
subparagraph 1124(a)(4).
(c) Weighted Child Count.--
(1) Weights for allocations to counties.--
(A) In general.--For each fiscal year for
which the Secretary uses county population data
to calculate grants, the weighted child count
used to determine a county's allocation under
this section is the larger of the 2 amounts
determined under clause (i) or (ii), as
follows:
(i) By percentage of children.--This
amount is determined by adding--
(I) the number of children
determined under section
1124(c) for that county
constituting up to 15 percent,
inclusive, of the county's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(II) the number of such
children constituting more than
15 percent, but not more than
19 percent, of such population,
multiplied by 1.75;
(III) the number of such
children constituting more than
19 percent, but not more than
24.20 percent, of such
population, multiplied by 2.5;
(IV) the number of such
children constituting more than
24.20 percent, but not more
than 29.20 percent, of such
population, multiplied by 3.25;
and
(V) the number of such
children constituting more than
29.20 percent of such
population, multiplied by 4.0.
(ii) By number of children.--This
amount is determined by adding--
(I) the number of children
determined under section
1124(c) constituting up to
2,311, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children between 2,312 and
7,913, inclusive, in such
population, multiplied by 1.5;
(III) the number of such
children between 7,914 and
23,917, inclusive, in such
population, multiplied by 2.0;
(IV) the number of such
children between 23,918 and
93,810, inclusive, in such
population, multiplied by 2.5;
and
(V) the number of such
children in excess of 93,811 in
such population, multiplied by
3.0.
(B) Puerto rico.--Notwithstanding
subparagraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under subsection 1124(c) multiplied by
1.72.
(2) Weights for allocations to local educational
agencies.--
(A) In general.--For each fiscal year for
which the Secretary uses local educational
agency data, the weighted child count used to
determine a local educational agency's grant
under this section is the larger of the 2
amounts determined under clauses (i) and (ii),
as follows:
(i) By percentage of children.--This
amount is determined by adding--
(I) the number of children
determined under section
1124(c) for that local
educational agency constituting
up to 15.233 percent,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(II) the number of such
children constituting more than
15.233 percent, but not more
than 22.706 percent, of such
population, multiplied by 1.75;
(III) the number of such
children constituting more than
22.706 percent, but not more
than 32.213 percent, of such
population, multiplied by 2.5;
(IV) the number of such
children constituting more than
32.213 percent, but not more
than 41.452 percent, of such
population, multiplied by 3.25;
and
(V) the number of such
children constituting more than
41.452 percent of such
population, multiplied by 4.0.
(ii) By number of children.--This
amount is determined by adding--
(I) the number of children
determined under section
1124(c) constituting up to 710,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(II) the number of such
children between 711 and 2,384,
inclusive, in such population,
multiplied by 1.5;
(III) the number of such
children between 2,385 and
9,645, inclusive, in such
population, multiplied by 2.0;
(IV) the number of such
children between 9,646 and
54,600, inclusive, in such
population, multiplied by 2.5;
and
(V) the number of such
children in excess of 54,601 in
such population, multiplied by
3.0.
(B) Puerto rico.--Notwithstanding
subparagraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under section 1124(c) multiplied by
1.72.
(d) Calculation of Grant Amounts.--Grants under this section
shall be calculated in accordance with section 1124(a)(2) and
(3).
(e) State Minimum.--Notwithstanding any other provision of
this section or section 1122, from the total amount available
for any fiscal year to carry out this section, each State shall
be allotted at least the lesser of--
(1) 0.25 percent of total appropriations; or
(2) the average of--
(A) one-quarter of 1 percent of the total
amount available to carry out this section; and
(B) 150 percent of the national average grant
under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State's
total number of children described in section
1124(c), without application of a weighting
factor.
SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
(a) Allocations for Neglected Children.--
(1) In general.--If a State educational agency
determines that a local educational agency in the State
is unable or unwilling to provide for the special
educational needs of children who are living in
institutions for neglected children as described in
subparagraph (B) of section 1124(c)(1), the State
educational agency shall, if such agency assumes
responsibility for the special educational needs of
such children, receive the portion of such local
educational agency's allocation under sections 1124,
1124A, and 1125 that is attributable to such children.
(2) Special rule.--If the State educational agency
does not assume such responsibility, any other State or
local public agency that does assume such
responsibility shall receive that portion of the local
educational agency's allocation.
(b) Allocations Among Local Educational Agencies.--The State
educational agency may allocate the amounts of grants under
sections 1124, 1124A, and 1125 among the affected local
educational agencies--
(1) if 2 or more local educational agencies serve, in
whole or in part, the same geographical area;
(2) if a local educational agency provides free
public education for children who reside in the school
district of another local educational agency; or
(3) to reflect the merger, creation, or change of
boundaries of 1 or more local educational agencies.
(c) Reallocation.--If a State educational agency determines
that the amount of a grant a local educational agency would
receive under sections 1124, 1124A, and 1125 is more than such
local agency will use, the State educational agency shall make
the excess amount available to other local educational agencies
in the State that need additional funds in accordance with
criteria established by the State educational agency.
SEC. 1127. CARRYOVER AND WAIVER.
(a) Limitation on Carryover.--Notwithstanding section 421 of
the General Education Provisions Act or any other provision of
law, not more than 15 percent of the funds allocated to a local
educational agency for any fiscal year under this subpart (but
not including funds received through any reallocation under
this subpart) may remain available for obligation by such
agency for 1 additional fiscal year.
(b) Waiver.--A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if--
(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart
become available.
(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local educational agency that
receives less than $50,000 under this subpart for any fiscal
year.
SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
Any school that receives funds under this part shall ensure
that educational services or other benefits provided under this
part, including materials and equipment, shall be secular,
neutral, and nonideological.
[PART B--WILLIAM F. GOODLING EVEN START FAMILY LITERACY PROGRAMS]
PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
Subpart 1--Reading First
SEC. 1201. FINDINGS.
The Congress finds as follows:
(1) The 2000 National Assessment of Educational
Progress found that 68 percent of fourth grade students
in the United States are reading below the proficient
level.
(2) According to the 2000 National Assessment of
Educational Progress report on reading, 63 percent of
African Americans, 58 percent of Hispanic Americans, 60
percent of children living in poverty, and 47 percent
of children in urban schools scored ``below basic'' in
reading.
(3) More than \1/2\ of the students placed in special
education classes are identified as learning disabled
and, for as many as 80 percent of the students so
identified, reading is the primary difficulty.
(4) It is estimated that, at a minimum, 10,000,000
children have difficulty learning to read. 10 to 15
percent of those children eventually drop out of high
school, and only 2 percent complete a 4-year program at
an institution of higher education.
(5) It is estimated that the number of children who
are typically identified as poor readers can be
significantly reduced through the implementation of
early identification and prevention programs that are
based on scientifically based reading research.
(6) The report issued by the National Reading Panel
in 2000 found that the course of reading instruction
that obtains maximum benefits for students includes
explicit and systematic instruction in phonemic
awareness, phonics, vocabulary development, reading
fluency, and reading comprehension strategies.
SEC. 1202. PURPOSES.
The purposes of this subpart are as follows:
(1) To provide assistance to States and local
educational agencies in establishing reading programs
for students in grades kindergarten through 3 that are
based on scientifically based reading research, in
order to ensure that every student can read at grade
level or above not later than the end of the third
grade.
(2) To provide assistance to States and local
educational agencies in preparing teachers, including
special education teachers, through professional
development and other support, so the teachers can
identify specific reading barriers facing their
students and so the teachers have the tools to
effectively help their students learn to read.
(3) To provide assistance to States and local
educational agencies in selecting and administering
rigorous diagnostic reading and screening assessment
tools that are valid and reliable, document the
effectiveness of this subpart in improving the reading
skills of students, and improve classroom instruction.
(4) To provide assistance to States and local
educational agencies in selecting or developing
effective classroom instructional materials, programs,
and strategies to implement scientific research-based
methods that have been proven to prevent or remediate
reading failure.
(5) To strengthen coordination among schools and
early literacy programs in order to improve reading
achievement for all children.
SEC. 1203. FORMULA GRANTS TO STATES.
(a) In General.--
(1) Authorization to make grants.--In the case of
each State that in accordance with section 1204 submits
to the Secretary an application for a 5-year period,
the Secretary, subject to the application's approval,
shall make a grant to the State for the uses specified
in subsections (c) and (d). For each fiscal year, the
funds provided under the grant shall equal the
allotment determined for the State under subsection
(b).
(2) Duration of grants.--
(A) In general.--Subject to subparagraph (B),
a grant under this section shall be awarded for
a period of not more than 5 years.
(B) Interim review.--
(i) Progress report.--
(I) Submission.--Not later
than 60 days after the
termination of the third year
of the grant period, each State
receiving a grant under this
section shall submit a progress
report to the Secretary.
(II) Information included.--
The progress report shall
include information on the
progress the State, and local
educational agencies within the
State, are making in reducing
the number of students served
under this subpart in the first
and second grades who are
reading below grade level, as
demonstrated by such
information as teacher reports
and school evaluations of
mastery of the essential
components of reading
instruction. The report shall
also include evidence from the
State and its local educational
agencies that they have
significantly increased the
number of students reading at
grade level or above,
significantly increased the
percentages of students in
ethnic, racial, and low-income
populations who are reading at
grade level or above, and
successfully implemented this
subpart.
(ii) Peer review.--The progress
report described in clause (i) shall be
reviewed by the peer review panel
convened under section 1204(c)(2).
(iii) Consequences of insufficient
progress.--After the submission of the
progress report described in clause
(i), if the Secretary determines that
the State is not making significant
progress in meeting the purposes of
this subpart, the Secretary may
withhold from the State, in whole or in
part, further payments under this
section in accordance with section 455
of the General Education Provisions Act
(20 U.S.C. 1234d) or take such other
action authorized by law as the
Secretary deems necessary, including
providing technical assistance upon
request of the State.
(b) Determination of Amount of Allotments.--
(1) Reservations from appropriations.--From the total
amount made available under section 1002(b)(1) to carry
out this subpart for a fiscal year, the Secretary--
(A) shall reserve \1/2\ of 1 percent for
allotments for the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be distributed
among these outlying areas on the basis of
their relative need, as determined by the
Secretary in accordance with the purposes of
this subpart;
(B) shall reserve \1/2\ of 1 percent for the
Secretary of the Interior for programs under
this subpart in schools operated or funded by
the Bureau of Indian Affairs;
(C) shall reserve not more than 3 percent or
$30,000,000, whichever is less, to carry out
section 1206;
(D) may reserve not more than 1 percent to
carry out section 1207; and
(E) shall reserve $5,000,000 to carry out
section 1208.
(2) State allotments.--From the total amount made
available under section 1002(b)(1) to carry out this
subpart for a fiscal year and not reserved under
paragraph (1), the Secretary shall allot 80 percent
under this section among each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico.
(3) Determination of state allotment amounts.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall allot the amount made
available under paragraph (2) for a fiscal year
among the States described in such paragraph in
proportion to the number of children, aged 5 to
17, who reside within the State from families
with incomes below the poverty line (as defined
by the Office of Management and Budget and
revised annually in accordance with section
673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family
of the size involved for the most recent fiscal
year for which satisfactory data are available,
compared to the number of such individuals who
reside in all such States for that fiscal year.
(B) Exceptions.--
(i) In general.--Subject to clause
(ii), no State receiving an allotment
under subparagraph (A) may receive less
than \1/4\ of 1 percent of the total
amount allotted under such
subparagraph.
(ii) Puerto rico.--The percentage of
the amount allotted under subparagraph
(A) that is allotted to the
Commonwealth of Puerto Rico for a
fiscal year may not exceed the
percentage that was received by the
Commonwealth of Puerto Rico of the
funds allocated to all States under
subpart 2 of part A for the preceding
fiscal year.
(4) Reallotment.--If a State described in paragraph
(2) does not apply for an allotment under this section
for any fiscal year, or if the State's application is
not approved, the Secretary shall reallot such amount
to the remaining States in accordance with paragraph
(3).
(c) Subgrants to Local Educational Agencies.--
(1) Distribution of subgrants.--The Secretary may
make a grant to a State under this section only if the
State agrees to expend at least 80 percent of the
amount of the funds provided under the grant for the
purpose of making, in accordance with this subsection,
competitive subgrants to local educational agencies.
(2) Notice.--A State receiving a grant under this
section shall provide notice to all local educational
agencies in the State of the availability of
competitive subgrants under this subsection and of the
requirements for applying for the subgrants.
(3) Local applications.--To be eligible to receive a
subgrant under this subsection, a local educational
agency shall submit an application to the State at such
time, in such manner, and containing such information
as the State may reasonably require.
(4) Limitation to certain local agencies.--A State
receiving a grant under this section may award
subgrants under this subsection only to local
educational agencies--
(A) that have the highest percentages of
students in grades kindergarten through 3
reading below grade level; and
(B) that--
(i) have jurisdiction over--
(I) a geographic area that
includes an area designated as
an empowerment zone, or an
enterprise community, under
part I of subchapter U of
chapter 1 of the Internal
Revenue Code of 1986; or
(II) a significant number of
schools that are identified for
school improvement under
section 1116(b); or
(ii) are located in areas having the
greatest numbers or percentages of
children aged 5 through 17 from low-
income families.
(5) State requirement.--In distributing subgrant
funds to local educational agencies under this
subsection, a State shall provide funds in sufficient
size and scope to enable local educational agencies to
improve reading instruction, as determined by rigorous
diagnostic reading and screening assessment tools.
(6) Limitation to certain schools.--In distributing
subgrant funds under this subsection, a local
educational agency may provide funds only to schools--
(A) that have the highest percentages of
students in grades kindergarten through 3
reading below grade level; and
(B) that--
(i) are identified for school
improvement under section 1116(b); or
(ii) have the greatest numbers or
percentages of children aged 5 through
17 from low-income families.
(7) Local uses of funds.--
(A) Required uses.--Subject to paragraph (8),
a local educational agency that receives a
subgrant under this subsection shall use the
funds provided under the subgrant to carry out
the following activities:
(i) Selecting and administering
rigorous diagnostic reading and
screening assessment tools.
(ii) Selecting and implementing a
program or programs of classroom
reading instruction based on
scientifically based reading research
that--
(I) includes the essential
components of reading
instruction; and
(II) provides such
instruction to all children,
including children who--
(aa) may have reading
difficulties;
(bb) are at risk of
being referred to
special education based
on these difficulties;
(cc) have been
evaluated under section
614 of the Individuals
with Disabilities
Education Act but, in
accordance with section
614(b)(5) of such Act,
have not been
identified as being a
child with a disability
(as defined in section
602 of such Act);
(dd) are being served
under such Act
primarily due to being
identified as being a
child with a specific
learning disability (as
defined in section 602
of such Act) related to
reading;
(ee) are deficient in
their phonemic
awareness, phonics
skills, vocabulary
development, oral
reading fluency, or
comprehension
strategies; or
(ff) are identified
as having limited
English proficiency.
(iii) Procuring classroom
instructional materials based on
scientifically based reading research.
(iv) Providing professional
development for teachers of grades
kindergarten through 3, and special
education teachers of grades
kindergarten through 12, that--
(I) will prepare these
teachers in all of the
essential components of reading
instruction;
(II) shall include--
(aa) information,
instructional
materials, programs,
strategies, and
approaches based on
scientifically based
reading research,
including early
intervention and
classroom reading
materials and remedial
programs and
approaches; and
(bb) instruction in
the use of rigorous
diagnostic reading and
screening assessment
tools and other
procedures that
effectively identify
students who may be at
risk for reading
failure or who are
having difficulty
reading;
(III) shall be provided by
eligible professional
development providers; and
(IV) will assist teachers in
becoming fully qualified in
accordance with the
requirements of section 1119.
(B) Optional uses.--Subject to paragraph (8),
a local educational agency that receives a
subgrant under this subsection may use the
funds provided under the subgrant to carry out
the following activities:
(i) Providing training to parents and
other individuals who volunteer to be
reading tutors in the essential
components of reading instruction.
(ii) Providing family literacy
services, especially to parents
enrolled in participating schools,
through the use of library materials
and reading programs, strategies, and
approaches that are based on
scientifically based reading research,
to encourage reading and support their
children's reading development.
(8) Local planning and administration.--A local
educational agency that receives a subgrant under this
subsection may use not more than 2 percent of the funds
provided under the subgrant for planning and
administration.
(d) Other State Uses of Funds.--
(1) Professional development.--
(A) In general.--A State that receives a
grant under this section may expend not more
than 15 percent of the amount of the funds
provided under the grant--
(i) to develop and implement a
program of in-service professional
development for teachers of
kindergarten through third grade, and
special education teachers of grades
kindergarten through 12, that--
(I) will prepare these
teachers in all of the
essential components of reading
instruction;
(II) shall include--
(aa) information on
interventions,
instructional
materials, programs,
and approaches based on
scientifically based
reading research,
including early
intervention and
reading remediation
materials, programs,
and approaches; and
(bb) instruction in
the use of rigorous
diagnostic reading and
screening assessment
tools and other
procedures to improve
instruction and
effectively identify
students who may be at
risk for reading
failure or who are
having difficulty
reading; and
(III) shall be provided by
eligible professional
development providers;
(ii) to strengthen and enhance
professional development courses for
students preparing, at all public
institutions of higher education in the
State, to teach kindergarten through
third grades by--
(I) reviewing such courses to
determine whether their content
is consistent with the findings
of the most current
scientifically based reading
research, including findings on
the essential components of
reading instruction;
(II) following up such
reviews with recommendations to
ensure that such institutions
offer courses that meet the
highest standards; and
(III) preparing a report on
the results of such reviews,
submitting it to the reading
and literacy partnership for
the State established under
section 1204(d), and making it
available for public review via
the Internet; and
(iii) to make recommendations on how
the State's licensure and certification
standards in the area of reading might
be improved.
(B) Funds not used for professional
development.--Any portion of the funds
described in subparagraph (A) that a State does
not expend in accordance with such subparagraph
shall be expended for the purpose of making
subgrants in accordance with subsection (c).
(2) Other state-level activities.--A State that
receives a grant under this section may expend not more
than 3 percent of the amount of the funds provided
under the grant for one or more of the following
authorized State activities:
(A) Assisting local educational agencies in
accomplishing the tasks required to design and
implement a classroom reading program under
this subpart, including--
(i) selecting and implementing a
program or programs of classroom
reading instruction based on
scientifically based reading research;
(ii) selecting rigorous diagnostic
reading and screening assessment tools;
and
(iii) identifying eligible
professional development providers to
help prepare reading teachers to teach
students using the programs and
assessments described in clauses (i)
and (ii);
(B) Providing to students in kindergarten
through third grades, through appropriate
providers, reading instruction that includes--
(i) rigorous diagnostic reading and
screening assessment tools; and
(ii) as need is indicated by such
assessments, instruction based on
scientifically based reading research
that includes the essential components
of reading instruction.
(3) Planning, administration, and reporting.--
(A) In general.--A State that receives a
grant under this section shall expend not more
than 2 percent of the amount of the funds
provided under the grant for the activities
described in this paragraph.
(B) Planning and administration.--A State
that receives a grant under this section may
expend funds described in subparagraph (A)
for--
(i) planning and administration
relating to the State uses of funds
authorized under this subpart,
including administering the
distribution of competitive subgrants
to local educational agencies under
this section and section 1205; and
(ii) assessing and evaluating, on a
regular basis, local educational agency
activities assisted under this subpart,
with respect to whether they have been
effective in increasing the number of
children in first and second grades
served under this subpart who can read
at or above grade level.
(C) Annual reporting.--
(i) In general.--A State that
receives a grant under this section
shall expend funds provided under the
grant to provide the Secretary annually
with a report on the implementation of
this subpart. The report shall include
evidence that the State is fulfilling
its obligations under this subpart. The
report shall include a specific
identification of those schools and
local educational agencies that report
the largest gains in reading
achievement.
(ii) Privacy protection.--Data in the
report shall be set forth in a manner
that protects the privacy of
individuals.
(iii) Contract.--To the extent
practicable, a State shall enter into a
contract with an entity that conducts
scientifically based reading research,
under which contract the entity will
produce the reports required to be
submitted under this subparagraph.
SEC. 1204. STATE FORMULA GRANT APPLICATIONS.
(a) In General.--A State that desires to receive a grant
under section 1203 shall submit an application to the Secretary
at such time and in such form as the Secretary may require. The
application shall contain the information described in
subsection (b).
(b) Contents.--An application under this section shall
contain the following:
(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has
established a reading and literacy partnership
described in subsection (d), and a description of how
such partnership--
(A) coordinated the development of the
application; and
(B) will assist in the oversight and
evaluation of the State's activities under this
subpart.
(2) An assurance that the State will submit to the
Secretary, at such time and in such manner as the
Secretary may reasonably require, a State plan
containing a description of a process--
(A) to evaluate programs carried out by local
educational agencies under this subpart;
(B) to assist local educational agencies in
identifying rigorous diagnostic reading and
screening assessment tools; and
(C) to assist local educational agencies in
identifying interventions, and instructional
materials, programs and approaches, based on
scientifically based reading research,
including early intervention and classroom
reading materials and remedial programs and
approaches.
(3) An assurance that the State, and local
educational agencies in the State, will participate in
all national evaluations under this subpart.
(c) Approval of Applications.--
(1) In general.--The Secretary, in consultation with
the peer review panel convened under paragraph (2),
shall approve an application of a State under this
section if such application meets the requirements of
this section.
(2) Peer review.--
(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
(i) 3 individuals selected by the
Secretary;
(ii) 3 individuals selected by the
National Institute for Literacy;
(iii) 3 individuals selected by the
National Research Council of the
National Academy of Sciences; and
(iv) 3 individuals selected by the
National Institute of Child Health and
Human Development.
(B) Experts.--The panel shall include experts
who are competent, by virtue of their training,
expertise, or experience, to evaluate
applications under this section, and experts
who provide professional development to
teachers of reading to children and adults, and
experts who provide professional development to
other instructional staff, based on
scientifically based reading research.
(C) Recommendations.--The panel shall
recommend grant applications from States under
this section to the Secretary for funding or
for disapproval.
(d) Reading and Literacy Partnerships.--
(1) In general.--In order for a State to receive a
grant under section 1203, the Governor of the State, in
consultation with the State educational agency, shall
establish a reading and literacy partnership.
(2) Required participants.--The reading and literacy
partnership shall include the following participants:
(A) The Governor of the State.
(B) The chief State school officer.
(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
(D) A representative, selected jointly by the
Governor and the chief State school officer, of
at least one local educational agency that is
eligible to receive a subgrant under section
1203.
(E) A representative, selected jointly by the
Governor and the chief State school officer, of
a community-based organization working with
children to improve their reading skills,
particularly a community-based organization
using tutors and scientifically based reading
research.
(F) State directors of appropriate Federal or
State programs with a strong reading component.
(G) A parent of a public or private school
student or a parent who educates their child or
children in their home, selected jointly by the
Governor and the chief State school officer.
(H) A teacher, who may be a special education
teacher, who successfully teaches reading and
an instructional staff member, selected jointly
by the Governor and the chief State school
officer.
(I) A family literacy service provider
selected jointly by the Governor and the chief
state school officer.
(3) Optional participants.--The reading and literacy
partnership may include additional participants, who
shall be selected jointly by the Governor and the chief
State school officer, and who may include a
representative of--
(A) an institution of higher education
operating a program of teacher preparation
based on scientifically based reading research
in the State;
(B) a local educational agency;
(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
(D) an adult education provider;
(E) a volunteer organization that is involved
in reading programs; or
(F) a school library or a public library that
offers reading or literacy programs for
children or families.
SEC. 1205. DISCRETIONARY GRANTS TO STATES.
(a) In General.--In the case of a State that, in accordance
with sections 1203 and 1204, has received approval of an
application for a 5-year formula grant, the Secretary may make
additional 2-year discretionary grants to the State for the use
specified in (d). For each fiscal year, the funds provided
under the discretionary grant shall equal the allotment
determined for the State under subsection (b).
(b) Determination of Amount of Allotments.--From the total
amount made available under section 1002(b)(1) to carry out
this subpart for a fiscal year and not reserved under paragraph
(1), the Secretary, upon the recommendation of the peer review
panel convened under section 1204(c)(2), shall allot 20 percent
under this section among the States described in subsection
(a)--
(1) for fiscal years 2002 and 2003, based upon a
determination of such States' relative likelihood of
effectively implementing a program under this subpart;
and
(2) for fiscal year 2004 and subsequent fiscal years,
based upon such States' applications under subsection
(c).
(c) State Discretionary Grant Applications.--
(1) In general.--A State that desires to receive a
grant under this section for a grant period that
includes any fiscal year after fiscal year 2003 shall
submit the information described in paragraph (3) to
the Secretary at such time and in such form as the
Secretary may require.
(2) Peer review.--The peer review panel convened
under section 1204(c)(2) shall review the information
submitted under this subsection. The panel shall
recommend such applications to the Secretary for
funding or for disapproval.
(3) Information.--The information described in this
paragraph is the following:
(A) An assurance that the State will award
competitive subgrants to local educational
agencies consistent with subsection (d)(4).
(B) An assurance that the State will ensure
that local educational agencies that receive a
subgrant under subsection (d) use the funds
provided under the subgrant in accordance with
subsection (d)(5).
(C) Evidence that the State has increased
significantly the percentage of students
reading at grade level or above.
(D) Evidence that the State has been
successful in increasing the percentage of
students in ethnic, racial, and low-income
populations who are reading at grade level or
above.
(E) Any additional evidence that demonstrates
success in the implementation of this subpart.
(d) Subgrants to Local Educational Agencies.--
(1) In general.--The Secretary may make a grant to a
State under this section only if the State agrees to
expend 100 percent of the amount of the funds provided
under the grant for the purpose of making competitive
subgrants in accordance with this subsection to local
educational agencies.
(2) Notice.--A State receiving a grant under this
section shall provide notice to all local educational
agencies in the State of the availability of
competitive subgrants under this subsection and of the
requirements for applying for the subgrants.
(3) Application.--To be eligible to receive a
subgrant under this subsection, a local educational
agency shall submit an application to the State at such
time, in such manner, and containing such information
as the State may reasonably require.
(4) Distribution.--
(A) In general.--A State shall distribute
subgrants under this section through a
competitive process based on relative need and
the evidence described in this paragraph.
(B) Evidence used in all years.--For all
fiscal years, a State shall distribute
subgrants under this section based on evidence
that a local educational agency--
(i) satisfies the requirements of
section 1203(c)(4);
(ii) will carry out its obligations
under this subpart, particularly
paragraph (5); and
(iii) will work with other local
educational agencies in the State that
have not received a subgrant under this
subsection to assist such non-receiving
agencies in increasing the reading
achievement of students.
(C) Evidence used in fiscal years after
2003.--For fiscal year 2004 and subsequent
fiscal years, a State shall distribute
subgrants under this section based on the
evidence described in subparagraph (B) and, in
addition, evidence that a local educational
agency--
(i) has significantly increased the
percentage of all students reading at
grade level or above;
(ii) has significantly increased the
percentage of students in ethnic,
racial, and low-income populations who
are reading at grade level or above;
and
(iii) has demonstrated success in the
implementation of this subpart.
(5) Local uses of funds.--A local educational agency
that receives a subgrant under this subsection--
(A) shall use the funds provided under the
subgrant to carry out the activities described
in section 1203(c)(7)(A); and
(B) may use such funds to carry out the
activities described in section 1203(c)(7)(B).
(e) Definition.--For purposes of this section, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
SEC. 1206. EXTERNAL EVALUATION.
(a) In General.--From funds reserved under section
1203(b)(1)(C), the Secretary shall contract with an independent
outside organization for a 5-year, rigorous, scientifically
valid, quantitative evaluation of this subpart.
(b) Process.--Such evaluation shall be conducted by an
organization outside of the Department that is capable of
designing and carrying out an independent evaluation that
identifies the effects of specific activities carried out by
States and local educational agencies under this subpart on
improving reading instruction. Such evaluation shall use only
data relating to students served under this subpart and shall
take into account factors influencing student performance that
are not controlled by teachers or education administrators.
(c) Analysis.--Such evaluation shall include the following:
(1) An analysis of the relationship between each of
the essential components of reading instruction and
overall reading proficiency.
(2) An analysis of whether assessment tools used by
States and local educational agencies measure the
essential components of reading instruction.
(3) An analysis of how State reading standards
correlate with the essential components of reading
instruction.
(4) An analysis of whether the receipt of a
discretionary grant under section 1205 results in an
increase in the number of children who read
proficiently.
(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
(6) A measurement of the extent to which specific
rigorous diagnostic reading and screening assessment
tools assist teachers in identifying specific reading
deficiencies.
(7) A measurement of the extent to which professional
development programs implemented by States using funds
received under this subpart improve reading
instruction.
(8) A measurement of how well students preparing to
enter the teaching profession are prepared to teach the
essential components of reading instruction.
(9) An analysis of changes in students' interest in
reading and time spent reading outside of school.
(10) Any other analysis or measurement pertinent to
this subpart that is determined to be appropriate by
the Secretary.
(d) Program Improvement.--The findings of the evaluation
conducted under this section shall be provided to States and
local educational agencies on a periodic basis for use in
program improvement.
SEC. 1207. NATIONAL ACTIVITIES.
From funds reserved under section 1203(b)(1)(D), the
Secretary may provide technical assistance in achieving the
purposes of this subpart to States, local educational agencies,
and schools requesting such assistance.
SEC. 1208. INFORMATION DISSEMINATION.
(a) In General.--From funds reserved under section
1203(b)(1)(E), the National Institute for Literacy, in
collaboration with the Secretary of Education, the Secretary of
Health and Human Services, and the Director of the National
Institute for Child Health and Human Development--
(1) shall disseminate information on scientifically
based reading research pertaining to children, youth,
and adults;
(2) shall identify and disseminate information about
schools, local educational agencies, and States that
effectively developed and implemented classroom reading
programs that meet the requirements of this subpart,
including those effective States, local educational
agencies, and schools identified through the evaluation
and peer review provisions of this subpart; and
(3) shall support the continued identification and
dissemination of information on reading programs that
contain the essential components of reading instruction
as supported by scientifically based reading research,
that can lead to improved reading outcomes for
children, youth, and adults.
(b) Dissemination.--
(1) In general.--At a minimum, the National Institute
for Literacy shall disseminate such information to--
(A) recipients of Federal financial
assistance under part A of this title, part A
of title III, the Head Start Act, the
Individuals with Disabilities Education Act,
and the Adult Education and Family Literacy
Act; and
(B) each Bureau funded school (as defined in
section 1141(3) of the Education Amendments of
1978).
(2) Use of existing networks.--In carrying out this
section, the National Institute for Literacy shall, to
the extent practicable, utilize existing information
and dissemination networks developed and maintained
through other public and private entities.
SEC. 1209. DEFINITIONS.
For purposes of this subpart:
(1) Eligible professional development provider.--The
term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers, including special education
teachers, that is based on scientifically based reading
research.
(2) Essential components of reading instruction.--The
term ``essential components of reading instruction''
means explicit and systematic instruction in--
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) oral reading fluency; and
(E) reading comprehension strategies.
(3) Instructional staff.--The term ``instructional
staff''--
(A) means individuals who have responsibility
for teaching children to read; and
(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
(4) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
(B) The ability to decode unfamiliar words.
(C) The ability to read fluently.
(D) Sufficient background information and
vocabulary to foster reading comprehension.
(E) The development of appropriate active
strategies to construct meaning from print.
(F) The development and maintenance of a
motivation to read.
(5) Rigorous diagnostic reading and screening
assessment tools.--The term ``rigorous diagnostic
reading and screening assessment tools'' means
assessments that--
(A) are valid, reliable, and based on
scientifically based reading research;
(B) measure progress in developing phonemic
awareness and phonics skills, vocabulary,
reading fluency, and reading comprehension;
(C) identify students who may be at risk for
reading failure or who are having difficulty
reading; and
(D) are used to improve instruction.
(6) Scientifically based reading research.--The term
``scientifically based reading research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to reading
development, reading instruction, and reading
difficulties; and
(B) shall include research that--
(i) employs systematic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
Subpart 2--Early Reading First
SEC. 1221. PURPOSES.
The purposes of this subpart are as follows:
(1) To improve prereading skills in children aged 3
through 5, particularly children from low-income
families, in high-quality oral language and literature-
rich environments.
(2) To provide professional development for early
childhood teachers that prepares them with scientific
research-based knowledge of early reading development
to assist in developing the children's--
(A) automatic recognition of the letters of
the alphabet;
(B) understanding that spoken words are made
up of small segments of speech sounds and that
certain letters regularly represent such speech
sounds;
(C) spoken vocabulary and oral comprehension
abilities; and
(D) understanding of semiotic concepts.
(3) To use scientific research-based screening tools
or other appropriate measures to determine whether
preschool children are developing the skills identified
in this section.
(4) To identify and provide scientific research-based
prereading language and literacy activities and
instructional materials that can be used to assist in
the development of prereading skills in children.
(5) To integrate such scientific research-based
instructional materials and literacy activities with
existing programs of preschools, child care agencies,
and Head Start centers, and with family literacy
services.
SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall make awards, on a
competitive basis and for periods of not more than 5 years, to
eligible applicants to enable such applicants to carry out
activities that are consistent with the purposes of this
subpart.
(b) Definition of Eligible Applicant.--In this subpart, the
term ``eligible applicant'' means--
(1) a local educational agency;
(2) one or more public or private organizations,
acting on behalf of one or more programs that serve
children aged 3 through 5 (such as a program at a child
care agency or Head Start center or a family literacy
program), which organizations shall be located in a
community served by a local educational agency; or
(3) one or more local educational agencies in
collaboration with one or more organizations described
in paragraph (2).
(c) Applications.--An eligible applicant that desires to
receive a grant under this subpart shall submit an application
to the Secretary, which shall include a description of--
(1) the programs to be served by the proposed
project, including general demographic and
socioeconomic information on the communities in which
the proposed project will be administered;
(2) how the proposed project will enhance the school
readiness of children aged 3 through 5 in high-quality
oral language and literature-rich environments;
(3) how the proposed project will provide early
childhood teachers with scientific research-based
knowledge of early reading development and assist such
teachers in developing the children's prereading
skills;
(4) how the proposed project will provide services
and utilize instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development
of spoken vocabulary skills;
(5) how the proposed project will integrate such
instructional materials and literacy activities with
existing preschool programs and family literacy
services;
(6) how the proposed project will help staff in the
programs to meet the diverse needs of children in the
community, including children with limited English
proficiency and children with learning disabilities;
(7) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and early reading skills,
to make the transition from preschool to formal
classroom instruction in school;
(8) how the activities conducted under this subpart
will be coordinated with the eligible applicant's
activities under subpart 1, if the applicant has
received a subgrant under such subpart, at the
kindergarten through third grade levels;
(9) how the proposed project will evaluate the
success of the activities supported under this subpart
in enhancing the early language and reading development
of children served by the project; and
(10) such other information as the Secretary may
require.
(d) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of the peer
review panel convened under section 1204(c)(2).
(e) Local Uses of Funds.--
(1) Required activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following
activities:
(A) Providing children aged 3 through 5 with
high-quality oral language and literature-rich
environments in which to acquire prereading
skills.
(B) Providing professional development for
early childhood teachers that prepares them
with scientific research-based knowledge of
early reading development to assist in
developing the children's--
(i) automatic recognition of the
letters of the alphabet;
(ii) understanding that spoken words
are made up of small segments of speech
sounds and that certain letters
regularly represent such speech sounds;
(iii) spoken vocabulary and oral
comprehension abilities; and
(iv) understanding of semiotic
concepts.
(C) Identifying and providing scientific
research-based prereading language and literacy
activities and instructional materials for use
in developing the children's--
(i) automatic recognition of the
letters of the alphabet;
(ii) understanding that spoken words
are made up of small segments of speech
sounds and that certain letters
regularly represent such speech sounds;
(iii) spoken vocabulary and oral
comprehension abilities; and
(iv) understanding of semiotic
concepts.
(2) Optional activities.--An eligible applicant that
receives a grant under this subpart may use the funds
provided under the grant to carry out the following
activities:
(A) Using scientific research-based screening
tools or other appropriate measures to
determine whether preschool children are
developing the skills identified in this
subsection.
(B) Integrating such instructional materials
and literacy activities with programs of
existing child care agencies, preschools, and
Head Start centers, and with family literacy
services.
(f) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
SEC. 1223. FEDERAL ADMINISTRATION.
The Secretary shall consult with the Secretary of Health and
Human Services in order to coordinate the activities undertaken
under this subpart with programs under the Head Start Act (42
U.S.C. 9831 et seq.).
SEC. 1224. REPORTING REQUIREMENTS.
Each eligible applicant receiving a grant under this subpart
shall report annually to the Secretary regarding the eligible
applicant's progress in addressing the purposes of this
subpart.
SEC. 1225. EVALUATION.
From the total amount made available under section 1002(b)(2)
for the period beginning October 1, 2002, and ending September
30, 2006, the Secretary shall reserve not more than $1,000,000
to conduct an independent evaluation of the effectiveness of
this subpart.
SEC. 1226. ADDITIONAL RESEARCH.
From the amount made available under section 1002(b)(2) for
each of the fiscal years 2002 through 2006, the Secretary shall
reserve not more than $3,000,000 to conduct, in consultation
with the National Institute for Child Health and Human
Development, the National Institute for Literacy, and the
Department of Health and Human Services, additional research on
language and literacy development for children aged 3 through
5.
Subpart 3--William F. Goodling Even Start Family Literacy Programs
SEC. [1201.] 1231. STATEMENT OF PURPOSE.
It is the purpose of this [part] subpart to help break the
cycle of poverty and illiteracy by improving the educational
opportunities of the Nation's low-income families by
integrating early childhood education, adult literacy or adult
basic education, and parenting education into a unified family
literacy program, to be referred to as ``Even Start''. The
program shall--
(1) * * *
* * * * * * *
(4) use instructional programs based on
scientifically based reading research (as defined in
section [2252)] 1209) and the prevention of reading
difficulties for children and adults, to the extent
such research is available.
SEC. [1202.] 1232. 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)] 1002(b)(3) (or, if such
appropriated amount exceeds $200,000,000, 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] subpart, and
according to their relative needs, for--
(A) * * *
* * * * * * *
(b) Reservation for Federal Activities.--
(1) Evaluation, technical assistance, program
improvement, and replication activities.--From amounts
appropriated under section [1002(b)] 1002(b)(3), the
Secretary may reserve not more than 3 percent of such
amounts for purposes of--
(A) carrying out the evaluation required by
section [1209] 1239; 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 2004, if the amount appropriated under section
[1002(b)] 1002(b)(3) for any of such years--
(A) is equal to or less than the amounts
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only the
amount necessary to continue multiyear
activities carried out pursuant to section
[1211(b)] 1241(b) that began during or prior to
the preceding fiscal year; or
(B) exceeds the amount 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(b)] 1241(b).
(c) Reservation for Grants.--
(1) Grants authorized.--For any fiscal year for which
at least one State applies and submits an application
that meets the requirements and goals of this
subsection and for which the amount appropriated under
section [1002(b)] 1002(b)(3) exceeds the amount
appropriated under such section for the preceding
fiscal year, the Secretary shall reserve, from the
amount of such excess remaining after the application
of subsection (b)(2), the amount of such remainder or
$1,000,000, whichever is less, to 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]
subpart. Such coordination and integration shall
include funds available under the Adult Education and
Family Literacy Act, the Head Start Act, this [part]
subpart, part A of this title, and part A of title IV
of the Social Security Act. No State may receive more
than one grant under this subsection.
(2) Consortia.--
(A) * * *
* * * * * * *
[(C) Coordination with part c of title ii.--
The consortium shall coordinate its activities
with the activities of the reading and literacy
partnership for the State established under
section 2253(d), if the State educational
agency receives a grant under section 2253.]
(C) Coordination with subpart 1.--The
consortium shall coordinate its activities with
the activities of the reading and literacy
partnership for the State established under
section 1204(d), if the State receives a grant
under section 1203.
(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall
base reading instruction on scientifically based
reading research (as such term is defined in section
[2252)] 1209).
* * * * * * *
(d) State Allocation.--
(1) In general.--From amounts appropriated under
section [1002(b)] 1002(b)(3) and not reserved under
subsections (a), (b), and (c), the Secretary shall make
grants to States from allocations under paragraph (2).
* * * * * * *
(3) Minimum.--No State shall receive a grant under
paragraph (1) in any fiscal year in an amount which is
less than $250,000, or one-half of 1 percent of the
amount appropriated under section [1002(b)] 1002(b)(3)
and not reserved under subsections (a), (b), and (c)
for such year, whichever is greater.
(e) Definitions.--For the purpose of this [part] subpart--
(1) * * *
* * * * * * *
SEC. [1203.] 1233. STATE PROGRAMS.
(a) State Level Activities.--Each State that receives a grant
under section [1202(d)(1)] 1232(d)(1) may use not more than a
total of 6 percent of the grant funds for the costs of--
(1) administration, not to exceed half of such total;
(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement
and replication, to eligible entities that receive
subgrants under subsection (b); and
(3) carrying out section [1210.] 1240.
(b) Subgrants for Local Programs.--
(1) In general.--Each State shall use the grant funds
received under section [1202(d)(1)] 1232(d)(1) and not
reserved under subsection (a) to award subgrants to
eligible entities to carry out Even Start programs.
(2) Minimum subgrant amounts.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), no State shall award
a subgrant under paragraph (1) in an amount
less than $75,000.
(B) Subgrantees in ninth and succeeding
years.--No State shall award a subgrant under
paragraph (1) in an amount less than $52,500 to
an eligible entity for a fiscal year to carry
out an Even Start program that is receiving
assistance under this [part] subpart or its
predecessor authority for the ninth (or any
subsequent) fiscal year.
* * * * * * *
SEC. [1204.] 1234. USES OF FUNDS.
(a) In General.--In carrying out an Even Start program under
this [part] subpart, a recipient of funds under this [part]
subpart shall use such funds to pay the Federal share of the
cost of providing intensive family literacy services that
involve parents and children, from birth through age seven, in
a cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
(b) Federal Share Limitation.--
(1) In general.--(A) Except as provided in paragraph
(2), the Federal share under this [part] subpart may
not exceed--
(i) 90 percent of the total cost of the
program in the first year that such program
receives assistance under this [part] subpart
or its predecessor authority;
(ii) 80 percent in the second such year;
(iii) 70 percent in the third such year;
(iv) 60 percent in the fourth such year;
(v) 50 percent in the fifth, sixth, seventh,
and eighth such years; and
(vi) 35 percent in any subsequent such year.
(B) The remaining cost of a program assisted under
this [part] subpart may be provided in cash or in kind,
fairly evaluated and may be obtained from any source,
including other Federal funds under this Act.
(2) Waiver.--The State educational agency may waive,
in whole or in part, the cost-sharing requirement
described in paragraph (1) for an eligible entity if
such entity--
(A) demonstrates that such entity otherwise
would not be able to participate in the program
assisted under this [part] subpart; and
(B) negotiates an agreement with the State
educational agency with respect to the amount
of the remaining cost to which the waiver will
be applicable.
(3) Prohibition.--Federal funds provided under this
[part] subpart may not be used for the indirect costs
of a program assisted under this [part] subpart, except
that the Secretary may waive this paragraph if an
eligible recipient of funds reserved under section
[1202(a)(1)(C)] 1232(a)(1)(C) demonstrates to the
Secretary's satisfaction that such recipient otherwise
would not be able to participate in the program
assisted under this [part] subpart.
(c) Use of Funds for Family Literacy Services.--
(1) In general.--From funds reserved under section
[1203(a),] 1233(a), a State may use a portion of such
funds to assist eligible entities receiving a subgrant
under section [1203(b)] 1233(b) in improving the
quality of family literacy services provided under Even
Start programs under this [part] subpart, except that
in no case may a State's use of funds for this purpose
for a fiscal year result in a decrease from the level
of activities and services provided to program
participants in the preceding year.
(2) Priority.--In carrying out paragraph (1), a State
shall give priority to programs that were of low
quality, as evaluated based on the indicators of
program quality developed by the State under section
[1210.] 1240.
* * * * * * *
SEC. [1205.] 1235. PROGRAM ELEMENTS.
Each program assisted under this [part] subpart shall--
(1) include the identification and recruitment of
families most in need of services provided under this
[part] subpart, as indicated by a low level of income,
a low level of adult literacy or English language
proficiency of the eligible parent or parents, and
other need-related indicators;
(2) include screening and preparation of parents,
including teenage parents and children to enable such
parents to participate fully in the activities and
services provided under this [part] subpart including
testing, referral to necessary counselling, other
developmental and support services, and related
services;
(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the
provision of support services, when such services are
unavailable from other sources, necessary for
participation in the activities assisted under this
[part] subpart, such as--
(A) scheduling and locating of services to
allow joint participation by parents and
children;
(B) child care for the period that parents
are involved in the program provided under this
[part] subpart; and
(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by this
[part] subpart;
* * * * * * *
(5) with respect to the qualifications of staff the
cost of whose salaries are paid, in whole or in part,
with Federal funds provided under this [part] subpart,
ensure that--
(A) not later than 4 years after the date of
the enactment of the Literacy Involves Families
Together Act--
(i) * * *
(ii) the individual responsible for
administration of family literacy
services under this [part] subpart has
received training in the operation of a
family literacy program; and
* * * * * * *
(6) include special training of staff, including
child care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through this [part]
subpart;
* * * * * * *
(10) use instructional programs based on
scientifically based reading research (as defined in
section [2252)] 1209) for children and adults, to the
extent such research is available;
* * * * * * *
(12) include reading readiness activities for
preschool children based on scientifically based
reading research (as defined in section [2252,)] 1209),
to the extent available, to ensure children enter
school ready to learn to read;
* * * * * * *
(14) ensure that the programs will serve those
families most in need of the activities and services
provided by this [part] subpart; and
(15) provide for an independent evaluation of the
[program.] program to be used for program improvement.
SEC. [1206.] 1236. ELIGIBLE PARTICIPANTS.
(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
(1) a parent or parents--
(A) who are eligible for participation in
adult education and literacy activities under
the Adult Education and Family Literacy Act; or
(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this [part] subpart, or who are
attending secondary school; and
(2) the child or children, from birth through age
seven, of any individual described in paragraph (1).
(b) Eligibility for Certain Other Participants.--
(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
this [part] subpart, when appropriate to serve the
purpose of this [part] subpart.
(2) Special rule.--Any family participating in a
program assisted under this [part] subpart that becomes
ineligible for such participation as a result of one or
more members of the familybecoming ineligible for such
participation may continue to participate in the
program until all members of the family become
ineligible for such participation, which--
(A) * * *
* * * * * * *
(3) Children 8 years of age or older.--If an Even
Start program assisted under this [part] subpart
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]
subpart 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 if the focus of the program continues to remain
on families with young children.
SEC. [1207.] 1237. APPLICATIONS.
(a) Submission.--To be eligible to receive a subgrant under
this [part] subpart, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
(b) Required Documentation.--Each application shall include
documentation, satisfactory to the State educational agency,
that the eligible entity has the qualified personnel needed--
(1) to develop, administer, and implement an Even
Start program under this [part] subpart; and
(2) to provide access to the special training
necessary to prepare staff for the program, which may
be offered by an eligible organization.
(c) Plan.--
(1) In general.--Such application shall also include
a plan of operation and continuous improvement for the
program which shall include--
(A) a description of the program objectives,
strategies to meet such objectives, and how
they are consistent with the program indicators
established by the State;
(B) a description of the activities and
services that will be provided under the
program, including a description of how the
program will incorporate the program elements
required by section [1205;] 1235;
* * * * * * *
(E) a statement of the methods that will be
used--
(i) to ensure that the programs will
serve families most in need of the
activities and services provided by
this [part] subpart;
(ii) to provide services under this
[part] subpart to individuals with
special needs, such as individuals with
limited English proficiency and
individuals with disabilities; and
(iii) to encourage participants to
remain in the program for a time
sufficient to meet the program's
purpose;
(F) a description of how the plan is
integrated with other programs under this Act
or other Acts, as appropriate, consistent with
section [14306;] 8306; and
* * * * * * *
(2) Duration of the plan.--Each plan submitted under
paragraph (1) shall--
(A) remain in effect for the duration of the
eligible entity's participation under this
[part] subpart; and
(B) be periodically reviewed and revised by
the eligible entity as necessary.
(d) Consolidated Application.--The plan described in
subsection (c)(1)(F) may be submitted as part of a consolidated
application under section [14302.] 8302.
SEC. [1208.] 1238. AWARD OF SUBGRANTS.
(a) Selection Process.--
(1) In general.--The State educational agency shall
establish a review panel in accordance with paragraph
(3) that will approve applications that--
(A) are most likely to be successful in--
(i) meeting the purpose of this
[part] subpart; and
(ii) effectively implementing the
program elements required under section
[1205;] 1235;
* * * * * * *
(F) demonstrate the applicant's ability to
provide the non-Federal share required by
section [1204(b);] 1234(b);
(G) are representative of urban and rural
regions of the State; and
* * * * * * *
(b) Duration.--
(1) In general.--Subgrants under this [part] subpart
may be awarded for a period not to exceed four years.
* * * * * * *
(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this [part] subpart
after the first year, the State educational agency
shall review the progress of each eligible entity in
meeting the objectives of the program referred to in
section [1207(c)(1)(A)] 1237(c)(1)(A) and shall
evaluate the program based on the indicators of program
quality developed by the State under section [1210.]
1240.
(4) Insufficient progress.--The State educational
agency may refuse to award subgrant funds if such
agency finds that the eligible entity has not
sufficiently improved the performance of the program,
as evaluated based on the indicators of program quality
developed by the State under section [1210,] 1240,
after--
(A) providing technical assistance to the
eligible entity; and
(B) affording the eligible entity notice and
an opportunity for a hearing.
(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this [part]
subpart may reapply under this [part] subpart for
additional subgrants.
(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with
section [1204(b).] 1234(b).
SEC. [1209.] 1239. EVALUATION.
From funds reserved under section [1202(b)(1),] 1232(b)(1),
the Secretary shall provide for an independent evaluation of
programs assisted under this [part] subpart--
(1) to determine the performance and effectiveness of
programs assisted under this [part] subpart;
(2) to identify effective Even Start programs
assisted under this [part] subpart that can be
duplicated and used in providing technical assistance
to Federal, State, and local programs; and
(3) to provide States and eligible entities receiving
a subgrant under this [part] subpart, directly or
through a grant or contract with an organization with
experience in the development and operation of
successful family literacy services, technical
assistance to ensure local evaluations undertaken under
section [1205(10)] 1235(10) provide accurate
information on the effectiveness of programs assisted
under this [part] subpart.
SEC. [1210.] 1240. INDICATORS OF PROGRAM QUALITY.
Each State receiving funds under this [part] subpart shall
develop, based on the best available research and evaluation
data, indicators of program quality for programs assisted under
this [part] subpart. Such indicators shall be used to monitor,
evaluate, and improve such programs within the State. Such
indicators shall include the following:
(1) * * *
* * * * * * *
SEC. [1211.] 1241. RESEARCH.
(a) In General.--The Secretary shall carry out, through grant
or contract, research into the components of successful family
literacy services, to use--
(1) to improve the quality of existing programs
assisted under this [part] subpart 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) Scientifically Based Research on Family Literacy.--
(1) In general.--From amounts reserved under section
[1202(b)(2),] 1232(b)(2), the National Institute for
Literacy, in consultation with the Secretary, shall
carry out research that--
(A) is scientifically based reading research
(as defined in section [2252);] 1209); and
* * * * * * *
(c) Dissemination.--The National Institute for Literacy shall
disseminate, pursuant to section [2258,] 1208, the results of
the research described in subsections (a) and (b) to States and
recipients of subgrants under this [part] subpart.
SEC. [1212.] 1242. CONSTRUCTION.
Nothing in this [part] shall be construed to prohibit a
recipient of funds under this part from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[PART E] Subpart 4_Inexpensive Book Distribution Program
SEC. [10501.] 1251. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
(a) Purpose.--The purpose of this program is to establish and
implement a model partnership between a governmental entity and
a private entity, to help prepare young children for reading,
and motivate older children to read, through the distribution
of inexpensive books. Local reading motivation programs
assisted under this section shall use such assistance to
provide books, training for volunteers, motivational
activities, and other essential literacy resources, and shall
assign the highest priority to serving the youngest and
neediest children in the United States.
[(a)] (b) 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.] books to young and school-aged children that motivate
them to read.
[(b)] (c) Requirements of Contract.--Any contract entered
into under subsection [(a)] (b) shall--
* * * * * * *
(4) provide that the contractor will provide such
training and 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)] (d) 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.
(e) Special Rules for Certain Subcontractors.--
(1) Funds from other federal sources.--Subcontractors
operating programs under this section in low-income
communities with a substantial number or percentage of
children with special needs, as described in subsection
(c)(3), may use funds from other Federal sources to pay
the non-Federal share of the cost of the program, if
those funds do not comprise more than 50 percent of the
non-Federal share of the funds used for the cost of
acquiring and distributing books.
(2) Waiver Authority.--Notwithstanding subsection
(c), the contractor may waive, in whole or in part, the
requirement in subsection (c)(1) for a subcontractor,
if the subcontractor demonstrates that it would
otherwise not be able to participate in the program,
and enters into an agreement with the contractor with
respect to the amount of the non-Federal share to which
the waiver will apply. In a case in which such a waiver
is granted, the requirement in subsection (c)(2) shall
not apply.
(f) Multi-year Contracts.--The contractor may enter into a
multi-year subcontract under this section, if--
(1) the contractor believes that such subcontract
will provide the subcontractor with additional leverage
in seeking local commitments; and
(2) the subcontract does not undermine the finances
of the national program.
[(d)] (g) 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 C--EDUCATION OF MIGRATORY CHILDREN
* * * * * * *
SEC. 1303. STATE ALLOCATIONS.
[(a) State Allocations.--Each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under this
part, for each fiscal year, an amount equal to--
[(1) the sum of the estimated number of migratory
children aged three through 21 who reside in the State
full time and the full-time equivalent of the estimated
number of migratory children aged three through 21 who
reside in the State part time, as determined in
accordance with subsection (e); multiplied by
[(2) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this paragraph shall not be less than 32 percent, nor
more than 48 percent, of the average expenditure per
pupil in the United States.
[(b) Allocation to Puerto Rico.--For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to--
[(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
[(2) the product of--
[(A) the percentage that the average per-
pupil expenditure in 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.]
(a) State Allocations.--
(1) Fiscal year 2002.--For fiscal year 2002, each
State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this part an amount equal
to--
(A) the sum of the estimated number of
migratory children aged three through 21 who
reside in the State full time and the full-time
equivalent of the estimated number of migratory
children aged three through 21 who reside in
the State part time, as determined in
accordance with subsection (d); multiplied by
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average expenditure per pupil
in the United States.
(2) Subsequent years.--
(A) Base amount.--
(i) In general.--Except as provided
in subsection (b) and clause (ii), each
State (other than the Commonwealth of
Puerto Rico) is entitled to receive
under this part, for fiscal year 2003
and succeeding fiscal years, an amount
equal to--
(I) the amount that such
State received under this part
for fiscal year 2002; plus
(II) the amount allocated to
the State under subparagraph
(B).
(ii) Nonparticipating states.--In the
case of a State (other than the
Commonwealth of Puerto Rico) that did
not receive any funds for fiscal year
2002 under this part, the State shall
receive, for fiscal year 2003 and
succeeding fiscal years, an amount
equal to--
(I) the amount that such
State would have received under
this part for fiscal year 2002
if its application under
section 1304 for the year had
been approved; plus
(II) the amount allocated to
the State under subparagraph
(B).
(B) Allocation of additional amount.--For
fiscal year 2003 and succeeding fiscal years,
the amount (if any) by which the funds
appropriated to carry out this part for the
year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State
receives an amount equal to--
(i) the sum of--
(I) the number of identified
eligible migratory children,
aged 3 through 21, residing in
the State during the previous
year; and
(II) the number of identified
eligible migratory children,
aged 3 through 21, who received
services under this part in
summer or intersession programs
provided by the State during
such year; multiplied by
(ii) 40 percent of the average per-
pupil expenditure in the State, except
that the amount determined under this
clause may not be less than 32 percent,
or more than 48 percent, of the average
per-pupil expenditure in the United
States.
(b) Allocation to Puerto Rico.--
(1) In general.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible
to receive under this part shall be the amount
determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth
of Puerto Rico by the product of--
(A) the percentage which the average per
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
(B) 32 percent of the average per pupil
expenditure in the United States.
(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
(A) for fiscal year 2002, 77.5 percent;
(B) for fiscal year 2003, 80.0 percent;
(C) for fiscal year 2004, 82.5 percent; and
(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
(3) Limitation.--If the application of paragraph (2)
would result in any of the 50 States or the District of
Columbia receiving less under this part than it
received under this part for the preceding fiscal year,
the percentage in paragraph (1) shall be the greater of
the percentage in paragraph (1)(A) or the percentage
used for the preceding fiscal year.
* * * * * * *
[(d) Consortium Arrangements.--
[(1) In general.--In the case of a State that
receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate
entity would result in delivery of services in a more
effective and efficient manner.
[(2) Proposals.--Any State, regardless of the amount
of such State's allocation, may submit a consortium
arrangement to the Secretary for approval.
[(3) Approval.--The Secretary shall approve a
consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will--
[(A) reduce administrative costs or program
function costs for State programs; and
[(B) make more funds available for direct
services to add substantially to the welfare or
educational attainment of children to be served
under this part.]
[(e)] (d) Determining Numbers of Eligible Children.--In order
to determine the estimated number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
(1) * * *
* * * * * * *
SEC. 1304. STATE APPLICATIONS; SERVICES.
(a) Application Required.--Any State desiring to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
(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;]
`addressed through--
(A) the full range of services that are
available for migratory children from
appropriate local, State, and Federal
educational programs;
(B) joint planning among local, State, and
Federal educational programs serving migrant
children, including programs under part A of
title III;
(C) the integration of services available
under this part with services provided by those
other programs; and
(D) measurable program goals and outcomes;
* * * * * * *
(5) 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);] the numbers and needs
of migratory children, the requirements of subsection
(d), and the availability of funds from other Federal,
State, and local programs;
* * * * * * *
(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
(1) funds received under this part will be used
only--
(A) for programs and projects, including the
acquisition of equipment, in accordance with
section [1306(b)(1);] 1306(a); and
* * * * * * *
(2) such programs and projects will be carried out in
a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115, section
1120, and subsections (b) and (c) of section 1120A, and
part [F;] H;
(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,] out in a manner
consistent with section [1118;] 1118, unless
extraordinary circumstances make implementation
consistent with such section impractical;
* * * * * * *
(7) the State will assist the Secretary in
determining the number of migratory children under
[section 1303(e)] paragraphs (1)(A) and (2)(B)(i) of
section 1303(a), through such procedures as the
Secretary may require.
* * * * * * *
[SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
[(a) Comprehensive Plan.--
[(1) In general.--Each State that receives assistance
under this part shall ensure that the State and its
local operating agencies identify and address the
special educational needs of migratory children in
accordance with a comprehensive State plan that--
[(A) is integrated with other programs under
this Act, the Goals 2000: Educate America Act,
or other Acts, as appropriate, consistent with
section 14306;
[(B) may be submitted as a part of
consolidated application under section 14302;
[(C) provides that migratory children will
have an opportunity to meet the same
challenging State content standards and
challenging State student performance
standards, set out in such plans, that all
children are expected to meet;
[(D) specifies measurable program goals and
outcomes;
[(E) encompasses the full range of services
that are available for migratory children from
appropriate local, State, and Federal
educational programs;
[(F) is the product of joint planning among
such local, State, and Federal programs,
including programs under part A, early
childhood programs, and bilingual education
programs under part A of title VII; and
[(G) provides for the integration of services
available under this part with services
provided by such other programs.
[(2) Duration of the plan.--Each such comprehensive
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) Authorized Activities.--
[(1) In general.--In implementing the comprehensive
plan described in subsection (a), each local operating
agency shall have the flexibility to determine the
activities to be provided with funds made available
under this part, except that--
[(A) before funds under this part are used to provide
services described in subparagraph (B), such funds
shall be used to meet the identified needs of migratory
children that--
[(i) result from the effects of their
migratory lifestyle, or are needed to
permit migratory children to
participate effectively in school; and
[(ii) are not addressed by services
provided under other programs,
including programs under part A; and
[(B) all migratory children who are eligible
to receive services under part A shall receive
such services with funds provided under this
part or under part A.
[(2) Construction.--Nothing in this part shall be
construed to prohibit a local operating agency from
serving migrant students simultaneously with students
with similar educational needs, in the same educational
settings where appropriate.
[(3) Special rule.--Notwithstanding section 1114, a
school that receives funds under this part shall
continue to address the identified needs described in
paragraph (1)(A).]
SEC. 1306. AUTHORIZED ACTIVITIES.
(a) In General.--
(1) Flexibility.--Each State educational agency,
through its local educational agencies, shall have the
flexibility to determine the activities to be provided
with funds made available under this part, except that
such funds shall first be used to meet the identified
needs of migratory children that result from their
migratory lifestyle, and to permit these children to
participate effectively in school.
(2) Unaddressed needs.--Funds provided under this
part shall be used to address the needs of migratory
children that are not addressed by services available
from other Federal or non-Federal programs, except that
migratory children who are eligible to receive services
under part A of this title may receive those services
through funds provided under that part, or through
funds under this part that remain after the agency
addresses the needs described in paragraph (1).
(b) Construction.--Nothing in this part shall be construed to
prohibit a local educational agency from serving migratory
children simultaneously with students with similar educational
needs in the same educational settings, where appropriate.
(c) Special Rule.--Notwithstanding section 1114, a school
that receives funds under this part shall continue to address
the identified needs described in subsection (a)(1).
* * * * * * *
SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
(a) Improvement of Coordination.--
(1) * * *
(2) Duration.--Grants under this [subpart] subsection
may be awarded for not more than five years.
[(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) Student Records.--
(1) Assistance.--The Secretary shall assist States in
developing effective methods for the transfer of
student records and in determining the number of
migratory children in each State. The Secretary, in
consultation with the States, shall determine the
minimum data elements that each State receiving funds
under this part shall collect and maintain. The
Secretary shall assist States to implement a system of
linking their student record transfer systems for the
purpose of electronic records maintenance and transfer
for migrant students.
(2) No cost for certain transfers.--A State
educational agency or local educational agency
receiving assistance under this part shall make student
records available to another State or local educational
agency that requests the records at no cost to the
requesting agency, if the request is made in order to
meet the needs of a migratory child.
(c) Availability of Funds.--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 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).
[(2) Limitation.--Not less than 10 of such grants
shall be awarded to States which receive allocations of
less than $1,000,000 if such States have approved
agreements.]
(d) Incentive Grants.--From the amounts made available to
carry out this section for any fiscal year, the Secretary may
reserve not more than $3,000,000 to award grants of not more
than $250,000 on a competitive basis to State educational
agencies that propose a consortium arrangement with another
State or other appropriate entity that the Secretary
determines, pursuant to criteria that the Secretary shall
establish, will improve the delivery of services to migratory
children whose education is interrupted.
* * * * * * *
[PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING OUT]
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR NEGLECTED OR
DELINQUENT CHILDREN AND YOUTH
SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
(a) Findings.--Congress finds the following:
(1) * * *
* * * * * * *
[(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 dropping out of school and should be targeted
by 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.]
(6) Youth returning from correctional facilities need
to be involved in programs that provide them with high-
level skills and other support to help them stay in
school and complete their education.
(7) Pregnant and parenting teenagers are a high-at-
risk group for dropping out of school and should be
targeted by dropout prevention programs.
* * * * * * *
Subpart 1--State Agency Programs
* * * * * * *
SEC. 1412. ALLOCATION OF FUNDS.
(a) * * *
[(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
subsection (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.]
(b) Subgrants to State Agencies in Puerto Rico.--
(1) In general.--For each fiscal year, the amount of
the subgrant which a State agency in the Commonwealth
of Puerto Rico shall be eligible to receive under this
part shall be the amount determined by multiplying the
number of children counted under subparagraph (a)(1)(A)
for the Commonwealth of Puerto Rico by the product of--
(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
(A) for fiscal year 2002, 77.5 percent;
(B) for fiscal year 2003, 80.0 percent;
(C) for fiscal year 2004, 82.5 percent; and
(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
(3) Limitation.--If the application of paragraph (2)
would result in any of the 50 States or the District of
Columbia receiving less under this part than it
received under this part for the preceding fiscal year,
the percentage in paragraph (1) shall be the greater of
the percentage in paragraph (1)(A) or the percentage
used for the preceding fiscal year.
* * * * * * *
[SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
[(a) State Plan.--
[(1) In general.--Each State educational agency that
desires to receive a grant under this part shall
submit, for approval by the Secretary, a plan for
meeting the 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 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 assurances 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. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--Each State educational agency that
desires to receive a grant under this part shall
submit, for approval by the Secretary, a plan for
meeting the educational needs of neglected and
delinquent youth, for assisting in their transition
from institutions to locally operated programs, and
which is integrated with other programs under this Act
or other Acts, as appropriate, consistent with section
8306.
(2) Contents.--Each such State plan shall--
(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the
effectiveness of the program in improving
academic and vocational and technical skills of
children in the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local
educational agencies in the State; and
(C) contain assurances that the State
educational agency will--
(i) ensure that programs assisted
under this part will be carried out in
accordance with the State plan
described in this subsection;
(ii) carry out the evaluation
requirements of section 1416;
(iii) ensure that the State agencies
receiving subgrants under this subpart
comply with all applicable statutory
and regulatory requirements; and
(iv) provide such other information
as the Secretary may reasonably
require.
(3) Duration of the plan.--Each such State plan
shall--
(A) remain in effect for the duration of the
State's participation under this part; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
(b) Secretarial Approval and Peer Review.--
(1) Secretarial approval.--The Secretary shall
approve each State plan that meets the requirements of
this part.
(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
(c) State Agency Applications.--Any State agency that desires
to receive funds to carry out a program under this part shall
submit an application to the State educational agency that--
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served;
(2) provides assurances that in making services
available to youth in adult correctional facilities,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided to the State educational agency;
(4) describes how the program will meet the goals and
objectives of the State plan under this subpart;
(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
(6) describes how the agency will carry out the
evaluation requirements of section 8651 and how the
results of the most recent evaluation are used to plan
and improve the program;
(7) includes data showing that the agency has
maintained fiscal effort required of a local
educational agency, in accordance with section 8501;
(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as job training programs, vocational and technical
education programs, State and local dropout prevention
programs, and special education programs;
(9) describes how States will encourage correctional
facilities receiving funds under this subpart to
coordinate with local educational agencies or
alternative education programs attended by incarcerated
youth prior to their incarceration to ensure that
student assessments and appropriate academic records
are shared jointly between the correctional facility
and the local educational agency or alternative
education program;
(10) describes how appropriate professional
development will be provided to teachers and other
staff;
(11) designates an individual in each affected
institution to be responsible for issues relating to
the transition of children and youth from the
institution to locally operated programs;
(12) describes how the agency will endeavor to
coordinate with businesses for training and mentoring
for participating youth;
(13) provides assurances that the agency will assist
in locating alternative programs through which students
can continue their education if students are not
returning to school after leaving the correctional
facility;
(14) provides assurances that the agency will work
with parents to secure parents' assistance in improving
the educational achievement of their children and
preventing their children's further involvement in
delinquent activities;
(15) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that
the agency will notify the youth's local school if such
youth--
(A) is identified as in need of special
education services while the youth is in the
facility; and
(B) intends to return to the local school;
(16) provides assurances that the agency will work
with youth who dropped out of school before entering
the facility to encourage the youth to reenter school
once the term of incarceration has been completed or
provide the youth with the skills necessary to gain
employment, continue the education of the youth, or
achieve a secondary school diploma or the recognized
equivalent if the youth does not intend to return to
school;
(17) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special
needs, taking into consideration the unique needs of
such students;
(18) describes any additional services to be provided
to youth, such as career counseling, distance learning,
and assistance in securing student loans and grants;
and
(19) provides assurances that the program under this
subpart will be coordinated with any programs operated
under the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) or other
comparable programs, if applicable.
SEC. 1415. 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, vocational and technical training,
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; and
(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] part H; and
(D) may include the costs of meeting the
evaluation requirements of section [14701]
8651.
* * * * * * *
SEC. 1418. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve not
more than [10] 15 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.
* * * * * * *
Subpart 2--Local Agency Programs
SEC. 1421. 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) * * *
* * * * * * *
[(3) operate dropout prevention programs in local
schools for youth at risk of dropping out of school and
youth returning from correctional facilities.]
(3) operate programs in local schools for youth
returning from correctional facilities and programs
which may also serve youth at risk of dropping out of
school.
SEC. 1422. 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.]
(b) Special Rule.--A local educational agency which includes
a correctional facility that operates a school is not required
to operate a program of support for children returning from
such school to a school not operated by a correctional agency
but served by such local educational agency if more than 30
percent of the youth attending the school operated by the
correctional facility will reside outside the boundaries of the
local educational agency after leaving such facility.
* * * * * * *
(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this subpart shall be designed primarily to meet the
transitional and academic needs of students returning to local
educational agencies or alternative education programs from
correctional facilities. Services to students at risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.
SEC. 1423. 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) * * *
* * * * * * *
[(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 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
subpart 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 this at-risk population of
youth;]
(4) a description of the program operated by
participating schools for children returning from
correctional facilities and the types of services that
such schools will provide such youth and other at-risk
youth;
(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and
other special needs) of the youth who will be returning
from correctional facilities and, as appropriate, other
at-risk youth expected to be served by the program and
how the school will coordinate existing educational
programs to meet the unique educational needs of such
youth;
(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other
services to meet the needs of students returning from
correctional facilities, students at risk of dropping
out of school, and other participating students,
including prenatal health care and nutrition services
related to the health of the parent and child,
parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to
community resources, and scheduling flexibility;
(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-
based youth entrepreneurship education, and mentoring
services for participating students;
(8) as appropriate, a description of how programs
will involve parents in efforts to improve the
educational achievement of their children, prevent the
involvement of their children in delinquent activities,
and encourage their children to remain in school and
complete their education;
(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as job training programs and
vocational and technical education programs serving
this at-risk population of youth.
* * * * * * *
SEC. 1424. 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.]
(1) programs that serve youth returning from
correctional facilities to local schools, to assist in
the transition of such youth to the school environment
and help them remain in school in order to complete
their education;
(2) providing assistance to other youth at risk of
dropping out of school, including pregnant and
parenting teenagers;
(3) the coordination of social, health, and other
services, including day care, for participating youth,
if the provision of such services will improve the
likelihood that such youth will complete their
education;
(4) special programs to meet the unique academic
needs of participating youth, including vocational and
technical education, special education, career
counseling, curriculum-based youth entrepreneurship
education, and assistance in securing student loans or
grants for postsecondary education; and
(5) programs providing mentoring and peer mediation.
SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER [THIS SECTION] THIS SUBPART.
Each correctional facility entering into an agreement with a
local educational agency under section 1422(a) to provide
services to youth under this [section] subpart shall--
(1) [where feasible, ensure educational programs] to
the extent practicable, ensure that 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;
* * * * * * *
(3) [where feasible,] to the extent practicable,
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;
* * * * * * *
(8) [where feasible,] to the extent practicable,
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]
subpart 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] other job training
programs, and vocational and technical education funds;
(10) coordinate programs operated under this subpart
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et
seq.) and other comparable programs, if applicable; and
[(11) if appropriate, work with local businesses to
develop training and mentoring programs for
participating youth.]
(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
youth.
* * * * * * *
Subpart 3--General Provisions
SEC. 1431. 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,] gender, 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) * * *
* * * * * * *
PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
[SEC. 1501. EVALUATIONS.
[(a) National Assessment.--
[(1) In general.--The Secretary shall conduct a
national assessment of programs assisted under this
title, in coordination with the ongoing National
Evaluation under subsection (b) that shall be planned,
reviewed, and conducted in consultation with an
independent panel of researchers, State practitioners,
local practitioners, and other appropriate individuals.
[(2) Examination.--The assessment shall examine how
well schools, local educational agencies, and States
are--
[(A) progressing toward the goal of all
children served under this title reaching the
State's challenging State content standards and
challenging State student performance
standards; and
[(B) accomplishing the purpose set forth in
section 1001(d) to achieve the goal described
in paragraph (1), including--
[(i) ensuring challenging State
content standards and challenging State
student performance standards for all
children served under this title and
aligning the efforts of States, local
educational agencies, and schools to
help such children reach such
standards;
[(ii) providing children served under
this title an enriched and accelerated
educational program through schoolwide
programs or through additional services
that increase the amount and quality of
instructional time that such children
receive;
[(iii) promoting schoolwide reform
and access for all children served
under this title to effective
instructional strategies and
challenging academic content;
[(iv) significantly upgrading the
quality of the curriculum and
instruction by providing staff in
participating schools with substantial
opportunities for professional
development;
[(v) coordinating services provided
under all parts of this title with each
other, with other educational and pupil
services, including preschool services,
and, to the extent feasible, with
health and social service programs
funded from other sources;
[(vi) affording parents of children
served under this title meaningful
opportunities to participate in the
education of their children at home and
at school, such as the provision of
family literacy services;
[(vii) distributing resources to
areas where needs are greatest;
[(viii) improving accountability, as
well as teaching and learning, by
making assessments under this title
congruent with State assessment
systems; and
[(ix) providing greater
decisionmaking authority and
flexibility to schools in exchange for
greater responsibility for student
performance.
[(3) NAEP information.--Where feasible, the Secretary
shall use information gathered from a variety of
sources, including the National Assessment of
Educational Progress, State evaluations, and available
research studies, in carrying out this subsection.
[(4) Interim and final reports.--The Secretary shall
submit to the President and the appropriate committees
of the Congress an interim report by January 1, 1996,
summarizing the preliminary findings of the assessment
and a final report of the findings of the assessment by
January 1, 1999.
[(b) Studies and Data Collection.--
[(1) In general.--The Secretary may collect such
data, as necessary, at the State, local, and school
levels and conduct studies and evaluations, including
national studies and evaluations, to assess on an
ongoing basis the effectiveness of programs under this
title and to report on such effectiveness on a periodic
basis. The Secretary shall report not later than
December 31, 1997 to the Committee on Education and
Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate on how
schoolwide programs are meeting the needs of children
from migratory families.
[(2) Minimum information.--At a minimum, the
Secretary shall collect trend information on the effect
of programs under this title. Such data shall
complement the data collected and reported under
subsections (a) and (c).
[(c) National Evaluation of Part A of Title I.--
[(1) In general.--The Secretary shall carry out an
ongoing evaluation of the program assisted under part A
of title I in order to provide the public, the
Congress, and educators involved in such program, an
accurate description of the short- and long-term
effectiveness of such program and to provide
information that can be used to improve such program's
effectiveness in enabling students to meet challenging
State content standards and challenging State student
performance standards, graduate from secondary school,
and make successful transitions to postsecondary
education and work. Such evaluation shall--
[(A) have a longitudinal design that tracks
cohorts of students within schools of differing
poverty concentrations for at least three years
which, when the cohorts are taken as a whole,
provides a picture of such program's
effectiveness over the elementary and secondary
grades;
[(B) be separate and independent from State
and local assessments and evaluations as
required under this title;
[(C) utilize the highest available content
standards that are generally accepted as
national in scope;
[(D) provide information on all students,
students served under part A, and, if funds are
sufficient, information on students from low-
income families, limited-English-proficient
students, and students with disabilities; and
[(E) when feasible, collect, cross-tabulate,
and report data by sex within race or ethnicity
and socioeconomic status.
[(2) Use.--The Secretary shall use the results of the
evaluation described in paragraph (1) as part of the
national assessment required by subsection (a) and
shall report the data from such evaluation to the
Congress and the public at least as frequently as
reports are made under subsection (a)(4).
[(d) Developmentally Appropriate Measures.--In conducting the
national assessment under subsection (a) and the national
ongoing evaluation under subsection (c), the Secretary shall
use developmentally appropriate measures to assess student
performance and progress.
[(e) Parental Involvement, Study, Report and Dissemination.--
[(1) In general.--The Secretary, through the Office
of Education Research and Improvement, shall conduct a
study to identify and describe--
[(A) common barriers to effective parental
involvement in the education of participating
children; and
[(B) successful local policies and programs
which improve parental involvement and the
performance of participating children.
[(2) Duties of secretary.--The Secretary shall--
[(A) complete such study by December 31,
1996;
[(B) report the findings of such study to the
Committee on Education and Labor of the House
of Representatives and to the Committee on
Labor and Human Resources of the Senate; and
[(C) disseminate the findings, relating to
the successful local policies and programs
which improve parental involvement and the
performance of participating children, to local
educational agencies.]
SEC. 1501. EVALUATIONS.
(a) National Assessment.--
(1) In general.--In accordance with this section, the
Secretary shall conduct a national assessment of
programs assisted under this title.
(2) Issues to be examined.--In conducting the
assessment under this subsection, the Secretary shall
examine--
(A) the implementation of programs assisted
under this title and the impact of such
implementation on increasing student academic
achievement, particularly schools with high
concentrations of children living in poverty;
(B) the implementation of State standards,
assessments, and accountability systems
developed under this title and the impact of
such implementation on educational programs and
instruction at the local level;
(C) the impact of schoolwide programs and
targeted assistance programs under this title
on improving student academic achievement;
(D) the extent to which varying models of
comprehensive school reform are funded under
this title, and the effect of the
implementation of such models on improving
achievement of disadvantaged students;
(E) the costs as compared to the benefits of
the activities assisted under this title;
(F) the impact of school choice options under
section 1116 on the academic achievement of
disadvantaged students, on schools in school
improvement, and on schools from which students
have transferred under such options;
(G) the extent to which actions authorized
under section 1116 of this title are employed
by State and local educational agencies to
improve the academic achievement of students in
low-performing schools, and the effectiveness
of the implementation of such actions;
(H) the extent to which technical assistance
made available under this title is used to
improve the achievement of students in low-
performing schools, and the impact of such
assistance on such achievement;
(I) the extent to which State and local
fiscal accounting requirements under this title
limit the flexibility of schoolwide programs;
(J) the impact of the professional
development activities assisted under this
title on instruction and student performance;
(K) the extent to which the assistance made
available under this title is targeted to
disadvantaged students and schools that need
them the most;
(L) the effectiveness of Federal
administration assistance made available under
this title, including monitoring and technical
assistance; and
(M) such other issues as the Secretary
considers appropriate.
(3) Sources of information.--In conducting the
assessment under this subsection, the Secretary shall
use information from a variety of sources, including
the National Assessment of Educational Progress
(carried out under section 411 of the National
Education Statistics Act of 1994 (20 U.S.C. 9010)),
state evaluations, and other research studies.
(4) Coordination.--In carrying out this subsection,
the Secretary shall--
(A) coordinate conducting the national
assessment with conducting the longitudinal
study described in subsection (c); and
(B) ensure that the independent review panel
described in subsection (d) participates in
conducting the national assessment, including
planning for and reviewing the assessment.
(5) Reports.--
(A) Interim report.--Not later than 3 years
after the date of enactment of the Leave No
Child Behind Act of 2001, the Secretary shall
transmit to the President and the Congress an
interim report on the national assessment
conducted under this subsection.
(B) Final report.--Not later than 4 years
after the date of enactment of the Leave No
Child Behind Act of 2001, the Secretary shall
transmit to the President and the Congress a
final report on the national assessment
conducted under this subsection.
(b) Studies and Data Collection.--
(1) In general.--In addition to other activities
described in this section, the Secretary may, directly
or through the making of grants to or contracts with
appropriate entities--
(A) conduct studies and evaluations of the
need for, and effectiveness of, each program
authorized under this title;
(B) collect the data necessary to comply with
the Government Performance and Results Act of
1993; and
(C) provide guidance and technical assistance
to State educational agencies and local
educational agencies in developing and
maintaining management information systems
through which such agencies can develop program
performance indicators in order to improve
services and performance.
(2) Minimum information.--Under this subsection, the
Secretary shall collect, at a minimum, trend
information on the effect of each program authorized
under this title, which shall complement the data
collected and reported under subsections (a) and (c).
(c) National Longitudinal Study.--
(1) In general.--The Secretary shall conduct a
longitudinal study of schools receiving assistance
under this title.
(2) Issues to be examined.--In carrying out this
subsection, the Secretary shall ensure that the study
referred to in paragraph (1) provides the Congress and
educators with each of the following:
(A) An accurate description and analysis of
short-term and long-term effectiveness of the
assistance made available under this title upon
academic performance.
(B) Information that can be used to improve
the effectiveness of the assistance made
available under this title in enabling students
to meet challenging achievement standards.
(C) An analysis of educational practices or
model programs that are effective in improving
the achievement of disadvantaged children.
(D) An analysis of the costs as compared to
the benefits of the assistance made available
under this title in improving the achievement
of disadvantaged children.
(E) An analysis of the effects of the
availability of school choice options under
section 1116 on the academic achievement of
disadvantaged students, on schools in school
improvement, and on schools from which students
have transferred under such options.
(F) Such other information as the Secretary
considers appropriate.
(3) Scope.--In conducting the study referred to in
paragraph (1), the Secretary shall ensure that the
study--
(A) bases its analysis on a nationally
representative sample of schools participating
in programs under this part;
(B) to the extent practicable, includes in
its analysis students who transfer to different
schools during the course of the study; and
(C) analyzes varying models or strategies for
delivering school services, including--
(i) schoolwide and targeted services;
and
(ii) comprehensive school reform
models.
(d) Independent Review Panel.--
(1) In general.--The Secretary shall establish an
independent review panel (in this subsection referred
to as the ``Review Panel'') to advise the Secretary on
methodological and other issues that arise in carrying
out subsections (a) and (c).
(2) Appointment of members.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall appoint members of the
Review Panel from among qualified individuals
who are--
(i) specialists in statistics,
evaluation, research, and assessment;
(ii) education practitioners,
including teachers, principals, and
local and State superintendents; and
(iii) other individuals with
technical expertise who would
contribute to the overall rigor and
quality of the program evaluation.
(B) Limitations.--In appointing members of
the Review Panel under this subparagraph (A),
the Secretary shall ensure that--
(i) in order to ensure diversity, a
majority of the number of individuals
appointed under subparagraph (A)(i)
represent disciplines or programs
outside the field of education; and
(ii) the total number of the
individuals appointed under
subparagraph (A)(ii) or (A)(iii) does
not exceed \1/3\ of the total number of
the individuals appointed under this
paragraph.
(3) Functions.--The Review Panel shall consult with
and advise the Secretary--
(A) to ensure that the assessment conducted
under subsection (a) and the study conducted
under subsection (c)--
(i) adhere to the highest possible
standards of quality with respect to
research design, statistical analysis,
and the dissemination of findings; and
(ii) use valid and reliable measures
to document program implementation and
impacts; and
(B) to ensure--
(i) that the final report described
in subsection (a)(5)(B) is reviewed not
later than 120 days after its
completion by not less than 2
independent experts in program
evaluation;
(ii) that such experts evaluate and
comment on the degree to which the
report complies with subsection (a);
and
(iii) that the comments of such
experts are transmitted with the report
under subsection (a)(5)(B).
SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
[(a) Demonstration Programs To Improve Achievement.--
[(1) In general.--From the]
(a) In General.--From the funds appropriated for any fiscal
year under section 1002(g)(2), the Secretary may make grants to
State educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public or private
partnerships involving business and industry organizations, and
consortia of such entities to carry out demonstration projects
that show the most promise of enabling children served under
this title to meet challenging State academic content standards
and challenging State [student performance standards] student
achievement standards. [Such projects shall include promising
strategies such as--
[(A) accelerated curricula, the application
of new technologies to improve teaching and
learning, extended learning time, and a safe
and enriched full-day environment for children
to provide children the opportunity to reach
such standards;
[(B) integration of education services with
each other and with health, family, and other
social services such as mentoring programs,
particularly in empowerment zones and
enterprise communities;
[(C) effective approaches to whole school
reform;
[(D) programs that have been especially
effective with limited-English-proficient
children, migratory children and other highly
mobile students, children leaving institutions
for neglected or delinquent children and
returning to school, and homeless children and
youth;
[(E) programs which are especially effective
in recruiting, inducting, and retaining highly
qualified teachers for service in schools with
low student achievement; and
[(F) programs that are built upon
partnerships developed between elementary and
middle schools, employers, and the community,
which emphasize the integration of high quality
academic and vocational learning, stress
excellence and high expectations for success in
academic subjects, instill responsibility,
decisionmaking, problem solving, interpersonal
skills, and other compentencies in students,
and make school relevant to the workplace and
the community, through applied and interactive
teaching methodologies, team teaching
strategies, learning opportunities connecting
school, the workplace, and the community, and
career exploration, awareness, and career
guidance opportunities.]
[(2) Evaluation.--The Secretary]
(b) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using
rigorous methodological designs and techniques, including
control groups and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness.
[(b)] (c) Partnerships.--From funds appropriated under
section 1002(g)(2) for any fiscal year, the Secretary may,
directly or through grants or contracts, work in partnership
with State educational agencies, local educational agencies,
other public agencies, and nonprofit organizations to
disseminate and use the highest quality research and knowledge
about effective practices to improve the quality of teaching
and learning in schools assisted under this title.
SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM
(a) Findings.--Congress finds the following:
(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible
citizenship and that all students should have the
opportunity to be involved in activities that promote
and demonstrate good citizenship.
(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued
improvement of their professional skills.
(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had
a distinguished career in public service characterized
by extraordinary energy and real concern for young
people. Senator Ellender provided valuable support and
encouragement to the Close Up Foundation, a
nonpartisan, nonprofit foundation promoting knowledge
and understanding of the Federal Government among young
people and educators. Therefore, it is a fitting and
appropriate tribute to Senator Ellender to provide
fellowships in his name to students of limited economic
means and the teachers who work with such students, so
that such students and teachers may participate in the
programs supported by the Close Up Foundation.
(4) The Close Up Foundation is a nonpartisan,
nonprofit, education foundation promoting civic
responsibility and knowledge and understanding of the
Federal Government among young people and educators.
The Congress has consistently supported the Close Up
Foundation's work with disadvantaged young people and
their educators through the Allen J. Ellender
Fellowship Program. Therefore, it is fitting and
appropriate to continue support under the successor
Ellender-Close Up Fellowship Program to students of
limited economic means and the teachers who work with
such students, so that such students and teachers may
participate in the programs supported by the Close Up
Foundation.
(b) Program for Middle and Secondary School Students.--
(1) Establishment.--
(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
middle and secondary school students.
(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged students who participate in the
program described in subparagraph (A).
Financial assistance received pursuant to this
subsection by such students shall be known as
Ellender-Close Up fellowships.
(2) Applications.--
(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
(B) Contents of application.--Each
application submitted under this paragraph
shall contain provisions to assure--
(i) that fellowship grants are made
to economically disadvantaged middle
and secondary school students;
(ii) that every effort will be made
to ensure the participation of students
from rural and small town areas, as
well as from urban areas, and that in
awarding fellowships to economically
disadvantaged students, special
consideration will be given to the
participation of students with special
educational needs, including students
with disabilities, ethnic minority
students, recent immigrants, and gifted
and talented students; and
(iii) the proper disbursement of the
funds received under this subsection.
(c) Program for Middle and Secondary School Teachers.--
(1) Establishment.--
(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of professional development for middle
and secondary school teachers and to promote
greater civic understanding and responsibility
among the students of such teachers.
(B) Use of funds.--Grants under this subsection shall be used
only for financial assistance to teachers who participate in
the program described in subparagraph (A). Financial assistance
received pursuant to this subpart by such individuals shall be
known as Ellender-Close Up fellowships.
(2) Applications.--
(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
(B) Contents of application.--Each
application submitted under this paragraph
shall contain provisions to assure--
(i) that fellowship grants are made
only to teachers who have worked with
at least one student from such
teacher's school who participates in
the programs described in subsection
(b);
(ii) that no teacher in each school
participating in the programs assisted
under subsection (b) may receive more
than one fellowship in any fiscal year;
and
(iii) the proper disbursement of the
funds received under this subsection.
(d) Programs for Recent Immigrants and Students of Migrant
Parents.--
(1) Establishment.--
(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing understanding of the
Federal Government among economically
disadvantaged recent immigrants and students of
migrant parents.
(B) Use of funds.--Grants under this
subsection shall be used for financial
assistance to economically disadvantaged older
Americans, recent immigrants and students of
migrant parents who participate in the program
described in subsection (a). Financial
assistance received pursuant to this subpart by
such individuals shall be known as Ellender-
Close Up fellowships.
(2) Applications.--
(A) Application Required.--No grant under
this subsection may be made except upon
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
(B) Contents of Application.--Each
application submitted under this paragraph
shall contain provisions--
(i) to assure that fellowship grants
are made to economically disadvantaged
recent immigrants and students of
migrant parents;
(ii) to assure that every effort will
be made to ensure the participation of
recent immigrants and students of
migrant parents from rural and small
town areas, as well as from urban
areas, and that in awarding
fellowships, special consideration will
be given to the participation of recent
immigrants and students of migrant
parents with special needs, including
individuals with disabilities, ethnic
minorities, and gifted and talented
students;
(iii) that fully describe the
activities to be carried out with the
proceeds of the grant; and
(iv) to assure the proper
disbursement of the funds received
under this subsection.
(e) General Provisions.--
(1) Administrative provisions.--
(A) General rule.--Payments under this
section may be made in installments, in
advance, or by way of reimbursement, with
necessary adjustments on account of
underpayment or overpayment.
(B) Audit Rule.--The Comptroller General of
the United States or any of the Comptroller
General's duly authorized representatives shall
have access for the purpose of audit and
examination to any books, documents, papers,
and records that are pertinent to any grant
under this section.
(f) Limitation.--Of the funds appropriated to carry out this
section under section 1002, the Secretary may use not more than
30 percent to carry out subsection (c) of this section.
SEC. 1504. DROPOUT REPORTING.
State eduational agencies receiving funds under this title
shall annually report to the National Center on Education
Statistics (established under section 403 of the National
Education Statistics Act of 1994 (20 U.S.C. 9002)) on the
dropout rate of students in the State, as defined for the
Center's Common Core of Data.
[PART F--GENERAL PROVISIONS
[SEC. 1601. FEDERAL REGULATIONS.
[(a) In General.--The Secretary is authorized to issue such
regulations as are necessary to reasonably ensure that there is
compliance with this title.
[(b) Negotiated Rulemaking Process.--
[(1) In general.--Prior to publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers, and
members of local boards of education involved with the
implementation and operation of programs under this
title.
[(2) Meetings and electronic exchange.--Such advice
and recommendation may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information.
[(3) Proposed regulations.--After obtaining such
advice and recommendations, and prior to publishing
proposed regulations, the Secretary shall--
[(A) establish a negotiated rulemaking
process on a minimum of two key issues,
including--
[(i) schoolwide programs; and
[(ii) standards and assessment;
[(B) select individuals to participate in
such process from among individuals or groups
which provided advice and recommendations,
including representation from all geographic
regions of the United States; and
[(C) prepare a draft of proposed policy
options that shall be provided to the
individuals selected by the Secretary under
subparagraph (A) not less than 15 days prior to
the first meeting under such process.
[(4) Process.--Such process--
[(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the
Secretary not later than July 1, 1995; and
[(B) shall not be subject to the Federal
Advisory Committee Act but shall otherwise
follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
[(5) Emergency situation.--In an emergency situation
in which regulations to carry out this title must be
issued with a very limited time to assist State and
local educational agencies with the operation of a
program under this title, the Secretary may issue
proposed regulations without following such process but
shall, immediately thereafter and prior to issuing
final regulations, conduct regional meetings to review
such proposed regulations.
[(c) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
[SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL ADMINISTRATION.
[(a) Program Assistance Manual.--The Secretary shall, not
later than six months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
[(1) assist such agencies in--
[(A) enhancing the quality, increasing the
depth, or broadening the scope of activities
for programs under this title;
[(B) applying for program funds under this
title; and
[(C) meeting the program objectives under
this title;
[(2) assist State educational agencies in achieving
proper and efficient administration of programs funded
under this title;
[(3) assist parents to become involved in the
planning for, and implementation and evaluation of,
programs and projects under this title; and
[(4) ensure that officers and employees of the
Department, including officers and employees of the
Secretary and officers and employees of the Department
charged with auditing programs carried on under this
title, uniformly interpret, apply, and enforce
requirements under this title throughout the United
States.
[(b) Contents of Policy Manual.--The policy manual shall,
with respect to programs carried out under this title, contain
descriptions, statements, procedural and substantive rules,
opinions, policy statements and interpretations and indices to
and amendments of the foregoing, and in particular, whether or
not such descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices are required under section 552 of title 5, United
States Code, to be published or made available. The manual
shall include--
[(1) a statement of the requirements applicable to
the programs carried out under this title, including
such requirements contained in this title, the General
Education Provisions Act, other applicable statutes,
and regulations issued under the authority of such
statutes;
[(2) an explanation of the purpose of each
requirement and its interrelationship with other
applicable requirements; and
[(3) model forms and instructions developed by the
Secretary for use by State and local educational
agencies, at the discretion of such agencies,
including, application forms, application review
checklists, and instruments for monitoring programs
under this title.
[(c) Response to Inquiries.--The Secretary shall respond with
written guidance not later than 90 days after any written
request (return receipt requested) from a State or local
educational agency regarding a policy, question, or
interpretation under this title is received. In the case of a
request from a local educational agency, such agency is
required to address its request to the State educational agency
first.
[SEC. 1603. STATE ADMINISTRATION.
[(a) Rulemaking.--
[(1) In general.--Each State that receives funds
under this title shall--
[(A) ensure that any State rules,
regulations, and policies relating to this
title conform to the purposes of this title and
provide any such proposed rules, regulations,
and policies to the committee of practitioners
under subsection (b) for their review and
comment;
[(B) minimize such rules, regulations, and
policies to which their local educational
agencies and schools are subject; and
[(C) identify any such rule, regulation, or
policy as a State-imposed requirement.
[(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State content
standards and challenging State student performance
standards.
[(b) Committee of Practitioners.--
[(1) In general.--Each State educational agency shall
create a State committee of practitioners to advise the
State in carrying out its responsibilities under this
title.
[(2) Membership.--Each such committee shall include--
[(A) as a majority of its members,
representatives from local educational
agencies;
[(B) administrators;
[(C) teachers, including vocational
educators;
[(D) parents;
[(E) members of local boards of education;
[(F) representatives of private school
children; and
[(G) pupil services personnel.
[(3) Duties.--The duties of such committee shall
include a review, prior to publication, of any proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation prior to issuance in final form.
[(c) Payment for State Administration.--Each State may
reserve for the proper and efficient performance of its duties
under this title the greater of--
[(1) 1.00 percent of the funds received under
subsections (a), (c), and (d) of section 1002; or
[(2) $400,000, or $50,000 in the case of the outlying
areas.
[SEC. 1604. CONSTRUCTION.
[(a) Prohibition of Federal Mandates, Direction, or
Control.--Nothing in this title 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 pupil performance
standards and assessments, curriculum, or program of
instruction as a condition of eligibility to receive funds
under this title.
[(b) Equalized Spending.--Nothing in this title shall be
construed to mandate equalized spending per pupil for a State,
local educational agency, or school.
[(c) Building Standards.--Nothing in this title shall be
construed to mandate national school building standards for a
State, local educational agency, or school.]
PART F--COMPREHENSIVE SCHOOL REFORM
SEC. 1601. COMPREHENSIVE SCHOOL REFORM.
(a) Findings and Purpose.--
(1) Findings.--Congress finds the following:
(A) A number of schools across the country
have shown impressive gains in student
performance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
(B) No single comprehensive school reform
model may be suitable for every school,
however, schools should be encouraged to
examine successful, externally developed
comprehensive school reform approaches as they
undertake comprehensive school reform.
(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student academic
achievement standards.
(2) Purpose.--The purpose of this section is to
provide financial incentives for schools to develop
comprehensive school reforms, based upon
scientifically-based research and effective practices
that include an emphasis on basic academics and
parental involvement so that all children can meet
challenging State content and academic achievement
standards.
(b) Program Authorized.--
(1) In general.--The Secretary is authorized to
provide grants to State educational agencies to provide
subgrants to local educational agencies to carry out
the purpose described in subsection (a)(2).
(2) Allocation.--
(A) Reservation.--Of the amount appropriated
under this section, the Secretary may reserve--
(i) not more than 1 percent for
schools supported by the Bureau of
Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands;
(ii) not more than 1 percent to
conduct national evaluation activities
described under subsection (e); and
(iii) not more than 2 percent of the
amount appropriated in fiscal year 2002
to carry out this part, for quality
initiatives described under subsection
(f).
(B) In general.--Of the amount of funds
remaining after the reservation under
subparagraph (A), the Secretary shall allocate
to each State for a fiscal year, an amount that
bears the same ratio to the remainder for that
fiscal year as the amount made available under
section 1124 to the State for the preceding
fiscal year bears to the total amount allocated
under section 1124 to all States for that year.
(C) Reallocation.--If a State does not apply
for funds under this section, the Secretary
shall reallocate such funds to other States
that do apply in proportion to the amount
allocated to such States under subparagraph
(B).
(c) State Awards.--
(1) State application.--
(A) In general.--Each State educational
agency that desires to receive a grant under
this section shall submit an application to the
Secretary at such time, in such manner and
containing such other information as the
Secretary may reasonably require.
(B) Contents.--Each State application shall
also describe--
(i) the process and selection
criteria by which the State educational
agency, using expert review, will
select local educational agencies to
receive subgrants under this section;
(ii) how the agency will ensure that
funds under this part are used only for
comprehensive school reform programs
that--
(I) include each of the
components described in
subsection (d)(2);
(II) have the capacity to
improve the academic
achievement of all students in
core academic subjects within
participating schools; and
(III) are supported by
technical assistance providers
that have a successful track
record, financial stability,
and the capacity to deliver
high-quality materials and
professional development for
school personnel.
(iii) how the agency will disseminate
materials regarding information on
comprehensive school reforms that are
based on scientifically-based research
and effective practices;
(iv) how the agency will evaluate
annually the implementation of such
reforms and measure the extent to which
the reforms resulted in increased
student academic performance; and
(v) how the agency will provide,
technical assistance to the local
educational agency or consortia of
local educational agencies, and to
participating schools, in evaluating,
developing, and implementing
comprehensive school reform.
(2) Uses of funds.--
(A) In general.--Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
local educational agencies or consortia of
local educational agencies in the State
receiving funds under part A to support
comprehensive school reforms in schools
eligible for funds under such part.
(B) Grant requirements.--A grant to a local
educational agency or consortium shall be--
(i) of sufficient size and scope to
support the initial costs of the
comprehensive school reforms selected
or designed by each school identified
in the application of the local
educational agency or consortium;
(ii) in an amount not less than
$50,000 to each participating school;
and
(iii) renewable for two additional 1-
year periods after the initial 1-year
grant is made if schools are making
substantial progress in the
implementation of their reforms.
(C) Priority.--The State, in awarding grants
under this paragraph, shall give priority to
local educational agencies that--
(i) plan to use the funds in schools
identified as being in need of
improvement or corrective action under
section 1116(c); or
(ii) demonstrate a commitment to
assist schools with budget allocation,
professional development, and other
strategies necessary to ensure the
comprehensive school reforms are
properly implemented and are sustained
in the future.
(D) Grant consideration.--In making subgrant
awards under this part, the State educational
agency shall take into account the equitable
distribution of awards to different geographic
regions within the State, including urban and
rural areas, and to schools serving elementary
and secondary students.
(E) Administrative costs.--A State
educational agency that receives a grant award
under this section may reserve not more than 5
percent of such award for administrative,
evaluation, and technical assistance expenses.
(F) Supplement.--Funds made available under
this section shall be used to supplement, not
supplant, any other Federal, State, or local
funds that would otherwise be available to
carry out this section.
(3) Reporting.--Each State educational agency that
receives an award under this section shall provide to
the Secretary such information as the Secretary may
require, including the names of local educational
agencies and schools selected to receive subgrant
awards under this section, the amount of such award, a
description of the comprehensive school reforms
selected and in use and a copy of the State's annual
evaluation of the implementation of comprehensive
school reforms supported under this part and student
achievement results.
(d) Local Awards.--
(1) In general.--Each local educational agency or
consortium that applies for a subgrant under this
section shall--
(A) identify which schools eligible for funds
under part A plan to implement a comprehensive
school reform program, including the projected
costs of such a program;
(B) describe the comprehensive school reforms
based on scientifically-based research and
effective practices that such schools will
implement;
(C) describe how the agency or consortium
will provide technical assistance and support
for the effective implementation of the school
reforms based on scientifically-based research
and effective practices selected by such
schools; and
(D) describe how the agency or consortium
will evaluate the implementation of such
reforms and measure the results achieved in
improving student academic performance.
(2) Components of the program.--A local educational
agency that receives a subgrant award under this
section shall provide such funds to schools that
implement a comprehensive school reform program that--
(A) employs proven strategies and proven
methods for student learning, teaching, and
school management that are based on
scientifically-based research and effective
practices and have been replicated successfully
in similar schools;
(B) integrates a comprehensive design for
effective school functioning, including
instruction, assessment, classroom management,
professional development, parental involvement,
and school management, that aligns the school's
curriculum, technology, and professional
development into a comprehensive reform plan
for schoolwide change designed to enable all
students to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
(C) provides high-quality and continuous
teacher and staff professional development;
(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
(E) is supported by teachers, principals,
administrators, and other professional staff;
(F) provides for the meaningful involvement
of parents and the local community in planning
and implementing school improvement activities;
(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
(H) includes a plan for the annual evaluation
of the implementation of school reforms and the
student results achieved;
(I) identifies how other resources, including
Federal, State, local, and private resources,
available to the school will be used to
coordinate services to support and sustain the
school reform effort; and
(J)(i) has been found, through rigorous field
experiments in multiple sites, to significantly
improve the academic performance of students
participating in such activity or program as
compared to similar students in similar
schools, who have not participated in such
activity or program; or
(ii) has been found to have strong evidence
that such model will significantly improve the
performance of participating children.
(3) Special rule.--A school that receives funds to
develop a comprehensive school reform program shall not
be limited to using nationally available approaches,
but may develop its own comprehensive school reform
program for schoolwide change that complies with
paragraph (2).
(e) Evaluation and Report.--
(1) In general.--The Secretary shall develop a plan
for a national evaluation of the programs developed
pursuant to this section.
(2) Evaluation.--This national evaluation shall
evaluate the implementation and results achieved by
schools after 3 years of implementing comprehensive
school reforms, and assess the effectiveness of
comprehensive school reforms in schools with diverse
characteristics.
(3) Reports.--Prior to the completion of a national
evaluation, the Secretary shall submit an interim
report outlining first year implementation activities
to the Committees on Education and the Workforce and
Appropriations of the House of Representatives and the
Committees on Health, Education, Labor, and Pensions
and Appropriations of the Senate.
(f) Quality Initiatives.--The Secretary, through grants or
contracts, shall provide funds for the following activities:
(1) Technical assistance.--A joint public and private
partnership that receives matching funds from private
organizations, in order to assist States, local
educational agencies, and schools in making informed
decisions when approving or selecting providers of
comprehensive school reform, consistent with the
requirements described in subsection (d)(3).
(2) Other activities.--Other activities that--
(A) encourage the development of
comprehensive reform models;
(B) build the capacity of comprehensive
school reform providers to increase the number
of schools the providers can serve; and
(C) ensure that schools served receive high
quality services that meet the needs of their
teachers and students.
PART G--RURAL EDUCATION FLEXIBILITY AND ASSISTANCE
SEC. 1701. SHORT TITLE.
This part may be cited as the ``Rural Education Initiative
Act''.
SEC. 1702. FINDINGS.
Congress finds the following:
(1) While there are rural education initiatives
identified at the State and local level, no Federal
education policy focuses on the specific and unique
needs of rural school districts and schools.
(2) Small school districts often cannot use Federal
grant funds distributed by formula because the formula
allocation does not provide enough revenue to carry out
the program the grant is intended to fund.
(3) Rural schools often cannot compete for Federal
funding distributed by competitive grants because the
schools lack the personnel needed to prepare grant
applications and the resources to hire specialists in
the writing of Federal grant proposals.
(4) A critical problem for rural school districts
involves the hiring and retention of qualified
administrators and certified teachers (especially in
reading, science, and mathematics). As a result,
teachers in rural schools are almost twice as likely to
provide instruction in three or more subject areas than
teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax
bases, high transportation costs, aging buildings,
limited course offerings, and limited resources.
Subpart 1--Rural Education Flexibility
SEC. 1711. FORMULA GRANT PROGRAM AUTHORIZED.
(a) Alternative Uses.--
(1) In general.--Notwithstanding any other provision
of law, an eligible local educational agency may use
the applicable funding, that the agency is eligible to
receive from the State educational agency for a fiscal
year, to carry out local activities authorized in part
A of title I, part A of title II, part A of title III,
part A of title IV, or part A or B of title V.
(2) Notification.--An eligible local educational
agency shall notify the State educational agency of the
local educational agency's intention to use the
applicable funding in accordance with paragraph (1) not
later than a date that is established by the State
educational agency for the notification.
(b) Eligibility.--
(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance
with subsection (a) if--
(A)(i) the total number of students in
average daily attendance at all of the schools
served by the local educational agency is less
than 600; and
(ii) all of the schools served by the local
educational agency are designated with a school
locale code of 7 or 8 as determined by the
Secretary of Education; or
(B) the agency meets the criteria established
in subparagraph (A)(i) and the Secretary, in
accordance with paragraph (2), grants the local
educational agency's request to waive the
criteria described in subparagraph (A)(ii).
(2) Certification.--The Secretary shall determine
whether or not to waive the criteria described in
paragraph (1)(A)(ii) based on a demonstration by a
local educational agency and concurrence by the State
educational agency that the local educational agency is
located in an area defined as rural by a governmental
agency of the State.
(c) Applicable Funding.--In this section, the term
``applicable funding'' means funds provided under part A of
title II, section 3106, part A of title IV, part A of title V,
and section 5212(2)(A).
(d) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under this section for the fiscal year at the
same time that the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
(e) Supplement Not Supplant.--Funds used under this section
shall be used to supplement and not supplant any other Federal,
State, or local education funds that would otherwise be
available for the purpose of this subpart.
(f) Applicable Rule.--Except as otherwise provided in this
subpart, funds transferred under this subpart are subject to
each of the rules and requirements applicable to the funds
allocated by the Secretary under the provision to which the
transferred funds are transferred.
SEC. 1712. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants
to eligible local educational agencies under section 1711(b) to
enable the local educational agencies to support local or
statewide education reform efforts intended to improve the
academic achievement of elementary school and secondary school
students and the quality of instruction provided for the
students.
(b) Allocation.--
(1) In general.--Except as provided in paragraph (3),
the Secretary shall award a grant to an eligible local
educational agency under section 1711(b) for a fiscal
year in an amount equal to the initial amount
determined under paragraph (2) for the fiscal year
minus the total amount received under the provisions of
law described under section 1711(c) for the preceding
fiscal year.
(2) Determination of the initial amount.--The initial
amount referred to in paragraph (1) is equal to $100
multiplied by the total number of students, over 50
students, in average daily attendance in such eligible
agency plus $20,000, except that the initial amount may
not exceed $60,000.
(3) Ratable adjustment.--
(A) In general.--If the amount made available
for this subpart for any fiscal year is not
sufficient to pay in full the amounts that
local educational agencies are eligible to
receive under paragraph (1) for such year, the
Secretary shall ratably reduce such amounts for
such year.
(B) Additional amounts.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
(4) Census determination.--
(A) In general.--Each local educational
agency desiring a grant under this section
shall conduct a census not later than December
1 of each year to determine the number of
kindergarten through grade 12 students in
average daily attendance at the schools served
by the local educational agency.
(B) Submission.--Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
(c) Disbursal.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that year.
(d) Special Rule.--A local educational agency that is
eligible to receive a grant under this subpart for a fiscal
year shall be ineligible to receive funds for such fiscal year
under subpart 2.
(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other
Federal, State, or local education funds.
SEC. 1713. ACCOUNTABILITY.
(a) Academic Achievement.--
(1) In general.--Each local educational agency that
uses or receives funds under section 1711 or 1712 for a
fiscal year shall administer an assessment consistent
with section 1111.
(2) Special rule.--Each local educational agency that
uses or receives funds under section 1711 or 1712 shall
use the same assessment described in paragraph (1) for
each year of participation in the program under such
section.
(b) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives funding under the provisions of law described in
section 1711(c) shall--
(1) after the second year that a local educational
agency participates in a program under section 1711 or
1712 and on the basis of the results of the assessments
described in subsection (a), determine whether the
schools served by the local educational agency
participating in the program performed in accordance
with section 1111; and
(2) only permit those local educational agencies that
so participated and make adequate yearly progress, as
described in section 1111(b)(2), to continue to so
participate.
Subpart 2--Rural Education Assistance
SEC. 1721. PROGRAM AUTHORIZED.
(a) Reservations.--From amounts appropriated under section
1002(f) for this subpart for a fiscal year, the Secretary shall
reserve \1/2\ of 1 percent to make awards to elementary or
secondary schools operated or supported by the Bureau of Indian
Affairs to carry out the purpose of this subpart.
(b) Grants to States.--
(1) In general.--From amounts appropriated under
section 1002(f) for this subpart that are not reserved
under subsection (a), the Secretary shall award grants
for a fiscal year to State educational agencies that
have applications approved under section 1723 to enable
the State educational agencies to award subgrants to
eligible local educational agencies for local
authorized activities described in subsection (c)(2).
(2) Allocation.--From amounts appropriated for this
subpart, the Secretary shall allocate to each State
educational agency for a fiscal year an amount that
bears the same ratio to the amount of funds
appropriated under section 1002(f) for this subpart
that are not reserved under subsection (a) as the
number of students in average daily attendance served
by eligible local educational agencies in the State
bears to the number of all such students served by
eligible local educational agencies in all States for
that fiscal year.
(3) Direct awards to specially qualified agencies.--
(A) Nonparticipating state.--If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application approved under section 1723 a
specially qualified agency in such State
desiring a grant under this subpart shall
submit an application under such section
directly to the Secretary to receive an award
under this subpart.
(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a
competitive basis, the amount the State
educational agency is eligible to receive under
paragraph (2) directly to specially qualified
agencies in the State.
(c) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this subpart if--
(A) 20 percent or more of the children aged 5
to 17, inclusive, served by the local
educational agency are from families with
incomes below the poverty line; and
(B) all of the schools served by the agency
are designated with a school code of 6, 7, or 8
as determined by the Secretary of Education.
(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under
this subpart shall be used for--
(A) teacher recruitment and retention,
including the use of signing bonuses and other
financial incentives;
(B) teacher professional development,
including programs that train teachers to
utilize technology to improve teaching and to
train special needs teachers;
(C) educational technology, including
software and hardware as described in part B of
title V;
(D) parental involvement activities; or
(E) programs to improve student academic
achievement.
SEC. 1722. STATE DISTRIBUTION OF FUNDS.
(a) Award Basis.--A State educational agency shall award
grants to eligible local educational agencies--
(1) on a competitive basis; or
(2) according to a formula based on the number of
students in average daily attendance served by the
eligible local educational agencies or schools (as
appropriate) in the State, as determined by the State.
(b) Administrative Costs.--A State educational agency
receiving a grant under this subpart may not use more than 5
percent of the amount of the grant for State administrative
costs.
SEC. 1723. APPLICATIONS.
Each State educational agency and specially qualified agency
desiring to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
Such application shall include specific measurable goals and
objectives relating to increased student academic achievement,
decreased student dropout rates, or such other factors that the
State educational agency or specially qualified agency may
choose to measure.
SEC. 1724. REPORTS.
(a) State Reports.--Each State educational agency that
receives a grant under this subpart shall provide an annual
report to the Secretary. The report shall describe--
(1) the method the State educational agency used to
award grants to eligible local educational agencies and
to provide assistance to schools under this subpart;
(2) how local educational agencies and schools used
funds provided under this subpart; and
(3) the degree to which progress has been made toward
meeting the goals and objectives described in the
application submitted under section 1723.
(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this subpart shall
provide an annual report to the Secretary. Such report shall
describe--
(1) how such agency uses funds provided under this
subpart; and
(2) the degree to which progress has been made toward
meeting the goals and objectives described in the
application submitted under section 1723.
(c) Report to Congress.--The Secretary shall prepare and
submit to the Committee on Education and the Workforce for the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions for the Senate an annual report.
The report shall describe--
(1) the methods the State educational agency used to
award grants to eligible local educational agencies and
to provide assistance to schools under this subpart;
(2) how eligible local educational agencies and
schools used funds provided under this subpart; and
(3) progress made in meeting specific measurable
educational goals and objectives.
SEC. 1725. PERFORMANCE REVIEW.
Three years after a State educational agency or specially
qualified agency receives funds under this part, the Secretary
shall review the progress of such agency toward achieving the
goals and objectives included in its application, to determine
whether the agency has made progress toward meeting such goals
and objectives. To review the performance of each agency, the
Secretary shall--
(1) review the use of funds of such agency under
section 1721(c)(2); and
(2) deny the provision of additional funds in
subsequent fiscal years to an agency only if the
Secretary determines, after notice and an opportunity
for a hearing, that the agency's use of funds has been
inadequate to justify continuation of such funding.
SEC. 1726. DEFINITIONS.
In this subpart--
(1) The term ``poverty line'' means the poverty line
(as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(2) The term ``specially qualified agency'' means an
eligible local educational agency, located in a State
that does not participate in a program under this
subpart in a fiscal year, that may apply directly to
the Secretary for a grant in such year under section
1721(b)(3)(A).
Subpart 3--General Provisions
SEC. 1731. DEFINITION.
In this part, the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
PART H--GENERAL PROVISIONS
SEC. 1801. FEDERAL REGULATIONS.
(a) In General.--The Secretary is authorized to issue such
regulations as are necessary to ensure reasonable compliance
with this title.
(b) Negotiated Rulemaking Process.--
(1) In general.--Prior to publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers,
paraprofessionals, and members of local boards of
education involved with the implementation and
operation of programs under this title.
(2) Meetings and electronic exchange.--Such advice
and recommendation may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information.
(3) Proposed regulations.--After obtaining such
advice and recommendations, and prior to publishing
proposed regulations, the Secretary shall--
(A) establish a negotiated rulemaking process
on a minimum of three key issues, including--
(i) accountability;
(ii) implementation of assessments;
and
(iii) use of paraprofessionals;
(B) select individuals to participate in such
process from among individuals or groups which
provided advice and recommendations, including
representation from all geographic regions of
the United States; and
(C) prepare a draft of proposed regulations
that shall be provided to the individuals
selected by the Secretary under subparagraph
(B) not less than 15 days prior to the first
meeting under such process.
(4) Process.--Such process--
(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the
Secretary not later than 1 year after the date
of the enactment of the No Child Left Behind
Act of 2001; and
(B) shall not be subject to the Federal
Advisory Committee Act but shall otherwise
follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
(5) Emergency situation.--In an emergency
situation in which regulations to carry out
this title must be issued within a very limited
time to assist State and local educational
agencies with the operation of a program under
this title, the Secretary may issue proposed
regulations without following such process but
shall, immediately thereafter and prior to
issuing final regulations, conduct regional
meetings to review such proposed regulations.
(c) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
SEC. 1802. AGREEMENTS AND RECORDS.
(a) Agreements.--All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in section 1801 unless the Secretary reopens the
negotiated rulemaking process or provides a written explanation
to the participants involved in the process explaining why the
Secretary decided to depart from and not adhere to such
agreements.
(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations
process is maintained.
SEC. 1803. STATE ADMINISTRATION.
(a) Rulemaking.--
(1) In general.--Each State that receives funds under
this title shall--
(A) ensure that any State rules, regulations,
and policies relating to this title conform to
the purposes of this title and provide any such
proposed rules, regulations, and policies to
the committee of practitioners under subsection
(b) for their review and comment;
(B) minimize such rules, regulations, and
policies to which their local educational
agencies and schools are subject;
(C) eliminate or modify State and local
fiscal accounting requirements in order to
facilitate the ability of schools to
consolidate funds under schoolwide programs;
and
(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State student academic
achievement standards.
(b) Committee of Practitioners.--
(1) In general.--Each State educational agency shall
create a State committee of practitioners to advise the
State in carrying out its responsibilities under this
title.
(2) Membership.--Each such committee shall include--
(A) as a majority of its members,
representatives from local educational
agencies;
(B) administrators, including the
administrators of programs described in other
parts of this title;
(C) teachers, including vocational educators;
(D) parents;
(E) members of local boards of education;
(F) representatives of private school
children; and
(G) pupil services personnel.
(3) Duties.--The duties of such committee shall
include a review, prior to publication, of any proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation prior to issuance in final form.
SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION.
(a) Local Administrative Cost Limitation.--Each local
educational agency may use not more than 4 percent of funds
received under part A for administrative expenses.
(b) Regulations.--The Secretary, after consulting with State
and local officials and other experts in school finance, shall
develop and issue regulations that define the term
administrative cost for purposes of this title. Such definition
shall be consistent with generally accepted accounting
principles. The Secretary shall publish final regulations on
this section not later than 1 year after the date of the
enactment of the No Child Left Behind Act of 2001.
SEC. 1805. APPLICABILITY.
Nothing in this title shall be construed to affect home
schools nor shall any home schooled student be required to
participate in any assessment referenced in this title.
SEC. 1806. PRIVATE SCHOOLS.
Nothing in this title shall be construed to affect any
private school that does not receive funds or services under
this title, nor shall any student who attends a private school
that does not receive funds or services under this title be
required to participate in any assessment referenced in this
title.
SEC. 1807. PRIVACY OF ASSESSMENT RESULTS.
Any results from individual assessments referenced in this
title which become part of the education records of the student
shall have the protections as provided in section 444 of the
General Education Provisions Act.
[TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
[SEC. 2001. 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. 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. 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. 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. 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 and instructional 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
[PART C--READING AND LITERACY GRANTS
[SEC. 2251. PURPOSES.
[The purposes of this part are as follows:
[(1) To provide children with the readiness skills
they need to learn to read once they enter school.
[(2) To teach every child to read in the child's
early childhood years--
[(A) as soon as the child is ready to read;
or
[(B) as soon as possible once the child
enters school, but not later than 3d grade.
[(3) To improve the reading skills of students, and
the instructional practices for current teachers (and,
as appropriate, other instructional staff) who teach
reading, through the use of findings from
scientifically based reading research, including
findings relating to phonemic awareness, systematic
phonics, fluency, and reading comprehension.
[(4) To expand the number of high-quality family
literacy programs.
[(5) To provide early literacy intervention to
children who are experiencing reading difficulties in
order to reduce the number of children who are
incorrectly identified as a child with a disability and
inappropriately referred to special education.
[SEC. 2252. DEFINITIONS.
[For purposes of this part:
[(1) Eligible professional development provider.--The
term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers that is based on scientifically
based reading research.
[(2) Instructional staff.--The term ``instructional
staff''--
[(A) means individuals who have
responsibility for teaching children to read;
and
[(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
[(3) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
[(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
[(B) The ability to decode unfamiliar words.
[(C) The ability to read fluently.
[(D) Sufficient background information and
vocabulary to foster reading comprehension.
[(E) The development of appropriate active
strategies to construct meaning from print.
[(F) The development and maintenance of a
motivation to read.
[(4) Scientifically based reading research.--The term
``scientifically based reading research''--
[(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to reading
development, reading instruction, and reading
difficulties; and
[(B) shall include research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
[(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL AGENCIES.
[(a) Program Authorized.--
[(1) In general.--Subject to the provisions of this
part, the Secretary shall award grants to State
educational agencies to carry out the reading and
literacy activities authorized under this section and
sections 2254 through 2256.
[(2) Limitations.--
[(A) Single grant per state.--A State
educational agency may not receive more than
one grant under paragraph (1).
[(B) 3-year term.--A State educational agency
that receives a grant under paragraph (1) may
expend the funds provided under the grant only
during the 3-year period beginning on the date
on which the grant is made.
[(b) Application.--
[(1) In general.--A State educational agency that
desires to receive a grant under this part shall submit
an application to the Secretary at such time and in
such form as the Secretary may require. The application
shall contain the information described in paragraph
(2).
[(2) Contents.--An application under this subsection
shall contain the following:
[(A) An assurance that the Governor of the
State, in consultation with the State
educational agency, has established a reading
and literacy partnership described in
subsection (d), and a description of how such
partnership--
[(i) assisted in the development of
the State plan;
[(ii) will be involved in advising on
the selection of subgrantees under
sections 2255 and 2256; and
[(iii) will assist in the oversight
and evaluation of such subgrantees.
[(B) A description of the following:
[(i) How the State educational agency
will ensure that professional
development activities related to
reading instruction and provided under
this part are--
[(I) coordinated with other
State and local level funds and
used effectively to improve
instructional practices for
reading; and
[(II) based on scientifically
based reading research.
[(ii) How the activities assisted
under this part will address the needs
of teachers and other instructional
staff, and will effectively teach
students to read, in schools receiving
assistance under section 2255 and 2256.
[(iii) The extent to which the
activities will prepare teachers in all
the major components of reading
instruction (including phonemic
awareness, systematic phonics, fluency,
and reading comprehension).
[(iv) How the State educational
agency will use technology to enhance
reading and literacy professional
development activities for teachers, as
appropriate.
[(v) How parents can participate in
literacy-related activities assisted
under this part to enhance their
children's reading.
[(vi) How subgrants made by the State
educational agency under sections 2255
and 2256 will meet the requirements of
this part, including how the State
educational agency will ensure that
subgrantees will use practices based on
scientifically based reading research.
[(vii) How the State educational
agency will, to the extent practicable,
make grants to subgrantees in both
rural and urban areas.
[(viii) The process that the State
used to establish the reading and
literacy partnership described in
subsection (d).
[(C) An assurance that each local educational
agency to which the State educational agency
makes a subgrant--
[(i) will provide professional
development for the classroom teacher
and other appropriate instructional
staff on the teaching of reading based
on scientifically based reading
research;
[(ii) will provide family literacy
services based on programs such as the
Even Start family literacy model
authorized under part B of title I, to
enable parents to be their child's
first and most important teacher;
[(iii) will carry out programs to
assist those kindergarten students who
are not ready for the transition to
first grade, particularly students
experiencing difficulty with reading
skills; and
[(iv) will use supervised individuals
(including tutors), who have been
appropriately trained using
scientifically based reading research,
to provide additional support, before
school, after school, on weekends,
during noninstructional periods of the
school day, or during the summer, for
children preparing to enter
kindergarten and students in
kindergarten through grade 3 who are
experiencing difficulty reading.
[(D) An assurance that instruction in reading
will be provided to children with reading
difficulties who--
[(i) are at risk of being referred to
special education based on these
difficulties; or
[(ii) have been evaluated under
section 614 of the Individuals with
Disabilities Education Act but, in
accordance with section 614(b)(5) of
such Act, have not been identified as
being a child with a disability (as
defined in section 602 of the such
Act).
[(E) A description of how the State
educational
agency--
[(i) will build on, and promote
coordination among, literacy programs
in the State (including federally
funded programs such as the Adult
Education and Family Literacy Act and
the Individuals with Disabilities
Education Act), in order to increase
the effectiveness of the programs in
improving reading for adults and
children and to avoid duplication of
the efforts of the programs;
[(ii) will promote reading and
library programs that provide access to
engaging reading material;
[(iii) will make local educational
agencies described in sections
2255(a)(1) and 2256(a)(1) aware of the
availability of subgrants under
sections 2255 and 2256; and
[(iv) will assess and evaluate, on a
regular basis, local educational agency
activities assisted under this part,
with respect to whether they have been
effective in achieving the purposes of
this part.
[(F) A description of the evaluation
instrument the State educational agency will
use for purposes of the assessments and
evaluations under subparagraph (E)(iv).
[(c) Approval of Applications.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section only--
[(A) if such application meets the
requirement of this section; and
[(B) after taking into account the extent to
which the application furthers the purposes of
this part and the overall quality of the
application.
[(2) Peer review.--
[(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
[(i) representatives of the National
Institute for Literacy, the National
Research Council of the National
Academy of Sciences, and the National
Institute of Child Health and Human
Development;
[(ii) 3 individuals selected by the
Secretary;
[(iii) 3 individuals selected by the
National Institute for Literacy;
[(iv) 3 individuals selected by the
National Research Council of the
National Academy of Sciences; and
[(v) 3 individuals selected by the
National Institute of Child Health and
Human Development.
[(B) Experts.--The panel shall include
experts who are competent, by virtue of their
training, expertise, or experience, to evaluate
applications under this section, and experts
who provide professional development to
teachers of reading to children and adults, and
experts who provide professional development to
other instructional staff, based on
scientifically based reading research.
[(C) Priority.--The panel shall recommend
grant applications from State educational
agencies under this section to the Secretary
for funding or for disapproval. In making such
recommendations, the panel shall give priority
to applications from State educational agencies
whose States have modified, are modifying, or
provide an assurance that not later than 18
months after receiving a grant under this
section the State educational agencies will
increase the training and the methods of
teaching reading required for certification as
an elementary school teacher to reflect
scientifically based reading research, except
that nothing in this Act shall be construed to
establish a national system of teacher
certification.
[(D) Minimum grant amounts.--
[(i) States.--Each State educational
agency selected to receive a grant
under this section shall receive an
amount for the grant period that is not
less than $500,000.
[(ii) Outlying areas.--The Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands selected to receive a grant
under this section shall receive an
amount for the grant period that is not
less than $100,000.
[(E) Limitation.--The Republic of the
Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau shall not
be eligible to receive a grant under this part.
[(d) Reading and Literacy Partnerships.--
[(1) Required participants.--In order for a State
educational agency to receive a grant under this
section, the Governor of the State, in consultation
with the State educational agency, shall establish a
reading and literacy partnership consisting of at least
the following participants:
[(A) The Governor of the State.
[(B) The chief State school officer.
[(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
[(D) A representative, selected jointly by
the Governor and the chief State school
officer, of at least one local educational
agency that is eligible to receive a subgrant
under section 2255.
[(E) A representative, selected jointly by
the Governor and the chief State school
officer, of a community-based organization
working with children to improve their reading
skills, particularly a community-based
organization using tutors and scientifically
based reading research.
[(F) State directors of appropriate Federal
or State programs with a strong reading
component.
[(G) A parent of a public or private school
student or a parent who educates their child or
children in their home, selected jointly by the
Governor and the chief State school officer.
[(H) A teacher who successfully teaches
reading and an instructional staff member,
selected jointly by the Governor and the chief
State school officer.
[(I) A family literacy service provider
selected jointly by the Governor and the chief
state school officer.
[(2) Optional participants.--A reading and literacy
partnership may include additional participants, who
shall be selected jointly by the Governor and the chief
State school officer, and who may include a
representative of--
[(A) an institution of higher education
operating a program of teacher preparation
based on scientifically based reading research
in the State;
[(B) a local educational agency;
[(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
[(D) an adult education provider;
[(E) a volunteer organization that is
involved in reading programs; or
[(F) a school library or a public library
that offers reading or literacy programs for
children or families.
[(3) Preexisting partnership.--If, before the date of
the enactment of the Reading Excellence Act, a State
established a consortium, partnership, or any other
similar body, that includes the Governor and the chief
State school officer and has, as a central part of its
mission, the promotion of literacy for children in
their early childhood years through the 3d grade and
family literacy services, but that does not satisfy the
requirements of paragraph (1), the State may elect to
treat that consortium, partnership, or body as the
reading and literacy partnership for the State
notwithstanding such paragraph, and it shall be
considered a reading and literacy partnership for
purposes of the other provisions of this part.
[SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.
[A State educational agency that receives a grant under
section 2253--
[(1) shall use not more than 5 percent of the funds
made available under the grant for the administrative
costs of carrying out this part (excluding section
2256), of which not more than 2 percent may be used to
carry out section 2259; and
[(2) shall use not more than 15 percent of the funds
made available under the grant to solicit applications
for, award, and oversee the performance of, not less
than one subgrant pursuant to section 2256.
[SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.
[(a) In General.--
[(1) Subgrants.--A State educational agency that
receives a grant under section 2253 shall make
subgrants, on a competitive basis, to local educational
agencies that either--
[(A) have at least one school that is
identified for school improvement under section
1116(c) in the geographic area served by the
agency;
[(B) have the largest, or second largest,
number of children who are counted under
section 1124(c), in comparison to all other
local educational agencies in the State; or
[(C) have the highest, or second highest,
school-age child poverty rate, in comparison to
all other local educational agencies in the
State.
For purposes of subparagraph (C), the term ``school-age
child poverty rate'' means the number of children
counted under section 1124(c) who are living within the
geographic boundaries of the local educational agency,
expressed as a percentage of the total number of
children aged 5-17 years living within the geographic
boundaries of the local educational agency.
[(2) Subgrant amount.--A subgrant under this section
shall consist of an amount sufficient to enable the
subgrant recipient to operate a program for a 2-year
period and may not be revoked or terminated on the
grounds that a school ceases, during the grant period,
to meet the requirements of subparagraph (A), (B), or
(C) of paragraph (1).
[(b) Applications.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the agency may
require. The application--
[(1) shall describe how the local educational agency
will work with schools selected by the agency to
receive assistance under subsection (d)(1)--
[(A) to select one or more programs of
reading instruction, developed using
scientifically based reading research, to
improve reading instruction by all academic
teachers for all children in each of the
schools selected by the agency under such
subsection and, where appropriate, for their
parents; and
[(B) to enter into an agreement with a person
or entity responsible for the development of
each program selected under subparagraph (A),
or a person with experience or expertise about
the program and its implementation, under which
the person or entity agrees to work with the
local educational agency and the schools in
connection with such implementation and
improvement efforts;
[(2) shall include an assurance that the local
educational agency--
[(A) will carry out professional development
for the classroom teacher and other
instructional staff on the teaching of reading
based on scientifically based reading research;
[(B) will provide family literacy services
based on programs such as the Even Start family
literacy model authorized under part B of title
I, to enable parents to be their child's first
and most important teacher;
[(C) will carry out programs to assist those
kindergarten students who are not ready for the
transition to first grade, particularly
students experiencing difficulty with reading
skills; and
[(D) will use supervised individuals
(including tutors), who have been appropriately
trained using scientifically based reading
research, to provide additional support, before
school, after school, on weekends, during
noninstructional periods of the school day, or
during the summer, for children preparing to
enter kindergarten and students in kindergarten
through grade 3 who are experiencing difficulty
reading;
[(3) shall describe how the applicant will ensure
that funds available under this part, and funds
available for reading instruction for kindergarten
through grade 6 from other appropriate sources, are
effectively coordinated, and, where appropriate,
integrated with funds under this Act in order to
improve existing activities in the areas of reading
instruction, professional development, program
improvement, parental involvement, technical
assistance, and other activities that can help meet the
purposes of this part;
[(4) shall describe, if appropriate, how parents,
tutors, and early childhood education providers will be
assisted by, and participate in, literacy-related
activities receiving financial assistance under this
part to enhance children's reading fluency;
[(5) shall describe how the local educational
agency--
[(A) provides instruction in reading to
children with reading difficulties who--
[(i) are at risk of being referred to
special education based on these
difficulties; or
[(ii) have been evaluated under
section 614 of the Individuals with
Disabilities Education Act but, in
accordance with section 614(b)(5) of
such Act, have not been identified as
being a child with a disability (as
defined in section 602 of the such
Act); and
[(B) will promote reading and library
programs that provide access to engaging
reading material; and
[(6) shall include an assurance that the local
educational agency will make available, upon request
and in an understandable and uniform format, to any
parent of a student attending any school selected to
receive assistance under subsection (d)(1) in the
geographic area served by the local educational agency,
information regarding the professional qualifications
of the student's classroom teacher to provide
instruction in reading.
[(c) Special Rule.--To the extent feasible, a local
educational agency that desires to receive a grant under this
section shall form a partnership with one or more community-
based organizations of demonstrated effectiveness in early
childhood literacy, and reading readiness, reading instruction,
and reading achievement for both adults and children, such as a
Head Start program, family literacy program, public library, or
adult education program, to carry out the functions described
in paragraphs (1) through (6) of subsection (b). In evaluating
subgrant applications under this section, a State educational
agency shall consider whether the applicant has satisfied the
requirement in the preceding sentence. If not, the applicant
must provide information on why it would not have been feasible
for the applicant to have done so.
[(d) Use of Funds.--
[(1) In general.--Subject to paragraph (2), a local
educational agency that receives a subgrant under this
section shall use amounts from the subgrant to carry
out activities to advance reform of reading instruction
in any school that (A) is described in subsection
(a)(1)(A), (B) has the largest, or second largest,
number of children who are counted under section
1124(c), in comparison to all other schools in the
local educational agency, or (C) has the highest, or
second highest, school-age child poverty rate (as
defined in the second sentence of subsection (a)(1)),
in comparison to all other schools in the local
educational agency. Such activities shall include the
following:
[(A) Securing technical and other assistance
from--
[(i) a program of reading instruction
based on scientifically based reading
research;
[(ii) a person or entity with
experience or expertise about such
program and its implementation, who has
agreed to work with the recipient in
connection with its implementation; or
[(iii) a program providing family
literacy services.
[(B) Providing professional development
activities to teachers and other instructional
staff (including training of tutors), using
scientifically based reading research and
purchasing of curricular and other supporting
materials.
[(C) Promoting reading and library programs
that provide access to engaging reading
material.
[(D) Providing, on a voluntary basis,
training to parents of children enrolled in a
school selected to receive assistance under
subsection (d)(1) on how to help their children
with school work, particularly in the
development of reading skills. Such training
may be provided directly by the subgrant
recipient, or through a grant or contract with
another person. Such training shall be
consistent with reading reforms taking place in
the school setting. No parent shall be required
to participate in such training.
[(E) Carrying out family literacy services
based on programs such as the Even Start family
literacy model authorized under part B of title
I, to enable parents to be their child's first
and most important teacher.
[(F) Providing instruction for parents of
children enrolled in a school selected to
receive assistance under subsection (d)(1), and
others who volunteer to be reading tutors for
such children, in the instructional practices
based on scientifically based reading research
used by the applicant.
[(G) Programs to assist those kindergarten
students enrolled in a school selected to
receive assistance under subsection (d)(1) who
are not ready for the transition to first
grade, particularly students experiencing
difficulty with reading skills.
[(H) Providing additional support for
children preparing to enter kindergarten and
students in kindergarten through grade 3 who
are enrolled in a school selected to receive
assistance under subsection (d)(1), who are
experiencing difficulty reading, before school,
after school, on weekends, during
noninstructional periods of the school day, or
during the summer, using supervised individuals
(including tutors), who have been appropriately
trained using scientifically based reading
research.
[(I) Providing instruction in reading to
children with reading difficulties who--
[(i) are at risk of being referred to
special education based on these
difficulties; or
[(ii) have been evaluated under
section 614 of the Individuals with
Disabilities Education Act but, in
accordance with section 614(b)(5) of
such Act, have not been identified as
being a child with a disability (as
defined in section 602 of the such
Act).
[(J) Providing coordination of reading,
library, and literacy programs within the local
educational agency to avoid duplication and
increase the effectiveness of reading, library,
and literacy activities.
[(2) Limitation on administrative expenses.--A
recipient of a subgrant under this section may use not
more than 5 percent of the subgrant funds for
administrative costs.
[(e) Training Nonrecipients.--A recipient of a subgrant under
this section may train, on a fee-for-service basis, personnel
from schools, or local educational agencies, that are not a
beneficiary of, or receiving, such a subgrant, in the
instructional practices based on scientifically based reading
research used by the recipient. Such a nonrecipient school or
agency may use funds received under title I of this Act, and
other appropriate Federal funds used for reading instruction,
to pay for such training, to the extent consistent with the law
under which such funds were received.
[SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.
[(a) In General.--
[(1) Subgrants.--Except as provided in paragraph (4),
a State educational agency that receives a grant under
section 2253 shall make at least one subgrant on a
competitive basis to--
[(A) local educational agencies that have at
least one school in the geographic area served
by the agency that--
[(i) is located in an area designated
as an empowerment zone under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986; or
[(ii) is located in an area
designated as an enterprise community
under part I of subchapter U of chapter
1 of the Internal Revenue Code of 1986;
[(B) local educational agencies that have at
least one school that is identified for school
improvement under section 1116(c) in the
geographic area served by the agency;
[(C) local educational agencies with the
largest, or second largest, number of children
who are counted under section 1124(c), in
comparison to all other local educational
agencies in the State; or
[(D) local educational agencies with the
highest, or second highest, school-age child
poverty rate, in comparison to all other local
educational agencies in the State.
For purposes of subparagraph (D), the term ``school-age
child poverty rate'' means the number of children
counted under section 1124(c) who are living within the
geographic boundaries of the local educational agency,
expressed as a percentage of the total number of
children aged 5-17 years living within the geographic
boundaries of the local educational agency.
[(2) Notification.--
[(A) To local educational agencies.--A State
educational agency shall provide notice to all
local educational agencies within the State
regarding the availability of the subgrants
under this section.
[(B) To providers and parents.--Not later
than 30 days after the date on which the State
educational agency provides notice under
subparagraph (A), each local educational agency
described in paragraph (1) shall, as a
condition on the agency's receipt of funds made
available under title I of this Act, provide
public notice to potential providers of
tutorial assistance operating in the
jurisdiction of the agency, and parents
residing in such jurisdiction, regarding the
availability of the subgrants under this
section.
[(3) Application.--A local educational agency that
desires to receive a subgrant under this section shall
submit an application to the State educational agency
at such time, in such manner, and including such
information as the agency may require. The application
shall include an assurance that the local educational
agency will use the subgrant funds to carry out the
duties described in subsection (b) for children
enrolled in any school selected by the agency that (A)
is described in paragraph (1)(A), (B) is described in
paragraph (1)(B), (C) has the largest, or second
largest, number of children who are counted under
section 1124(c), in comparison to all other schools in
the local educational agency, or (D) has the highest,
or second highest, school-age child poverty rate (as
defined in the second sentence of paragraph (1)), in
comparison to all other schools in the local
educational agency.
[(4) Exception.--If no local educational agency
within the State submits an application to receive a
subgrant under this section within the 6-month period
beginning on the date on which the State educational
agency provided notice to the local educational
agencies regarding the availability of the subgrants,
the State educational agency may use funds otherwise
reserved under 2254(2) for the purpose of providing
local reading improvement subgrants under section 2255
if the State educational agency certifies to the
Secretary that the requirements of paragraph (2) have
been met and each local educational agency in the State
described in subparagraph (B) of such paragraph has
demonstrated to the State educational agency that no
provider of tutorial assistance described in such
subparagraph requested the local educational agency to
submit under paragraph (3) an application for a
tutorial assistance subgrant.
[(b) Use of Funds.--
[(1) In general.--A local educational agency that
receives a subgrant under this section shall carry out,
using the funds provided under the subgrant, each of
the duties described in paragraph (2).
[(2) Duties.--The duties described in this paragraph
are the provision of tutorial assistance in reading,
before school, after school, on weekends, or during the
summer, to children who have difficulty reading, using
instructional practices based on scientifically based
reading research, through the following:
[(A) The creation and implementation of
objective criteria to determine in a uniform
manner the eligibility of tutorial assistance
providers and tutorial assistance programs
desiring to provide tutorial assistance under
the subgrant. Such criteria shall include the
following:
[(i) A record of effectiveness with
respect to reading readiness, reading
instruction for children in
kindergarten through 3d grade, and
early childhood literacy, as
appropriate.
[(ii) Location in a geographic area
convenient to the school or schools
attended by the children who will be
receiving tutorial assistance.
[(iii) The ability to provide
tutoring in reading to children who
have difficulty reading, using
instructional practices based on
scientifically based reading research
and consistent with the reading
instructional methods and content used
by the school the child attends.
[(B) The provision, to parents of a child
eligible to receive tutorial assistance
pursuant to this section, of multiple choices
among tutorial assistance providers and
tutorial assistance programs determined to be
eligible under the criteria described in
subparagraph (A). Such choices shall include a
school-based program and at least one tutorial
assistance program operated by a provider
pursuant to a contract with the local
educational agency.
[(C) The development of procedures--
[(i) for the provision of information
to parents of an eligible child
regarding such parents' choices for
tutorial assistance for the child;
[(ii) for considering children for
tutorial assistance who are identified
under subparagraph (D) and for whom no
parent has selected a tutorial
assistance provider or tutorial
assistance program that give such
parents additional opportunities to
select a tutorial assistance provider
or tutorial assistance program referred
to in subparagraph (B); and
[(iii) that permit a local
educational agency to recommend a
tutorial assistance provider or
tutorial assistance program in a case
where a parent asks for assistance in
the making of such selection.
[(D) The development of a selection process
for providing tutorial assistance in accordance
with this paragraph that limits the provision
of assistance to children identified, by the
school the child attends, as having difficulty
reading, including difficulty mastering
phonemic awareness, systematic phonics,
fluency, and reading comprehension.
[(E) The development of procedures for
selecting children to receive tutorial
assistance, to be used in cases where
insufficient funds are available to provide
assistance with respect to all children
identified by a school under subparagraph (D),
that--
[(i) give priority to children who
are determined, through State or local
reading assessments, to be most in need
of tutorial assistance; and
[(ii) give priority, in cases where
children are determined, through State
or local reading assessments, to be
equally in need of tutorial assistance,
based on a random selection principle.
[(F) The development of a methodology by
which payments are made directly to tutorial
assistance providers who are identified and
selected pursuant to this section and selected
for funding. Such methodology shall include the
making of a contract, consistent with State and
local law, between the provider and the local
educational agency. Such contract shall satisfy
the following requirements:
[(i) It shall contain specific goals
and timetables with respect to the
performance of the tutorial assistance
provider.
[(ii) It shall require the tutorial
assistance provider to report to the
local educational agency on the
provider's performance in meeting such
goals and timetables.
[(iii) It shall specify the
measurement techniques that will be
used to evaluate the performance of the
provider.
[(iv) It shall require the provider
to meet all applicable Federal, State,
and local health, safety, and civil
rights laws.
[(v) It shall ensure that the
tutorial assistance provided under the
contract is consistent with reading
instruction and content used by the
local educational agency.
[(vi) It shall contain an agreement
by the provider that information
regarding the identity of any child
eligible for, or enrolled in the
program, will not be publicly disclosed
without the permission of a parent of
the child.
[(vii) It shall include the terms of
an agreement between the provider and
the local educational agency with
respect to the provider's purchase and
maintenance of adequate general
liability insurance.
[(viii) It shall contain provisions
with respect to the making of payments
to the provider by the local
educational agency.
[(G) The development of procedures under
which the local educational agency carrying out
this paragraph--
[(i) will ensure oversight of the
quality and effectiveness of the
tutorial assistance provided by each
tutorial assistance provider that is
selected for funding;
[(ii) will provide for the
termination of contracts with
ineffective and unsuccessful tutorial
assistance providers (as determined by
the local educational agency based upon
the performance of the provider with
respect to the goals and timetables
contained in the contract between the
agency and the provider under
subparagraph (F));
[(iii) will provide to each parent of
a child identified under subparagraph
(D) who requests such information for
the purpose of selecting a tutorial
assistance provider for the child, in a
comprehensible format, information with
respect to the quality and
effectiveness of the tutorial
assistance referred to in clause (i);
[(iv) will ensure that each school
identifying a child under subparagraph
(D) will provide upon request, to a
parent of the child, assistance in
selecting, from among the tutorial
assistance providers who are identified
pursuant to subparagraph (B) the
provider who is best able to meet the
needs of the child;
[(v) will ensure that parents of a
child receiving tutorial assistance
pursuant to this section are informed
of their child's progress in the
tutorial program; and
[(vi) will ensure that it does not
disclose the name of any child who may
be eligible for tutorial assistance
pursuant to this section, the name of
any parent of such a child, or any
other personally identifiable
information about such a parent or
child, to any tutorial assistance
provider (excluding the agency itself),
without the prior written consent of
such parent.
[SEC. 2257. NATIONAL EVALUATION.
[From funds reserved under section 2260(b)(1), the Secretary,
through grants or contracts, shall conduct a national
assessment of the programs under this part. In developing the
criteria for the assessment, the Secretary shall receive
recommendations from the peer review panel convened under
section 2253(c)(2).
[SEC. 2258. INFORMATION DISSEMINATION.
[(a) In General.--From funds reserved under section
2260(b)(2), the National Institute for Literacy shall
disseminate information on scientifically based reading
research and information on subgrantee projects under section
2255 or 2256 that have proven effective. At a minimum, the
institute shall disseminate such information to all recipients
of Federal financial assistance under titles I and VII of this
Act, the Head Start Act, the Individuals with Disabilities
Education Act, and the Adult Education and Family Literacy Act.
[(b) Coordination.--In carrying out this section, the
National Institute for Literacy--
[(1) shall use, to the extent practicable,
information networks developed and maintained through
other public and private persons, including the
Secretary, the National Center for Family Literacy, and
the Readline Program;
[(2) shall work in conjunction with any panel
convened by the National Institute of Child Health and
Human Development and the Secretary and any panel
convened by the Office of Educational Research and
Improvement to assess the current status of research-
based knowledge on reading development, including the
effectiveness of various approaches to teaching
children to read, with respect to determining the
criteria by which the National Institute for Literacy
judges scientifically based reading research and the
design of strategies to disseminate such information;
and
[(3) may assist any State educational agency selected
to receive a grant under section 2253, and that
requests such assistance--
[(A) in determining whether applications
submitted under section 2253 meet the
requirements of this title relating to
scientifically based reading research; and
[(B) in the development of subgrant
application forms.
[SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.
[(a) State Evaluations.--
[(1) In general.--Each State educational agency that
receives a grant under section 2253 shall evaluate the
success of the agency's subgrantees in meeting the
purposes of this part. At a minimum, the evaluation
shall measure the extent to which students who are the
intended beneficiaries of the subgrants made by the
agency have improved their reading skills.
[(2) Contract.--A State educational agency shall
carry out the evaluation under this subsection by
entering into a contract with an entity that conducts
scientifically based reading research, under which
contract the entity will perform the evaluation.
[(3) Submission.--A State educational agency shall
submit the findings from the evaluation under this
subsection to the Secretary. The Secretary shall submit
a summary of the findings from the evaluations under
this subsection and the national assessment conducted
under section 2257 to the appropriate committees of the
Congress, including the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
[(b) Performance Reports.--A State educational agency that
receives a grant under section 2253 shall submit performance
reports to the Secretary pursuant to a schedule to be
determined by the Secretary, but not more frequently than
annually. Such reports shall include--
[(1) with respect to subgrants under section 2255,
the program or programs of reading instruction, based
on scientifically based reading research, selected by
subgrantees;
[(2) the results of use of the evaluation referred to
in section 2253(b)(2)(E)(iv); and
[(3) a description of the subgrantees receiving funds
under this part.
[SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; RESERVATIONS FROM
APPROPRIATIONS; SUNSET.
[(a) Authorizations.--
[(1) FY 1999.--There are authorized to be
appropriated to carry out this part $260,000,000 for
fiscal year 1999.
[(2) FY 2000.--There are authorized to be
appropriated to carry out this part $260,000,000 for
fiscal year 2000.
[(b) Reservations.--From each of the amounts appropriated
under subsection (a) for a fiscal year, the Secretary--
[(1) shall reserve 1.5 percent to carry out section
2257(a); and
[(2) shall reserve $5,000,000 to carry out section
2258.
[(c) Sunset.--Notwithstanding section 422(a) of the General
Education Provisions Act, this part is not subject to extension
under such section.
[PART D--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT
[SEC. 2301. 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. 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. 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. 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. 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. 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 E--GENERAL PROVISIONS
[SEC. 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. 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).]
TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
PART A--TEACHER QUALITY TRAINING AND RECRUITING FUND
SEC. 2001. PURPOSE.
The purpose of this part is to provide grants to States and
local educational agencies in order to assist their efforts to
increase student academic achievement through such strategies
as improving teacher and principal quality and increasing the
number of highly qualified teachers in the classroom.
Subpart 1--Grants to States to Prepare, Train, and Recruit Qualified
Teachers
SEC. 2011. FORMULA GRANTS TO STATES.
(a) In General.--In the case of each State that in accordance
with section 2013 submits to the Secretary an application for a
fiscal year, the Secretary shall make a grant for the year to
the State for the uses specified in section 2012. The grant
shall consist of the allotment determined for the State under
subsection (b).
(b) Determination of Amount of Allotments.--
(1) Reservation of funds.--From the amount made
available to carry out this subpart for any fiscal
year, the Secretary shall reserve--
(A) \1/2\ of 1 percent for allotments for the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
to be distributed among these outlying areas on
the basis of their relative need, as determined
by the Secretary in accordance with the purpose
of this part; and
(B) \1/2\ of 1 percent for the Secretary of
the Interior for programs under this subpart
for professional development activities for
teachers, other staff, and administrators in
schools operated or funded by the Bureau of
Indian Affairs.
(2) State allotments.--
(A) Hold harmless.--
(i) In general.--Subject to
subparagraph (B), from the total amount
made available to carry out this
subpart for any fiscal year and not
reserved under paragraph (1), the
Secretary shall allot to each of the 50
States, the District of Columbia, and
the Commonwealth of Puerto Rico an
amount equal to the total amount that
such State received for fiscal year
2001 under--
(I) section 2202(b) of this
Act (as in effect on the day
before the date of the
enactment of the No Child Left
Behind Act of 2001); and
(II) section 306 of the
Department of Education
Appropriations Act, 2001 (as
enacted into law by section
1(a)(1) of Public Law 106-554).
(ii) Nonparticipating states.--In the
case of a State that did not receive
any funds for fiscal year 2001 under
one or both of the provisions referred
to in subclauses (I) and (II) of clause
(i), the amount allotted to the State
under such clause shall be the total
amount that the State would have
received for fiscal year 2001 if it had
elected to participate in all of the
programs for which it was eligible
under each of the provisions referred
to in such subclauses.
(iii) Ratable reduction.--If the
total amount made available to carry
out this subpart for any fiscal year
and not reserved under paragraph (1) is
insufficient to pay the full amounts
that all States are eligible to receive
under clause (i) for any fiscal year,
the Secretary shall ratably reduce such
amounts for such fiscal year.
(B) Allotment of additional funds.--
(i) In general.--Subject to clause
(ii), for any fiscal year for which the
total amount made available to carry
out this subpart and not reserved under
paragraph (1) exceeds the total amount
required to make allotments under
subparagraph (A), the Secretary shall
allot such excess amount among the 50
States, the District of Columbia, and
the Commonwealth of Puerto Rico as
follows:
(I) 50 percent of such excess
amount shall be allotted among
such States on the basis of
their relative populations of
individuals aged 5 through 17,
as determined by the Secretary
on the basis of the most recent
satisfactory data.
(II) 50 percent of such
excess amount shall be allotted
among such States in proportion
to the number of children, aged
5 to 17, who reside within the
State from families with
incomes below the poverty line
(as defined by the Office of
Management and Budget and
revised annually in accordance
with section 673(2) of the
Community Services Block Grant
Act (42 U.S.C. 9902(2))
applicable to a family of the
size involved for the most
recent fiscal year for which
satisfactory data are
available, compared to the
number of such individuals who
reside in all such States for
that fiscal year.
(ii) Exception.--No State receiving
an allotment under clause (i) may
receive less than \1/2\ of 1 percent of
the total excess amount allotted under
such clause.
(3) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year,
the Secretary shall reallot such amount to the
remaining States in accordance with this subsection.
SEC. 2012. WITHIN-STATE ALLOCATIONS.
(a) Use of Funds.--Each State receiving a grant under this
subpart shall use the funds provided under the grant in
accordance with this section to carry out activities for the
improvement of teaching and learning.
(b) Reservation of Funds.--
(1) In general.--A State that receives a grant under
this subpart may reserve not more than 5 percent of the
amount of the funds provided under the grant for--
(A) one or more of the authorized State
activities described in subsection (e); and
(B) planning and administration related to
carrying out such activities and making
subgrants to local educational agencies under
subparts 2 and 3.
(2) Limitation on administrative costs.--The amount
reserved by a State under paragraph (1)(B) may not
exceed 1 percent of the amount of the funds provided
under the grant.
(c) Subgrants to Local Educational Agencies.--
(1) In general.--The Secretary may make a grant to a
State under this subpart only if the State agrees to
distribute the funds described in this subsection as
subgrants to local educational agencies under subpart
3.
(2) Hold harmless.--
(A) In general.--From the funds that a State
receives under this subpart for any fiscal year
that are not reserved under subsection (b), the
State shall allot to each local educational
agency an amount equal to the total amount that
such agency received for fiscal year 2001
under--
(i) section 2203(1)(B) of this Act
(as in effect on the day before the
date of the enactment of the No Child
Left Behind Act of 2001); and
(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as
enacted into law by section 1(a)(1) of
Public Law 106-554).
(B) Nonparticipating agencies.--In the case
of a local educational agency that did not
receive any funds for fiscal year 2001 under
one or both of the provisions referred to in
clauses (i) and (ii) of subparagraph (A), the
amount allotted to the agency under such
subparagraph shall be the total amount that the
agency would have received for fiscal year 2001
if it had elected to participate in all of the
programs for which it was eligible under each
of the provisions referred to in such clauses.
(C) Ratable reduction.--If the funds
described in subparagraph (A) are insufficient
to pay the full amounts that all local
educational agencies are eligible to receive
under such subparagraph for any fiscal year,
the State shall ratably reduce such amounts for
such fiscal year.
(3) Allotment of Additional Funds.--
(A) In general.--For any fiscal year for
which the funds that a State receives under
this subpart that are not reserved under
subsection (b) exceed the total amount required
to make allotments under paragraph (2), the
State shall distribute the amount described in
subparagraph (B) through a formula under
which--
(i) 20 percent is allocated to local
educational agencies in accordance with
the relative enrollment in public and
private nonprofit elementary and
secondary schools within the boundaries
of such agencies; and
(ii) 80 percent is allocated to local
educational agencies in proportion to
the number of children, aged 5 to 17,
who reside within the geographic area
served by such agency from families
with incomes below the poverty line (as
defined by the Office of Management and
Budget and revised annually in
accordance with section 673(2) of the
Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family
of the size involved for the most
recent fiscal year for which
satisfactory data are available,
compared to the number of such
individuals who reside in the
geographic areas served by all the
local educational agencies in the State
for that fiscal year.
(B) Calculation of amount.--
(i) In general.--The amount described
in this subparagraph for a State for
any fiscal year is the base amount for
such State and year, plus any
additional amount for such State and
year.
(ii) Base amount.--For purposes of
this subparagraph, the term ``base
amount'' means 50 percent of the funds
that remain to a State after a State
makes the reservations described in
subsection (b) and the allotments
described in paragraph (2).
(iii) Additional amount.--For
purposes of this subparagraph, the term
``additional amount'' means the amount
(if any) by which the base amount for a
State exceeds the maximum amount
described in subsection (d)(2)(B).
(d) Math and Science Partnerships.--
(1) In general.--The Secretary may make a grant to a
State under this subpart only if the State agrees to
distribute the amount described in paragraph (2)
through a competitive subgrant process in accordance
with subpart 2.
(2) Amount described.--
(A) In general.--The amount described in this
paragraph for a State for any fiscal year is 50
percent of the funds that the State receives
under this subpart for the year that remain
after the State makes the reservations
described in subsection (b) and the allotments
described in subsection (c)(2).
(B) Limitation.--In no case may the amount
described in this paragraph exceed a maximum
amount calculated by multiplying the total
amount of the funds that a State receives under
this subpart for a fiscal year that the State
does not reserve under subsection (b) by a
percentage, selected by the State, that shall
be not less than 15 nor more than 20 percent.
(e) Authorized State Activities.--The authorized State
activities referred to in subsection (b)(1)(A) are the
following:
(1) Reforming teacher certification, recertification,
or licensure requirements to ensure that--
(A) teachers have the necessary teaching
skills and academic content knowledge in the
subject areas in which they are assigned to
teach;
(B) teacher certification, recertification,
or licensure requirements are aligned with the
State's challenging State academic content
standards; and
(C) teachers have the knowledge and skills
necessary to help students meet challenging
State student achievement standards.
(2) Carrying out programs that--
(A) include support during the initial
teaching or leadership experience, such as
mentoring programs that--
(i) provide--
(I) mentoring to beginning
teachers from veteran teachers
with expertise in the same
subject matter that the
beginning teachers will be
teaching; or
(II) similar mentoring to
principals or superintendents;
(ii) provide mentors time for
activities such as coaching, observing,
and assisting the teachers or school
leaders who are mentored; and
(iii) use standards or assessments
for guiding beginning teachers that are
consistent with the State's student
achievement standards and with the
requirements for professional
development activities under section
2033; and
(B) establish, expand, or improve alternative
routes to State certification of teachers,
especially in the areas of mathematics and
science, for highly qualified individuals with
a baccalaureate degree, including mid-career
professionals from other occupations,
paraprofessionals, former military personnel,
and recent college or university graduates with
records of academic distinction who demonstrate
the potential to become highly effective
teachers.
(3) Developing and implementing effective mechanisms
to assist local educational agencies and schools in
effectively recruiting and retaining highly qualified
and effective teachers and principals.
(4) Reforming tenure systems and implementing teacher
testing and other procedures to expeditiously remove
ineffective teachers from the classroom.
(5) Developing enhanced performance systems to
measure the effectiveness of specific professional
development programs and strategies.
(6) Providing technical assistance to local
educational agencies consistent with this part.
(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States, except that no reciprocity agreement developed
under this paragraph or developed using funds provided
under this part may lead to the weakening of any State
teaching certification or licensing requirement.
(8) Developing or assisting local educational
agencies in the development and utilization of proven,
innovative strategies to deliver intensive professional
development programs that are both cost-effective and
easily accessible, such as through the use of
technology and distance learning.
(9) Providing assistance to local educational
agencies for the development and implementation of
innovative professional development programs that train
teachers to use technology to improve teaching and
learning and are consistent with the requirements of
section 2033.
(10) Developing or assisting local educational
agencies in developing merit-based performance systems,
rigorous assessments for teachers, and strategies which
provide differential and bonus pay for teachers in
high-need subject areas such as reading, math, and
science and in high-poverty schools and districts.
(11) Providing assistance to local educational
agencies for the development and implementation of
professional development programs for principals that
enable them to be effective school leaders and prepare
all students to achieve challenging State content and
student achievement standards, including the
development and support of school leadership academies
to help exceptionally talented aspiring or current
principals and superintendents become outstanding
managers and educational leaders.
(12) Developing, or assisting local educational
agencies in developing, teacher advancement initiatives
that promote professional growth and emphasize multiple
career paths, such as career teacher, mentor teacher,
and master teacher career paths, with pay
differentiation.
(f) Coordination.--States receiving grants under section 202
of the Higher Education Act of 1965 shall coordinate the use of
such funds with activities carried out under this section.
SEC. 2013. APPLICATIONS BY STATES.
(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require.
(b) Contents.--Each application under this section shall
include the following:
(1) A description of how the State will ensure that a
local educational agency receiving a subgrant under
subpart 3 will comply with the requirements of such
subpart.
(2) A description of how the State will use funds
under this part to meet the requirements of section
1119(a)(2).
(3) A description of how the State will coordinate
professional development activities authorized under
this part with professional development activities
provided under other Federal, State, and local
programs, including those authorized under title I,
part A of title III, parts A and B of title V, and
(where applicable) the Individuals with Disabilities
Education Act and the Carl D. Perkins Vocational and
Technical Education Act. The application shall also
describe the comprehensive strategy that the State will
take as part of such coordination effort, to ensure
that teachers are trained in the utilization of
technology so that technology and its applications are
effectively used in the classroom to improve teaching
and learning in all curriculum and content areas, as
appropriate.
(4) A description of how the State will encourage the
development of proven, innovative strategies to deliver
intensive professional development programs that are
both cost-effective and easily accessible, such as
through the use of technology and distance learning.
(5) A description of how the State will ensure that
local educational agencies will comply with the
requirements under section 2033, especially with
respect to ensuring the participation of teachers,
principals, and parents.
(c) Application Approval.--A State application submitted to
the Secretary under this section shall be deemed approved by
the Secretary unless the Secretary makes a written
determination, within 90 days after receiving the application,
that the application is in violation of the provisions of this
subpart. The Secretary shall not finally disapprove a State
application except after giving the State notice and
opportunity for a hearing.
Subpart 2--Math and Science Partnerships
SEC. 2021. PURPOSE.
The purpose of this subpart is to improve the achievement of
students in the areas of mathematics and science by encouraging
States, institutions of higher education, and local educational
agencies to participate in programs that--
(1) focus on education and training of mathematics
and science teachers that improves teachers' knowledge
and skills and encourages intellectual growth;
(2) improve mathematics and science teaching by
encouraging institutions of higher education to assume
greater responsibility for improving mathematics and
science teacher education through the establishment of
a comprehensive, integrated system of recruiting,
training, and advising such teachers; and
(3) bring mathematics and science teachers in
elementary and secondary schools together with
scientists, mathematicians, and engineers to increase
the subject matter knowledge of teachers and improve
their teaching skills through the use of sophisticated
laboratory equipment and work space, computing
facilities, libraries, and other resources that
institutions of higher education are better able to
provide than the schools.
SEC. 2022. APPLICATION REQUIREMENTS.
(a) In General.--An eligible partnership seeking to receive a
subgrant from a State under this subpart shall submit an
application to the State at such time, in such manner, and
accompanied by such information as the State may require.
(b) Partnership Application Contents.--Each such application
shall include--
(1) an assessment of the teacher quality and
professional development of all the schools and
agencies participating in the eligible partnership with
respect to the teaching and learning of mathematics and
science;
(2) a description of how the activities to be carried
out by the eligible partnership will be aligned with
State academic content standards in mathematics and
science and with other educational reform activities
that promote student achievement in mathematics and
science;
(3) a description of how the activities to be carried
out by the eligible partnership will be based on a
review of relevant research, and an explanation of why
the activities are expected to improve student
achievement and to strengthen the quality of
mathematics and science instructions; and
(4) a description of--
(A) how the eligible partnership will carry
out the activities described in section
2023(c); and
(B) the eligible partnership's evaluation and
accountability plan described in section 2024.
SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUBGRANTS.
(a) In General.--From the amount described in section
2012(d), the State educational agency, working in conjunction
with the State agency for higher education (if such agencies
are separate), shall award subgrants on a competitive basis to
eligible partnerships to enable such partnerships to carry out
activities described in subsection (c).
(b) Duration.--The State shall award subgrants under this
subpart for a period of not less than 2 and not more than 5
years.
(c) Authorized Activities.--A recipient of funds provided
under this subpart may use the funds for the following
activities related to elementary or secondary schools:
(1) Establishing and operating mathematics and
science summer professional development workshops or
institutes for elementary and secondary school teachers
that--
(A) shall--
(i) directly relate to the curriculum
and content areas in which the teacher
provides instruction, and focus only
secondarily on pedagogy;
(ii) enhance the ability of a teacher
to understand and use the State's
academic content standards for
mathematics and science and to select
appropriate curricula;
(iii) train teachers to use curricula
that are--
(I) based on scientific
research;
(II) aligned with State
academic content standards; and
(III) object-centered,
experiment-oriented, and
concept- and content-based; and
(iv) provide supplemental assistance
and follow-up training during the
school year for summer institute
graduates; and
(B) may include--
(i) programs that provide prospective
teachers and novice teachers
opportunities to work under the
guidance of experienced teachers and
college faculty;
(ii) instruction in the use of data
and assessments to inform and instruct
classroom practice; and
(iii) professional development
activities, including supplemental and
follow-up activities, such as
curriculum alignment, distance
learning, and activities that train
teachers to utilize technology in the
classroom.
(2) Recruiting to the teaching profession--
(A) students studying mathematics,
engineering, and science; or
(B) mathematicians, engineers, and scientists
currently working in the field.
(3) Establishing and operating programs to bring
teachers into contact with working scientists,
mathematicians, and engineers, to expand teacher
content knowledge of and research in science and
mathematics.
(d) Priority.--In awarding subgrants under this subpart,
States shall give priority to applications seeking funding for
the activity described in subsection (c)(1).
(e) Coordination.--Partnerships receiving grants under
section 203 of the Higher Education Act of 1965 (20 U.S.C.
1023) shall coordinate the use of such funds with any related
activities carried out by such partnership with funds made
available under this subpart.
SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.
(a) In General.--Each eligible partnership receiving a
subgrant under this subpart shall develop an evaluation and
accountability plan for activities assisted under this subpart
that includes rigorous performance objectives that measure the
impact of activities funded under this subpart.
(b) Contents.--The plan--
(1) shall include measurable goals to increase the
number of mathematics and science teachers who
participate in content-based professional development
activities; and
(2) may include objectives and measures for--
(A) improved student achievement on State
mathematics and science assessments;
(B) increased participation by students in
advanced courses in mathematics and science;
(C) increased percentages of elementary
school teachers with academic majors or minors,
or group majors or minors, in mathematics,
engineering, or the sciences; and
(D) increased percentages of secondary school
classes in mathematics and science taught by
teachers with academic majors in mathematics
and science, respectively.
SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.
(a) Reports.--Each eligible partnership receiving a subgrant
under this subpart annually shall report to the State regarding
the eligible partnership's progress in meeting the performance
objectives described in section 2024.
(b) Revocation.--If the State determines that an eligible
partnership that receives a subgrant under this subpart for 5
years is not making substantial progress in meeting the
performance objectives described in section 2024 by the end of
the third year of the subgrant, the subgrant payments shall not
be made for the fourth and fifth years.
SEC. 2026. DEFINITIONS.
In this subpart:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that--
(A) shall include--
(i) a State educational agency;
(ii) a mathematics or science
department of a private independent
institution of higher education or a
State-supported public institution of
higher education; and
(iii) a high need local educational
agency; and
(B) may include--
(i) another institution of higher
education or the teacher training
department of such an institution;
(ii) additional local educational
agencies, public charter schools,
public or private elementary or
secondary schools, or a consortium of
such schools;
(iii) a business; or
(iv) a nonprofit organization of
demonstrated effectiveness, including a
museum or research institution.
(2) Summer professional development workshop or
institute.--The term ``summer professional development
workshop or institute'' means a workshop or institute
that--
(A) is conducted during a period of not less
than 2 weeks;
(B) includes as a component a program that
provides direct interaction between students
and faculty; and
(C) provides for follow-up training during
the academic year that is conducted in the
classroom for a period of not less than 3
consecutive or nonconsecutive days, except
that--
(i) if the workshop or institute is
conducted during a two-week period, the
follow-up training shall be conducted
for a period of at least 4 days; and
(ii) if the follow-up training is for
teachers in rural school districts, it
may be conducted through distance
learning.
Subpart 3--Subgrants to Local Educational Agencies
SEC. 2031. LOCAL USE OF FUNDS.
(a) In General.--Subject to subsection (b), each local
educational agency that receives a subgrant under this subpart
may use the subgrant to carry out the following activities:
(1) Initiatives to assist in recruiting and hiring
fully qualified teachers who will be assigned teaching
positions within their field, including--
(A) providing signing bonuses or other
financial incentives, such as differential pay,
for teachers to teach in academic subject areas
in which there exists a shortage of such fully
qualified teachers within a school or the local
educational agency;
(B) establishing programs that--
(i) recruit professionals from other
fields and provide such professionals
with alternative routes to teacher
certification; and
(ii) provide increased opportunities
for minorities, individuals with
disabilities, and other individuals
underrepresented in the teaching
profession; and
(C) implementing hiring policies that ensure
comprehensive recruitment efforts as a way to
expand the applicant pool, such as through
identifying teachers certified through
alternative routes, coupled with a system of
intensive screening designed to hire the most
qualified applicant.
(2) Initiatives to promote retention of highly
qualified teachers and principals, particularly within
elementary and secondary schools with a high percentage
of low-achieving students, including programs that
provide--
(A) mentoring to newly hired teachers, such
as from master teachers, or principals or
superintendents;
(B) incentives, including financial
incentives, to retain teachers who have a
record of success in helping low-achieving
students improve their academic success; or
(C) incentives, including financial
incentives, to principals who have a record of
improving the performance of all students, but
particularly students from economically
disadvantaged families and students from racial
and ethnic minority groups.
(3) Programs and activities that are designed to
improve the quality of the teacher force, such as--
(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education),
including programs that train teachers and
principals to utilize technology to improve
teaching and learning, are consistent with the
requirements of section 2033, and are
coordinated with part B of title V;
(B) development and utilization of proven,
cost-effective strategies for the
implementation of professional development
activities, such as through the utilization of
technology and distance learning;
(C) tenure reform;
(D) merit pay;
(E) testing of elementary and secondary
school teachers in the subject areas taught by
such teachers;
(F) professional development programs that
provide instruction in how to teach children
with different learning styles, particularly
children with disabilities and children with
special learning needs (including those who are
gifted and talented); and
(G) professional development programs that
provide instruction in methods of improving
student behavior in the classroom and how to
identify early and appropriate interventions to
help children described in subparagraph (F)
learn.
(4) Teacher opportunity payments, consistent with
section 2034.
(5) Professional activities designed to improve the
quality of principals and superintendents, including
the development and support of academies to help
exceptionally talented aspiring or current principals
and superintendents become outstanding managers and
educational leaders.
(6) Hiring fully qualified teachers, including
teachers who become fully qualified through State and
local alternative routes, and special education
teachers, in order to reduce class size, particularly
in the early grades.
(7) Teacher advancement initiatives that promote
professional growth and emphasize multiple career
paths, such as career teacher, mentor teacher, and
master teacher career paths, with pay differentiation.
(b) Special Rule.--
(1) In general.--For any fiscal year for which the
amount described in section 2012(d)(2)(A) for a State
is less than 15 percent of the total amount of the
funds that the State receives under this subpart for
the year that the State does not reserve under section
2012(b), each local educational agency that receives a
subgrant under this subpart from the State shall use
the funds to comply with paragraph (2).
(2) Requirement.--A local educational agency required
to comply with this paragraph shall use not less than
the amount expended by the agency under section 2206(b)
of this Act (as in effect on the day before the date of
the enactment of the No Child Left Behind Act of 2001),
for the fiscal year preceding the year in which such
enactment occurs, to carry out professional development
activities in mathematics and science.
SEC. 2032. LOCAL APPLICATIONS.
(a) In General.--A local educational agency seeking to
receive a subgrant from a State under this subpart shall submit
an application to the State--
(1) at such time as the State shall require; and
(2) which is coordinated with other programs under
this Act, or other Acts, as appropriate.
(b) Local Application Contents.--The local application
described in subsection (a), shall include, at a minimum, the
following:
(1) An assurance that the local educational agency
will target funds to schools within the jurisdiction of
the local educational agency that--
(A) have the lowest proportion of fully
qualified teachers;
(B) have the largest average class size; or
(C) are identified for school improvement
under section 1116(b).
(2) A description of how the local educational agency
will coordinate professional development activities
authorized under this subpart with professional
development activities provided through other Federal,
State, and local programs, including those authorized
under title I, part A of title III, parts A and B of
title V, and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act.
(3) A description of how the local educational agency
will integrate funds under this subpart with funds
received under part B of title V that are used for
professional development to train teachers to utilize
technology to improve teaching and learning.
(4) A description of how the local educational agency
has collaborated with teachers, principals, parents,
and administrators in the preparation of the
application.
SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
(a) Requirements for Professional Development Activities.--
Professional development activities under this subpart shall--
(1) meet the requirements of section 1119(a)(2);
(2) support professional development activities that
give teachers, principals, and administrators the
knowledge and skills to provide students with the
opportunity to meet challenging State academic content
standards and student achievement standards;
(3) support the recruiting, hiring, and training of
fully qualified teachers, including teachers fully
qualified through State and local alternative routes;
(4) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a
minimum, in reading or language arts and mathematics;
(5) be directly related to the curriculum and content
areas in which the teacher provides instruction, except
that this paragraph shall not apply to subparagraphs
(F) and (G) of section 2031(3);
(6) be designed to enhance the ability of a teacher
to understand and use the State's standards for the
subject area in which the teacher provides instruction;
(7) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing
student achievement or substantially increasing the
knowledge and teaching skills of teachers;
(8) be of sufficient intensity and duration (not to
include 1-day or short-term workshops and conferences)
to have a positive and lasting impact on the teacher's
performance in the classroom;
(9) be developed with extensive participation of
teachers, principals, parents, and administrators of
schools to be served under this subpart;
(10) be designed to give teachers of limited English
proficient children, and other teachers and
instructional staff, the knowledge and skills to
provide instruction and appropriate language and
academic support services to such children, including
the appropriate use of curriculum and assessments;
(11) to the extent appropriate, provide training for
teachers and principals in the use of technology so
that technology and its applications are effectively
used in the classroom to improve teaching and learning
in the curriculum and academic content areas in which
the teachers provide instruction;
(12) as a whole, be regularly evaluated for their
impact on increased teacher effectiveness and improved
student achievement, with the findings of such
evaluations used to improve the quality of professional
development; and
(13) provide instruction in methods of teaching
children with special needs.
(b) Professional Development Activities.--Professional
development activities under this subpart may include--
(1) instruction in the use of data and assessments to
inform and instruct classroom practice;
(2) instruction in ways that teachers, principals,
pupil services personnel, and school administrators may
work more effectively with parents;
(3) the forming of partnerships with institutions of
higher education to establish school-based teacher
training programs that provide prospective teachers and
novice teachers with an opportunity to work under the
guidance of experienced teachers and college faculty;
(4) the creation of programs for paraprofessionals
(assisting teachers employed by a local educational
agency receiving assistance under this part) to obtain
the education necessary for such paraprofessionals to
become licensed and certified teachers; and
(5) activities that provide follow-up training to
teachers who have participated in professional
development activities which are designed to ensure
that the knowledge and skills learned by the teacher
are implemented in the classroom.
(c) Accountability.--
(1) In general.--If, after any fiscal year, a State
determines that the programs or activities funded by a
local educational agency fail to meet the requirements
of subsection (a), the State shall notify the agency
that--
(A) it may be subject to paragraph (2); and
(B) technical assistance is available from
the State to help the agency meet those
requirements.
(2) Requirement to provide teacher opportunity
payments.--A local educational agency that has been
notified by a State for 2 consecutive years under
paragraph (1) shall expend under section 2034 for the
succeeding fiscal year a proportion of the amount the
agency receives under this subpart that is equal to the
proportion of the amount the agency received under this
part for the preceding fiscal year that the agency used
for professional development.
SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
(a) In General.--A local educational agency receiving funds
under this subpart may (or, in the case of a local educational
agency described in section 2033(c)(2), shall) provide funds
directly to a teacher or a group of teachers seeking
opportunities to participate in a professional development
activity of their choice that meets the requirements of section
2033(a) and is selected in consultation with the principal in
order to coordinate such professional development with other
reform efforts at the school.
(b) Notice to Teachers.--Local educational agencies
distributing funds under this section shall establish and
implement a timely process through which proper notice of
availability of funds will be given to all teachers within
schools identified by the agency and shall develop a process
whereby teachers will have regular consultation with and be
specifically recommended by principals to participate in such
program by virtue of--
(1) a teacher not being fully qualified to teach in
the subject or subjects in which they teach; or
(2) a teacher's need for additional assistance to
ensure that the teacher's students make progress toward
meeting challenging State academic content standards
and student achievement standards.
(c) Selection of Teachers.--If adequate funding is not
available to provide payments under this section to all
teachers seeking such assistance or identified as needing such
assistance pursuant to subsection (b), a local educational
agency shall establish procedures for selecting teachers that
give priority to teachers described in paragraph (1) or (2) of
subsection (b).
Subpart 4--Mid-Career Transitions to Teaching
CHAPTER 1--TROOPS-TO-TEACHERS PROGRAM
SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
(a) Program Authorized.--The Secretary may carry out a
program (to be known as the ``Troops-to-Teachers Program'')--
(1) to assist eligible members and former members of
the Armed Forces described in section 2042 to obtain
certification or licensure as fully qualified
elementary school teachers, secondary school teachers,
or vocational or technical teachers; and
(2) to facilitate the employment of such members in
elementary schools or secondary schools or as
vocational or technical teachers.
(b) Administration of Program.--The Secretary shall enter
into a memorandum of agreement with the Secretary of Defense
under which the Secretary of Defense, acting through the
Defense Activity for Non-Traditional Education Support of the
Department of Defense, will perform the actual administration
of the Program, other than section 2045. Using funds
appropriated to the Secretary to carry out this chapter, the
Secretary shall transfer to the Secretary of Defense such
amounts as may be necessary to administer the Program pursuant
to the memorandum of agreement.
(c) Information Regarding Program.--The Secretary shall
provide to the Secretary of Defense, for distribution as part
of preseparation counseling provided under section 1142 of
title 10, United States Code, to members of the Armed Forces
described in section 2042, information regarding the Troops-to-
Teachers Program and applications to participate in the
program.
(d) Placement Assistance and Referral Services.--As part of
the Troops-to-Teachers Program, the Secretary may, with the
agreement of the Secretary of Defense, provide placement
assistance and referral services regarding employment
opportunities with local educational agencies to members of the
Armed Forces who are discharged or released from active duty
under other than adverse conditions. Unless the member is also
selected to participate in the Program under section 2042, a
member receiving placement assistance and referral services
under the authority of this subsection is not eligible for
financial assistance under section 2043.
SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.
(a) Eligible Members.--The following members and former
members of the Armed Forces are eligible for selection to
participate in the Troops-to-Teachers Program:
(1) Any member who--
(A) on or after October 1, 1999, becomes
entitled to retired or retainer pay in the
manner provided in title 10 or title 14, United
States Code; or
(B) on or after the date of the enactment of
the No Child Left Behind Act of 2001, has an
approved date of voluntary retirement and, as
of the date the member submits an application
to participate in the Program, has one year or
less of active duty remaining before
retirement.
(2) Any member who, on or after the date of the
enactment of the No Child Left Behind Act of 2001--
(A) is separated or released from active duty
after six or more years of continuous active
duty immediately before the separation or
release; and
(B) executes a reserve commitment agreement
for a period of three years under subsection
(e)(2).
(3) Any member who, on or after the date of the
enactment of the No Child Left Behind Act of 2001, is
retired or separated for physical disability under
chapter 61 of title 10, United States Code.
(4) Any member who--
(A) during the period beginning on October 1,
1990, and ending on September 30, 1999, was
involuntarily discharged or released from
active duty for purposes of a reduction of
force after six or more years of continuous
active duty immediately before the discharge or
release; or
(B) applied for the teacher placement program
administered under section 1151 of title 10,
United States Code, before its repeal, and who
satisfied the eligibility criteria specified in
subsection (c) of such section 1151.
(b) Submission of Applications.--
(1) Form and submission.--Selection of eligible
members and former members of the Armed Forces to
participate in the Troops-to-Teachers Program shall be
made on the basis of applications submitted to the
Secretary within the time periods specified in
paragraph (2). An application shall be in such form and
contain such information as the Secretary may require.
(2) Time for submission.--An application shall be
considered to be submitted on a timely basis under
paragraph (1) if--
(A) in the case of a member or former member
of the Armed Forces described in paragraph (1),
(2), or (3) of subsection (a), the application
is submitted not later than four years after
the date on which the member is retired or
separated or released from active duty,
whichever applies to the member; or
(B) in the case of a member or former member
described in subsection (a)(4), the application
is submitted not later than September 30, 2003.
(c) Selection Criteria.--
(1) Establishment.--Subject to paragraphs (2) and
(3), the Secretary shall prescribe the criteria to be
used to select eligible members and former members of
the Armed Forces to participate in the Troops-to-
Teachers Program.
(2) Educational background.--If a member or former
member of the Armed Forces described in paragraph (1),
(2), or (3) of subsection (a) is applying for
assistance for placement as an elementary or secondary
school teacher, the Secretary shall require the member
to have received a baccalaureate or advanced degree
from an accredited institution of higher education. If
such a member is applying for assistance for placement
as a vocational or technical teacher, the Secretary
shall require the member--
(A) to have received the equivalent of one
year of college from an accredited institution
of higher education and have six or more years
of military experience in a vocational or
technical field; or
(B) to otherwise meet the certification or
licensure requirements for a vocational or
technical teacher in the State in which the
member seeks assistance for placement under the
Program.
(3) Honorable service.--A member or former member of
the Armed Forces is eligible to participate in the
Troops-to-Teachers Program only if the member's last
period of service in the Armed Forces was characterized
as honorable. If the member is selected to participate
in the Program before the retirement of the member or
the separation or release of the member from active
duty, the member may continue to participate in the
Program only if, upon the retirement or separation or
release from active duty, the member's last period of
service is characterized as honorable.
(d) Selection Priorities.--In selecting eligible members and
former members of the Armed Forces to receive assistance for
placement as elementary or secondary school teachers or
vocational or technical teachers, the Secretary shall give
priority to members who have educational or military experience
in science, mathematics, special education, or vocational or
technical subjects and agree to seek employment as science,
mathematics, or special education teachers in elementary or
secondary schools or in other schools under the jurisdiction of
a local educational agency.
(e) Other Conditions on Selection.--
(1) Selection subject to funding.--The Secretary may
not select an eligible member or former member of the
Armed Forces to participate in the Troops-to-Teachers
Program under this section and receive financial
assistance under section 2043 unless the Secretary has
sufficient appropriations for the Program available at
the time of the selection to satisfy the obligations to
be incurred by the United States under section 2043
with respect to the member.
(2) Reserve commitment agreement.--The Secretary may
not select an eligible member or former member of the
Armed Forces described in subsection (a)(2)(A) to
participate in the Troops-to-Teachers Program under
this section and receive financial assistance under
section 2043 unless--
(A) the Secretary notifies the Secretary
concerned and the member that the Secretary has
reserved a full stipend or bonus under section
2043 for the member; and
(B) the member executes a written agreement
with the Secretary concerned to serve as a
member of the Selected Reserve of a reserve
component of the Armed Forces for a period of
three years (in addition to any other reserve
commitment the member may have).
SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.
(a) Participation Agreement.--An eligible member or former
member of the Armed Forces selected to participate in the
Troops-to-Teachers Program under section 2042 and receive
financial assistance under this section shall be required to
enter into an agreement with the Secretary in which the member
agrees--
(1) to obtain, within such time as the Secretary may
require, certification or licensure as a fully
qualified elementary school teacher, secondary school
teacher, or vocational or technical teacher; and
(2) to accept an offer of full-time employment as a
fully qualified elementary school teacher, secondary
school teacher, or vocational or technical teacher for
not less than three school years with a local
educational agency or public charter school, to begin
the school year after obtaining that certification or
licensure.
(b) Violation of Participation Agreement; Exceptions.--A
participant in the Troops-to-Teachers Program shall not be
considered to be in violation of the participation agreement
entered into under subsection (a) during any period in which
the participant--
(1) is pursuing a full-time course of study related
to the field of teaching at an institution of higher
education;
(2) is serving on active duty as a member of the
Armed Forces;
(3) is temporarily totally disabled for a period of
time not to exceed three years as established by sworn
affidavit of a qualified physician;
(4) is unable to secure employment for a period not
to exceed 12 months by reason of the care required by a
spouse who is disabled;
(5) is seeking and unable to find full-time
employment as a fully qualified teacher in an
elementary or secondary school or as a vocational or
technical teacher for a single period not to exceed 27
months; or
(6) satisfies the provisions of additional
reimbursement exceptions that may be prescribed by the
Secretary.
(c) Stipend for Participants.--
(1) Stipend authorized.--Subject to paragraph (2),
the Secretary may pay to a participant in the Troops-
to-Teachers Program selected under section 2042 a
stipend in an amount up to $5,000.
(2) Limitation.--The total number of stipends that
may be paid under paragraph (1) in any fiscal year may
not exceed 3,000.
(d) Bonus for Participants.--
(1) Bonus authorized.--Subject to paragraph (2), the
Secretary may, in lieu of paying a stipend under
subsection (c), pay a bonus of $10,000 to a participant
in the Troops-to-Teachers Program selected under
section 2042 who agrees in the participation agreement
under subsection (a) to accept full-time employment as
a fully qualified elementary school teacher, secondary
school teacher, or vocational or technical teacher for
not less than three years in a high need school.
(2) Limitation.--The total number of bonuses that may
be paid under paragraph (1) in any fiscal year may not
exceed 1,000.
(3) High need school defined.--For purposes of this
subsection, the term ``high need school'' means a
public elementary school, public secondary school, or
public charter school that meets one or more of the
following criteria:
(A) At least 50 percent of the students
enrolled in the school were children counted
under subsection (c) of section 1124 for
purposes of making grants under such section to
local educational agencies, when such counting
was most recently performed.
(B) The school has a large percentage of
students who qualify for assistance under part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
(C) The school meets any other criteria
established by the Secretary in consultation
with the National Assessment Governing Board.
(e) Treatment of Stipend and Bonus.--A stipend or bonus paid
under this section to a participant in the Troops-to-Teachers
Program shall be taken into account in determining the
eligibility of the participant for Federal student financial
assistance provided under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
(f) Reimbursement Under Certain Circumstances.--
(1) Reimbursement required.--A participant in the
Troops-to-Teachers Program who is paid a stipend or
bonus under this section shall be required to repay the
stipend or bonus under the following circumstances:
(A) The participant fails to obtain teacher
certification or licensure or employment as a
fully qualified elementary school teacher,
secondary school teacher, or vocational or
technical teacher as required by the
participation agreement under subsection (a).
(B) The participant voluntarily leaves, or is
terminated for cause, from employment as an
elementary school teacher, secondary school
teacher, or vocational or technical teacher
during the three years of required service in
violation of the participation agreement.
(C) The participant executed a written
agreement with the Secretary concerned under
section 2042(e)(2) to serve as a member of a
reserve component of the Armed Forces for a
period of three years and fails to complete the
required term of service.
(2) Amount of reimbursement.--A participant required
to reimburse the Secretary for a stipend or bonus paid
to the participant under this section shall pay an
amount that bears the same ratio to the amount of the
stipend or bonus as the unserved portion of required
service bears to the three years of required service.
Any amount owed by the participant shall bear interest
at the rate equal to the highest rate being paid by the
United States on the day on which the reimbursement is
determined to be due for securities having maturities
of ninety days or less and shall accrue from the day on
which the participant is first notified of the amount
due.
(3) Treatment of obligation.--The obligation to
reimburse the Secretary under this subsection is, for
all purposes, a debt owing the United States. A
discharge in bankruptcy under title 11, United States
Code, shall not release a participant from the
obligation to reimburse the Secretary.
(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under
this subsection if the participant becomes permanently
totally disabled as established by sworn affidavit of a
qualified physician. The Secretary may also waive
reimbursement in cases of extreme hardship to the
participant, as determined by the Secretary.
(g) Relationship to Educational Assistance Under Montgomery
GI Bill.--The receipt by a participant in the Troops-to-
Teachers Program of a stipend or bonus under this section shall
not reduce or otherwise affect the entitlement of the
participant to any benefits under chapter 30 of title 38,
United States Code, or chapter 1606 of title 10, United States
Code.
SEC. 2044. PARTICIPATION BY STATES.
(a) Discharge of State Activities Through Consortia of
States.--The Secretary may permit States participating in the
Troops-to-Teachers Program to carry out activities authorized
for such States under the Program through one or more consortia
of such States.
(b) Assistance to States.--
(1) Grants authorized.--Subject to paragraph (2), the
Secretary may make grants to States participating in
the Troops-to-Teachers Program, or to consortia of such
States, in order to permit such States or consortia of
States to operate offices for purposes of recruiting
eligible members and former members of the Armed Forces
for participation in the Program and facilitating the
employment of participants in the Program as elementary
school teachers, secondary school teachers, and
vocational or technical teachers.
(2) Limitation.--The total amount of grants under
paragraph (1) in any fiscal year may not exceed
$4,000,000.
SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION
PROGRAMS.
(a) Development, Implementation and Demonstration.--The
Secretary may enter into a memorandum of agreement with a
State, an institution of higher education, or a consortia of
States or institutions of higher education, to develop,
implement, and demonstrate teacher certification programs for
members of the Armed Forces described in section 2042(a)(1)(B)
for the purpose of assisting such members to consider and
prepare for a career as a fully qualified elementary school
teacher, secondary school teacher, or vocational or technical
teacher upon their retirement from the Armed Forces.
(b) Program Elements.--A teacher certification program under
subsection (a) must--
(1) provide recognition of military experience and
training as related to licensure or certification
requirements;
(2) provide courses of instruction that may be
conducted on or near a military installation;
(3) incorporate alternative approaches to achieve
teacher certification, such as innovative methods to
gaining field-based teaching experiences, and
assessment of background and experience as related to
skills, knowledge, and abilities required of elementary
school teachers, secondary school teachers, or
vocational or technical teachers;
(4) provide for courses to also be delivered via
distance education methods; and
(5) address any additional requirements or
specifications as established by the Secretary.
(c) Application Procedures.--A State or institution of higher
education (or a consortia of States or institutions of higher
education) that has a program leading to State approved teacher
certification programs may submit a proposal to the Secretary
for consideration under subsection (a). The Secretary shall
give preference to proposals that provide for a sharing of the
costs to carry out the teacher certification program.
(d) Continuation of Programs.--The purpose of this section is
to provide funding to develop, implement, and demonstrate
teacher certification programs under subsection (a). Upon
successful completion of the demonstration phase, the continued
operation of the teacher certification programs shall not be
the responsibility of the Secretary.
(e) Funding Limitation.--The total amount obligated by the
Secretary under this section in any fiscal year may not exceed
$5,000,000.
SEC. 2046. REPORTING REQUIREMENTS.
(a) Report Required.--Not later than March 31 of each year,
the Secretary (in consultation with the Secretary of Defense
and the Secretary of Transportation) and the Comptroller
General shall each submit to Congress a report on the
effectiveness of the Troops-to-Teachers Program in the
recruitment and retention of qualified personnel by local
educational agencies and public charter schools.
(b) Elements of Report.--The report under subsection (a)
shall include information on the following:
(1) The number of participants in the Troops-to-
Teachers Program.
(2) The schools in which the participants are
employed.
(3) The grade levels at which the participants teach.
(4) The subject matters taught by the participants.
(5) The rates of retention of the participants by the
local educational agencies and public charter schools
employing the participants.
(6) Such other matters as the Secretary or the
Comptroller General, as the case may be, considers
appropriate.
(c) Recommendations.--The report of the Comptroller General
under this section shall also include any recommendations of
the Comptroller General regarding any means of improving the
Troops-to-Teachers Program, including means of enhancing the
recruitment and retention of participants in the Program.
SEC. 2047. DEFINITIONS.
For purposes of this chapter:
(1) Armed forces.--The term ``Armed Forces'' means
the Army, Navy, Air Force, Marine Corps, and Coast
Guard.
(2) Program.--The term ``Program'' means the Troops-
to-Teachers Program authorized by this subpart.
(3) Reserve component.--The term ``reserve
component'' means--
(A) the Army National Guard of the United
States;
(B) the Army Reserve;
(C) the Naval Reserve;
(D) the Marine Corps Reserve;
(E) the Air National Guard of the United
States;
(F) the Air Force Reserve; and
(G) the Coast Guard Reserve.
(4) Secretary concerned.--The term ``Secretary
concerned'' means--
(A) the Secretary of the Army, with respect
to matters concerning a reserve component of
the Army;
(B) the Secretary of the Navy, with respect
to matters concerning a reserve component of
the Navy;
(C) the Secretary of the Air Force, with
respect to matters concerning a reserve
component of the Air Force; and
(D) the Secretary of Transportation, with
respect to matters concerning the Coast Guard
Reserve.
CHAPTER 2--TRANSITION TO TEACHING
SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CAREERS.
(a) Purpose.--The purpose of this section is to address the
need of high-need local educational agencies for highly
qualified teachers in particular subject areas, such as
mathematics, science, foreign languages, bilingual education,
and special education, needed by those agencies, following the
model of the program under chapter 1, by recruiting, preparing,
placing, and supporting career-changing professionals who have
knowledge and experience that will help them become such
teachers.
(b) Program Authorized.--The Secretary may award grants,
contracts, or cooperative agreements to institutions of higher
education and public and private nonprofit agencies or
organizations to carry out programs authorized by this section.
(c) Application.--Each applicant that desires an award under
subsection (b) shall submit an application to the Secretary
containing such information as the Secretary requires,
including--
(1) a description of the target group of career-
changing professionals upon which the applicant will
focus its recruitment efforts in carrying out its
program under this section, including a description of
the characteristics of that target group that shows how
the knowledge and experience of its members are
relevant to meeting the purpose of this section;
(2) a description of the training that program
participants will receive and how that training will
relate to their certification as teachers;
(3) a description of how the applicant will
collaborate, as needed, with other institutions,
agencies, or organizations to recruit, train, place,
support, and provide teacher induction programs to
program participants under this section, including
evidence of the commitment of those institutions,
agencies, or organizations to the applicant's program;
(4) a description of how the applicant will evaluate
the progress and effectiveness of its program,
including--
(A) the program's goals and objectives;
(B) the performance indicators the applicant
will use to measure the program's progress; and
(C) the outcome measures that will be used to
determine the program's effectiveness; and
(5) such other information and assurances as the
Secretary may require.
(d) Uses of Funds and Period of Service.--
(1) Authorized activities.--Funds under this section
may be used for--
(A) recruiting program participants,
including informing them of opportunities under
the program and putting them in contact with
other institutions, agencies, or organizations
that would train, place, and support them;
(B) training stipends and other financial
incentives for program participants, not to
exceed $5,000 per participant;
(C) assisting institutions of higher
education or other providers of teacher
training to tailor their training to meet the
particular needs of professionals who are
changing their careers to teaching;
(D) placement activities, including
identifying high-need local educational
agencies with a need for the particular skills
and characteristics of the newly trained
program participants and assisting those
participants to obtain employment in those
local educational agencies; and
(E) post-placement induction or support
activities for program participants.
(2) Period of service.--A program participant in a
program under this section who completes his or her
training shall serve in a high-need local educational
agency for at least 3 years.
(3) Repayment.--The Secretary shall establish such
requirements as the Secretary determines appropriate to
ensure that program participants who receive a training
stipend or other financial incentive under paragraph
(1)(B), but fail to complete their service obligation
under paragraph (2), repay all or a portion of such
stipend or other incentive.
(e) Equitable Distribution.--To the extent practicable, the
Secretary shall make awards under this section that support
programs in different geographic regions of the United States.
(f) Definition.--As used in this section, the term ``program
participants'' means career-changing professionals who--
(1) hold at least a baccalaureate degree;
(2) demonstrate interest in, and commitment to,
becoming a teacher; and
(3) have knowledge and experience that are relevant
to teaching a high-need subject area in a high-need
local educational agency.
Subpart 5--Funding
SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this part,
other than subpart 4, there are authorized to be appropriated
$3,600,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
(b) Subpart 4.--For the purpose of carrying out subpart 4,
there are authorized to be appropriated $50,000,000 for fiscal
year 2002 and such sums as may be necessary for each of fiscal
years 2003 through 2006.
Subpart 6--General Provisions
SEC. 2061. DEFINITIONS.
For purposes of this part--
(1) Arts and sciences.--The term ``arts and
sciences'' means--
(A) when referring to an organizational unit
of an institution of higher education, any
academic unit that offers one or more academic
majors in disciplines or content areas
corresponding to the academic subject matter
areas in which teachers provide instruction;
and
(B) when referring to a specific academic
subject matter area, the disciplines or content
areas in which academic majors are offered by
the arts and sciences organizational unit.
(2) Beginning teacher.--The term ``beginning
teacher'' means an educator in a public school who has
not yet been teaching 3 full school years.
(3) Mentoring program.--The term ``mentoring
program'' means to provide professional support and
development, instruction, and guidance to beginning
teachers, but does not include a teacher or individual
who begins to work in a supervisory position.
(4) Publicly report.--The term ``publicly report'',
when used with respect to the dissemination of
information, means that the information is made widely
available to the public, including parents and
students, through such means as the Internet and major
print and broadcast media outlets.
PART [K] B--NATIONAL WRITING PROJECT
SEC. [10991.] 2101. FINDINGS.
The Congress finds that--
(1) * * *
* * * * * * *
SEC. [10992.] 2102. NATIONAL WRITING PROJECT.
(a) * * *
* * * * * * *
(g) Evaluation.--
(1) In general.--The Secretary shall conduct an
independent evaluation by grant or contract of the
teacher training programs administered pursuant to this
Act in accordance with section [14701.] 8651. Such
evaluation shall specify the amount of funds expended
by the National Writing Project and each contractor
receiving assistance under this section for
administrative costs. The results of such evaluation
shall be made available to the appropriate committees
of the Congress.
(2) Funding limitation.--The Secretary shall reserve
not more than $150,000 from the total amount
appropriated pursuant to the authority of subsection
(i) for fiscal year [1994] 2002 and the four succeeding
fiscal years to conduct the evaluation described in
paragraph (1).
* * * * * * *
(i) Authorization of Appropriations.--There are authorized to
be appropriated for the grant to the National Writing Project,
[$4,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years,] such
sums as may be necessary for fiscal year 2002 and the four
succeeding fiscal years, to carry out the provisions of this
section.
PART C--CIVIC EDUCATION
SEC. 2201. SHORT TITLE.
This part may be cited as the ``Education for Democracy
Act''.
SEC. 2202. FINDINGS.
The Congress finds that--
(1) college freshmen surveyed in 1999 by the Higher
Education Research Institute at the University of
California at Los Angeles demonstrated higher levels of
disengagement, both academically and politically, than
any previous entering class of students;
(2) college freshmen in 1999 demonstrated the lowest
levels of political interest in the 20-year history of
surveys conducted by the Higher Education Research
Institute at the University of California at Los
Angeles;
(3) United States secondary school students expressed
relatively low levels of interest in politics and
economics in a 1999 Harris survey;
(4) the 32d Annual Phi Delta Kappa/Gallup Poll of
2000 indicated that preparing students to become
responsible citizens was the most important purpose of
public schools;
(5) Americans surveyed by the Organization of
Economic Cooperation and Development indicated that
only 59 percent had confidence that schools have a
major effect on the development of good citizenship;
(6) teachers too often do not have sufficient
expertise in the subjects that they teach, and 50
percent of all secondary school history students in
America are being taught by teachers with neither a
major nor a minor in history;
(7) secondary school students correctly answered
fewer than 50 percent of the questions on a national
test of economic knowledge in a 1999 Harris survey;
(8) the 1998 National Assessment of Educational
Progress indicated that students have only superficial
knowledge of, and lacked a depth of understanding
regarding, civics;
(9) civics and economic education are important not
only to developing citizenship competencies in the
United States but also are critical to supporting
political stability and economic health in other
democracies, particularly emerging democratic market
economies;
(10) more than 75 percent of Americans surveyed by
the National Constitution Center in 1997 admitted that
they knew only some or very little about the
Constitution of the United States; and
(11) the Constitution of the United States is too
often viewed within the context of history and not as a
living document that shapes current events.
SEC. 2203. PURPOSE.
It is the purpose of this part--
(1) to improve the quality of civics and government
education by educating students about the history and
principles of the Constitution of the United States,
including the Bill of Rights;
(2) to foster civic competence and responsibility;
and
(3) to improve the quality of civic education and
economic education through cooperative civic education
and economic education exchange programs with emerging
democracies.
SEC. 2204. AUTHORITY.
The Secretary may make grants to, or enter into contracts
with--
(1) the Center for Civic Education to carry out civic
education activities in accordance with sections 2205
and 2206; and
(2) the National Council on Economic Education to
carry out economic education activities in accordance
with section 2206.
SEC. 2205. WE THE PEOPLE PROGRAM.
(a) Use of Funds.--The Center for Civic Education may use
funds made available under grants or contracts under section
2204(1) only to carry out activities--
(1) under the Citizen and the Constitution program in
accordance with subsection (b); and
(2) under the Project Citizen program in accordance
with subsection (c).
(b) Citizen and the Constitution Program.--
(1) Educational activities.--The Center for Civic
Education--
(A) shall use funds made available under
grants or contracts under section 2204(1)--
(i) to continue and expand the
educational activities of the program
entitled the ``We the People . . . The
Citizen and the Constitution''
administered by the Center for Civic
Education;
(ii) to carry out activities to
enhance student attainment of
challenging academic content standards
in civics and government;
(iii) to provide a course of
instruction on the basic principles of
the Nation's constitutional democracy
and the history of the Constitution of
the United States, including the Bill
of Rights;
(iv) to provide, at the request of a
participating school, school and
community simulated congressional
hearings following the course of
instruction described in clause (iii);
and
(v) to provide an annual national
competition of simulated congressional
hearings for secondary school students
who wish to participate in such a
program; and
(B) may use assistance made available under
section 2204(1)--
(i) to provide advanced sustained and
ongoing training of teachers about the
Constitution of the United States and
the political system of the United
States;
(ii) to provide materials and methods
of instruction, including teacher
training, that utilize the latest
advancements in educational technology;
and
(iii) to provide civic education
materials and services to address
specific problems such as the
prevention of school violence and the
abuse of drugs and alcohol.
(2) Availability of program.--As a condition of
receipt of funds under grants or contracts under
section 2204(1), the Secretary shall require the Center
for Civic Education to make the education program
authorized under this subsection available to public
and private elementary schools and secondary schools,
including Bureau-funded schools, in each of the 435
congressional districts, and in the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(c) Project Citizen.--
(1) Educational activities.--The Center for Civic
Education--
(A) shall use funds made available under
grants or contracts under section 2204(1)--
(i) to continue and expand the
educational activities of the program
entitled the ``We the People . . .
Project Citizen'' program administered
by the Center;
(ii) to carry out activities to
enhance student attainment of
challenging academic content standards
in civics and government;
(iii) to provide a course of
instruction at the middle school level
on the roles of State and local
governments in the Federal system
established by the Constitution of the
United States; and
(iv) to provide an annual national
showcase or competition; and
(B) may use funds made available under grants
or contracts under section 2204(1)--
(i) to provide optional school and
community simulated State legislative
hearings;
(ii) to provide advanced sustained
and ongoing training of teachers on the
roles of State and local governments in
the Federal system established by the
Constitution of the United States;
(iii) to provide materials and
methods of instruction, including
teacher training, that utilize the
latest advancements in educational
technology; and
(iv) to provide civic education
materials and services to address
specific problems such as the
prevention of school violence and the
abuse of drugs and alcohol.
(2) Availability of program.--As a condition of
receipt of funds under grants or contracts under
section 2204(1), the Secretary shall require the Center
for Civic Education to make the education program
authorized under this subsection available to public
and private middle schools, including Bureau-funded
schools, in each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(d) Bureau-Funded School Defined.--In this section, the term
``Bureau-funded school'' has the meaning given such term in
section 1146 of the Education Amendments of 1978 (25 U.S.C.
2026).
SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE
PROGRAMS.
(a) Use of Funds.--The Center for Civic Education and the
National Council on Economic Education may use funds made
available under grants or contracts under section 2204(2) only
to carry out cooperative education exchange programs that--
(1) make available to educators from eligible
countries exemplary curriculum and teacher training
programs in civics and government education, and
economics education, developed in the United States;
(2) assist eligible countries in the adaptation,
implementation, and institutionalization of programs
described in paragraph (1);
(3) create and implement programs for civics and
government education, and economic education, for
students that draw upon the experiences of the
participating eligible countries;
(4) provide means for the exchange of ideas and
experiences in civics and government education, and
economic education, among political, educational,
governmental, and private sector leaders of
participating eligible countries; and
(5) provide support for--
(A) independent research and evaluation to
determine the effects of educational programs
on students' development of the knowledge,
skills, and traits of character essential for
the preservation and improvement of
constitutional democracy; and
(B) effective participation in and the
preservation and improvement of an efficient
market economy.
(b) Activities.--In carrying out the cooperative education
exchange programs assisted under this section, the Center for
Civic Education and the National Council on Economic Education
shall--
(1) provide to the participants from eligible
countries--
(A) seminars on the basic principles of
United States constitutional democracy and
economic system, including seminars on the
major governmental and economic institutions
and systems in the United States, and visits to
such institutions;
(B) visits to school systems, institutions of
higher education, and nonprofit organizations
conducting exemplary programs in civics and
government education, and economic education,
in the United States;
(C) translations and adaptations with respect
to United States civics and government
education, and economic education, curricular
programs for students and teachers, and in the
case of training programs for teachers
translations and adaptations into forms useful
in schools in eligible countries, and joint
research projects in such areas; and
(D) independent research and evaluation
assistance--
(i) to determine the effects of the
cooperative education exchange programs
on students' development of the
knowledge, skills, and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
(ii) to identify effective
participation in and the preservation
and improvement of an efficient market
economy;
(2) provide to the participants from the United
States--
(A) seminars on the histories, economies, and
systems of government of eligible countries;
(B) visits to school systems, institutions of
higher education, and organizations conducting
exemplary programs in civics and government
education, and economic education, located in
eligible countries;
(C) assistance from educators and scholars in
eligible countries in the development of
curricular materials on the history,
government, and economy of such countries that
are useful in United States classrooms;
(D) opportunities to provide onsite
demonstrations of United States curricula and
pedagogy for educational leaders in eligible
countries; and
(E) independent research and evaluation
assistance to determine--
(i) the effects of the cooperative
education exchange programs assisted
under this section on students'
development of the knowledge, skills,
and traits of character essential for
the preservation and improvement of
constitutional democracy; and
(ii) effective participation in and
improvement of an efficient market
economy; and
(3) assist participants from eligible countries and
the United States to participate in international
conferences on civics and government education, and
economic education, for educational leaders, teacher
trainers, scholars in related disciplines, and
educational policymakers.
(c) Participants.--The primary participants in the
cooperative education exchange programs assisted under this
section shall be educational leaders in the areas of civics and
government education, and economic education, including
teachers, curriculum and teacher training specialists, scholars
in relevant disciplines, and educational policymakers, and
government and private sector leaders from the United States
and eligible countries.
(d) Consultation.--The Secretary may make a grant, or enter
into a contract, under section 2204(2) only if the Secretary of
State concurs with the Secretary that such grant, or contract,
is consistent with the foreign policy of the United States.
(e) Avoidance of Duplication.--With the concurrence of the
Secretary of State, the Secretary shall ensure that--
(1) the activities carried out under the programs
assisted under this section are not duplicative of
other activities conducted in eligible countries; and
(2) any institutions in eligible countries, with
which the Center for Civic Education or the National
Council on Economic Education may work in conducting
such activities, are creditable.
(f) Eligible Country Defined.--In this section, the term
``eligible country'' means a Central European country, an
Eastern European country, Lithuania, Latvia, Estonia, the
independent states of the former Soviet Union as defined in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the
Republic of Ireland, the province of Northern Ireland in the
United Kingdom, and any developing country (as such term is
defined in section 209(d) of the Education for the Deaf Act) if
the Secretary, with the concurrence of the Secretary of State,
determines that such developing country has a democratic form
of government.
SEC. 2207. FUNDING.
(a) Authorization of Appropriations.--
(1) We the people program.--There are authorized to
be appropriated to carry out sections 2204(1) and 2205
such sums as may be necessary for each of fiscal years
2002 through 2006.
(2) Cooperative civic education and economic
education exchange programs.--There are authorized to
be appropriated to carry out sections 2204(2) and 2206
such sums as may be necessary for each of fiscal years
2002 through 2006.
(b) Limitation.--In each fiscal year, the Secretary may use
not more than 50 percent of the amount appropriated under
subsection (a)(2) for assistance for economic educational
activities.
PART D--TEACHER LIABILITY PROTECTION
SEC. 2301. TEACHER IMMUNITY.
(a) Immunity.--Notwithstanding any other provision of law, no
school board member of, or teacher or administrator in, a local
educational agency that receives funds under this Act shall be
liable for monetary damages in his or her personal capacity for
an action that was taken in carrying out his or her official
duties and intended to maintain school discipline, so long as
that action was not prohibited under State or local law and did
not constitute reckless or criminal misconduct.
(b) Limitation.--The immunity established under subsection
(a) shall apply only to liability arising under Federal law.
[TITLE III--TECHNOLOGY FOR EDUCATION
[SEC. 3101. SHORT TITLE.
[This title may be cited as the ``Technology for Education
Act of 1994''.
[PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS
[SEC. 3111. FINDINGS.
[The Congress finds that--
[(1) technology can produce far greater opportunities
for all students to learn to high standards, promote
efficiency and effectiveness in education, and help
propel our Nation's school systems into very immediate
and dramatic reform, without which our Nation will not
meet the National Education Goals by the target year
2000;
[(2) the use of technology as a tool in the teaching
and learning process is essential to the development
and maintenance of a technologically literate citizenry
and an internationally competitive workforce;
[(3) the acquisition and use of technology in
education throughout the United States has been
inhibited by--
[(A) the absence of Federal leadership;
[(B) the inability of many State and local
educational agencies to invest in and support
needed technologies;
[(C) the limited exposure of students and
teachers to the power of technology as a cost-
effective tool to improve student learning and
achievement;
[(D) the lack of appropriate electrical and
telephone connections in the classroom; and
[(E) the limited availability of appropriate
technology-enhanced curriculum, instruction,
professional development, and administrative
support resources and services in the
educational marketplace;
[(4) policies at the Federal, State, and local levels
concerning technology in education must address
disparities in the availability of technology to
different groups of students, give priority to serving
students in greatest need, and recognize that
educational telecommunications and technology can
address educational equalization concerns and school
restructuring needs by providing universal access to
high-quality teaching and programs, particularly in
urban and rural areas;
[(5) the increasing use of new technologies and
telecommunications systems in business has increased
the gap between schooling and work force preparation,
and underscores the need for technology policies at the
Federal, State, tribal, and local levels that address
preparation for school-to-work transitions;
[(6) technology can enhance the ongoing professional
development of teachers and administrators by providing
constant access to updated research in teaching and
learning by means of telecommunications, and, through
exposure to technology advancements, keep teachers and
administrators excited and knowledgeable about
unfolding opportunities for the classroom;
[(7) planned and creative uses of technology,
combined with teachers adequately trained in the use of
technology, can reshape our Nation's traditional method
of providing education and empower teachers to create
an environment in which students are challenged through
rigorous, rich classroom instruction provided at a pace
suited to each student's learning style, and in which
students have increased opportunities to develop higher
order thinking and technical skills;
[(8) schools need new ways of financing the
acquisition and maintenance of educational technology;
[(9) the needs for educational technology differ from
State to State;
[(10) technology can provide students, parents,
teachers, other education professionals, communities,
and industry with increased opportunities for
partnerships and with increased access to information,
instruction, and educational services in schools and
other settings, including homes, libraries, preschool
and child-care facilities, adult and family education
programs, and postsecondary institutions;
[(11) the Department, consistent with the overall
national technology policy established by the
President, must assume a vital leadership and
coordinating role in developing the national vision and
strategy to infuse advanced technology throughout all
educational programs;
[(12) Federal support can ease the burden at the
State and local levels by enabling the acquisition of
advanced technology and initiating the development of
teacher training and support as well as new educational
products;
[(13) leadership at the Federal level should consider
guidelines to ensure that educational technology is
accessible to all users with maximum interoperability
nationwide;
[(14) the rapidly changing nature of technology
requires coordination and flexibility in Federal
leadership; and
[(15) technology has the potential to assist and
support the improvement of teaching and learning in
schools and other settings.
[SEC. 3112. STATEMENT OF PURPOSE.
[The purpose of this part is to support a comprehensive
system for the acquisition and use by elementary and secondary
schools in the United States of technology and technology-
enhanced curricula, instruction, and administrative support
resources and services to improve the delivery of educational
services. Such system shall include--
[(1) national leadership with respect to the need
for, and the provision of, appropriate technology-
enhanced curriculum, instruction, and administrative
programs to improve learning in the United States, and
to promote equal access for all students to educational
opportunities in order to achieve the National
Education Goals by the year 2000;
[(2) funding mechanisms which will support the
development, interconnection, implementation,
improvement, and maintenance of an effective
educational technology infrastructure, including
activities undertaken by State and local educational
agencies to promote and provide equipment, training for
teachers and school library and media personnel, and
technical support;
[(3) support for technical assistance, professional
development, information and resource dissemination, in
order to help States, local educational agencies,
teachers, school library and media personnel, and
administrators successfully integrate technology into
kindergarten through 12th grade classrooms and library
media centers;
[(4) support for the development of educational and
instructional programming in core subject areas, which
shall address the National Education Goals;
[(5) strengthening and building upon, but not
duplicating, existing telecommunications
infrastructures dedicated to educational purposes;
[(6) development and evaluation of new and emerging
educational technologies, telecommunications networks,
and state-of-the-art educational technology products
that promote the use of advanced technologies in the
classroom and school library media center;
[(7) assessment data regarding state-of-the-art uses
of technologies in United States education upon which
commercial and noncommercial telecommunications
entities, and governments can rely for decisionmaking
about the need for, and provision of, appropriate
technologies for education in the United States;
[(8) ensuring that uses of educational technology are
consistent with the overall national technology policy
established by the President, and ensuring that Federal
technology-related policies and programs will
facilitate the use of technology in education;
[(9) ensuring that activities supported under this
part will form the basis for sound State and local
decisions about investing in, sustaining, and expanding
uses of technology in education;
[(10) establishing working guidelines to ensure
maximum interoperability nationwide and ease of access
for the emerging technologies so that no school system
will be excluded from the technological revolution;
[(11) ensuring that, as technological advances are
made, the educational uses of these advances are
considered and their applications are developed; and
[(12) encouragement of collaborative relationships
among the State agency for higher education, the State
library administrative agency, the State
telecommunications agency, and the State educational
agency, in the area of technology support to strengthen
the system of education.
[SEC. 3113. DEFINITIONS.
[For purposes of this title--
[(1) the term ``adult education'' has the same
meaning given such term by section 203 of the Adult
Education and Family Literacy Act;
[(2) the term ``all students'' means students from a
broad range of backgrounds and circumstances, including
disadvantaged students, students with diverse racial,
ethnic, and cultural backgrounds, students with
disabilities, students with limited English
proficiency, students who have dropped out of school,
and academically talented students;
[(3) the term ``information infrastructure'' means a
network of communication systems designed to exchange
information among all citizens and residents of the
United States;
[(4) the term ``instructional programming'' means the
full range of audio and video data, text, graphics, or
additional state-of-the-art communications, including
multimedia based resources distributed through
interactive, command and control, or passive methods
for the purpose of education and instruction;
[(5) the terms ``interoperable'' and
``interoperability'' mean the ability to exchange
easily data with, and connect to, other hardware and
software in order to provide the greatest accessibility
for all students and other users;
[(6) the term ``Office'' means the Office of
Educational Technology;
[(7) the term ``public telecommunications entity''
has the same meaning given to such term by section
397(12) of the Communications Act of 1934;
[(8) the term ``regional educational laboratory''
means a regional educational laboratory supported under
section 941(h) of the Educational, Research,
Development, Dissemination, and Improvement Act of
1994;
[(9) the term ``State educational agency'' includes
the Bureau of Indian Affairs for purposes of serving
schools funded by the Bureau of Indian Affairs in
accordance with this part;
[(10) the term ``State library administrative
agency'' has the same meaning given to such term in
section 3 of the Library Services and Construction Act;
and
[(11) the term ``technology'' means state-of-the-art
technology products and services, such as closed
circuit television systems, educational television and
radio programs and services, cable television,
satellite, copper and fiber optic transmission,
computer hardware and software, video and audio laser
and CD-ROM discs, and video and audio tapes.
[SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
[(a) Authorization of Appropriations.--
[(1) Subparts 1, 2, and 3.--There are authorized to
be appropriated $200,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the four
succeeding fiscal years to carry out subparts 1, 2, and
3, of which--
[(A)(i) $3,000,000 shall be available to
carry out subpart 1 (National Programs for
Technology in Education) for any such year for
which the amount appropriated under this
subsection is less than $75,000,000; and
[(ii) $5,000,000 shall be available to carry
out subpart 1 for any such year for which the
amount appropriated under this subsection is
equal to or greater than $75,000,000;
[(B) $10,000,000 shall be available to carry
out subpart 3 (Regional Technical Support and
Professional Development) for each such year;
and
[(C) the remainder shall be available to
carry out subpart 2 (State and Local Programs
for School Technology Resources) for each such
year.
[(2) Subpart 4.--For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$50,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal
years.
[(b) Funding Rule.--
[(1) Appropriations of less than $75,000,000.--For
any fiscal year for which the amount appropriated under
subsection (a)(1) is less than $75,000,000, from the
remainder of funds made available under subsection
(a)(1)(C) the Secretary shall award grants for the
National Challenge Grants in accordance with section
3136.
[(2) Appropriations equal to or greater than
$75,000,000.--For any fiscal year for which the amount
appropriated under subsection (a)(1) is equal to or
greater than $75,000,000, from the remainder of funds
made available under subsection (a)(1)(C) the Secretary
shall award grants to State educational agencies from
allotments under section 3131, except that the
Secretary may reserve, from such remainder, such funds
as the Secretary determines necessary to meet
outstanding obligations for such fiscal year to
continue the National Challenge Grants for Technology
awarded under section 3136.
[SEC. 3115. LIMITATION ON COSTS.
[Not more than 5 percent of the funds under this part that
are made available to a recipient of funds under this part for
any fiscal year may be used by such recipient for
administrative costs or technical assistance.
[Subpart 1--National Programs for Technology in Education
[SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
[(a) In General.--The Secretary shall develop and publish not
later than 12 months after the date of the enactment of the
Improving America's Schools Act of 1994, and update when the
Secretary determines appropriate, a national long-range plan
that supports the overall national technology policy and
carries out the purposes of this part.
[(b) Plan Requirements.--The Secretary shall--
[(1) develop the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners and
policymakers, experts in technology and the
applications of technology to education,
representatives of distance learning consortia,
representatives of telecommunications partnerships
receiving assistance under the Star Schools Act, and
providers of technology services and products;
[(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
[(3) publish such plan in a form that is readily
accessible to the public.
[(c) Contents of the Plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this title, including--
[(1) how the Secretary will encourage the effective
use of technology to provide all students the
opportunity to achieve State content standards and
State student performance standards, especially through
programs administered by the Department;
[(2) joint activities in support of the overall
national technology policy with other Federal
departments or agencies, such as the Office of Science
and Technology Policy, the National Endowment for the
Humanities, the National Endowment for the Arts, the
National Institute for Literacy, the National
Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs, and
the Departments of Commerce, Energy, Health and Human
Services, and Labor--
[(A) to promote the use of technology in
education, training, and lifelong learning,
including plans for the educational uses of a
national information infrastructure; and
[(B) to ensure that the policies and programs
of such departments or agencies facilitate the
use of technology for educational purposes, to
the extent feasible;
[(3) how the Secretary will work with educators,
State and local educational agencies, and appropriate
representatives of the private sector to facilitate the
effective use of technology in education;
[(4) how the Secretary will promote--
[(A) higher achievement of all students
through the integration of technology into the
curriculum;
[(B) increased access to the benefits of
technology for teaching and learning for
schools with a high number or percentage of
children from low-income families;
[(C) the use of technology to assist in the
implementation of State systemic reform
strategies;
[(D) the application of technological
advances to use in education;
[(E) increased access to high quality adult
and family education services through the use
of technology for instruction and professional
development; and
[(F) increased opportunities for the
professional development of teachers in the use
of new technologies;
[(5) how the Secretary will determine, in
consultation with appropriate individuals,
organizations, industries, and agencies, the
feasibility and desirability of establishing guidelines
to facilitate an easy exchange of data and effective
use of technology in education;
[(6) how the Secretary will promote the exchange of
information among States, local educational agencies,
schools, consortia, and other entities concerning the
effective use of technology in education;
[(7) how the Secretary will utilize the outcomes of
the evaluation undertaken pursuant to section 3123 to
promote the purposes of this part; and
[(8) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
[SEC. 3122. FEDERAL LEADERSHIP.
[(a) Program Authorized.--In order to provide Federal
leadership in promoting the use of technology in education, the
Secretary, in consultation with the National Science
Foundation, the Department of Commerce, the United States
National Commission on Libraries and Information Sciences, and
other appropriate Federal agencies, may carry out activities
designed to achieve the purposes of this part directly or by
awarding grants or contracts competitively and pursuant to a
peer review process to, or entering into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, or other public and private nonprofit or
for-profit agencies and organizations.
[(b) Assistance.--
[(1) In general.--The Secretary shall provide
assistance to the States to enable such States to plan
effectively for the use of technology in all schools
throughout the State in accordance with the purpose and
requirements of section 317 of the Goals 2000: Educate
America Act.
[(2) Other federal agencies.--For the purpose of
carrying out coordinated or joint activities consistent
with the purposes of this part, the Secretary may
accept funds from, and transfer funds to, other Federal
agencies.
[(c) Uses of Funds.--The Secretary shall use funds made
available to carry out this section for activities designed to
carry out the purpose of this part, such as--
[(1) providing assistance to technical assistance
providers to enable such providers to improve
substantially the services such providers offer to
educators regarding the uses of technology for
education, including professional development;
[(2) providing development grants to technical
assistance providers, to enable such providers to
improve substantially the services such providers offer
to educators on the educational uses of technology,
including professional development;
[(3) consulting with representatives of industry,
elementary and secondary education, higher education,
adult and family education, and appropriate experts in
technology and educational applications of technology
in carrying out activities under this subpart;
[(4) research on, and the development of, guidelines
to facilitate maximum interoperability, efficiency and
easy exchange of data for effective use of technology
in education;
[(5) research on, and the development of,
applications for education of the most advanced and
newly emerging technologies which research shall be
coordinated, when appropriate, with the Office of
Educational Research and Improvement, and other Federal
agencies;
[(6) the development, demonstration, and evaluation
of the educational aspects of high performance
computing and communications technologies and of the
national information infrastructure, in providing
professional development for teachers, school
librarians, and other educators; enriching academic
curricula for elementary and secondary schools;
facilitating communications among schools, local
educational agencies, libraries, parents, and local
communities and in other such areas as the Secretary
deems appropriate;
[(7) the development, demonstration, and evaluation
of applications of existing technology in preschool
education, elementary and secondary education, training
and lifelong learning, and professional development of
educational personnel;
[(8) the development and evaluation of software and
other products, including multimedia television
programming, that incorporate advances in technology
and help achieve the National Education Goals, State
content standards and State student performance
standards;
[(9) the development, demonstration, and evaluation
of model strategies for preparing teachers and other
personnel to use technology effectively to improve
teaching and learning;
[(10) the development of model programs that
demonstrate the educational effectiveness of technology
in urban and rural areas and economically distressed
communities;
[(11) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
[(12) a biennial assessment of, and report to the
public regarding, the uses of technology in elementary
and secondary education throughout the United States
upon which private businesses and Federal, State,
tribal, and local governments may rely for
decisionmaking about the need for, and provision of,
appropriate technologies in schools, which assessment
and report shall use, to the extent possible, existing
information and resources;
[(13) conferences on, and dissemination of
information regarding, the uses of technology in
education;
[(14) the development of model strategies to promote
gender equity concerning access to, and the use of,
technology in the classroom;
[(15) encouraging collaboration between the
Department and other Federal agencies in the
development, implementation, evaluation and funding of
applications of technology for education, as
appropriate; and
[(16) such other activities as the Secretary
determines will meet the purposes of this subpart.
[(d) Non-Federal Share.--
[(1) In general.--Subject to paragraphs (2) and (3),
the Secretary may require any recipient of a grant or
contract under this section to share in the cost of the
activities assisted under such grant or contract, which
non-Federal share shall be announced through a notice
in the Federal Register and may be in the form of cash
or in-kind contributions, fairly valued.
[(2) Increase.--The Secretary may increase the non-
Federal share that is required of a recipient of a
grant or contract under this section after the first
year such recipient receives funds under such grant or
contract.
[(3) Maximum.--The non-Federal share required under
this section shall not exceed 50 percent of the cost of
the activities assisted pursuant to a grant or contract
under this section.
[SEC. 3123. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.
[The Secretary, through the Office of Educational Technology,
shall conduct a study to evaluate, and report to the Congress
on, the feasibility of several alternative models for providing
sustained and adequate funding for schools throughout the
United States so that such schools are able to acquire and
maintain technology-enhanced curriculum, instruction, and
administrative support resources and services. Such report
shall be submitted to the Congress not later than one year
after the date of enactment of the Improving America's Schools
Act of 1994.
[Subpart 2--State and Local Programs for School Technology Resources
[SEC. 3131. ALLOTMENT AND REALLOTMENT.
[(a) Allotment.--
[(1) In general.--Except as provided in paragraph
(2), each State educational agency shall be eligible to
receive a grant under this subpart for a fiscal year in
an amount which bears the same relationship to the
amount made available under section 3114(a)(1)(C) for
such year as the amount such State received under part
A of title I for such year bears to the amount received
for such year under such part by all States.
[(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any
fiscal year in an amount which is less than one-half of
one percent of the amount made available under section
3115(a)(1)(C) for such year.
[(b) Reallotment of Unused Funds.--
[(1) In general.--The amount of any State educational
agency's allotment under subsection (a) for any fiscal
year which the Secretary determines will not be
required for such fiscal year to carry out this subpart
shall be available for reallotment from time to time,
on such dates during such year as the Secretary may
determine, to other State educational agencies in
proportion to the original allotments to such State
educational agencies under subsection (a) for such
year, but with such proportionate amount for any of
such other State educational agencies being reduced to
the extent such amount exceeds the sum the Secretary
estimates such State needs and will be able to use for
such year.
[(2) Other reallotments.--The total of reductions
under paragraph (1) shall be similarly reallotted among
the State educational agencies whose proportionate
amounts were not so reduced. Any amounts reallotted to
a State educational agency under this subsection during
a year shall be deemed a subpart of such agencies
allotment under subsection (a) for such year.
[SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
[(a) Grants to States.--
[(1) In general.--From amounts made available under
section 3131, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 3133.
[(2) Use of grants.--(A) Each State educational
agency receiving a grant under paragraph (1) shall use
such grant funds to award grants, on a competitive
basis, to local educational agencies to enable such
local educational agencies to carry out the activities
described in section 3134.
[(B) In awarding grants under subparagraph (A), each
State educational agency shall ensure that each such
grant is of sufficient duration, and of sufficient
size, scope, and quality, to carry out the purposes of
this part effectively.
[(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
[(1) identify the local educational agencies served
by the State educational agency that--
[(A) have the highest number or percentage of
children in poverty; and
[(B) demonstrate to such State educational
agency the greatest need for technical
assistance in developing the application under
section 3133; and
[(2) offer such technical assistance to such local
educational agencies.
[SEC. 3133. STATE APPLICATION.
[To receive funds under this subpart, each State educational
agency shall submit a statewide educational technology plan
which may include plans submitted under the Goals 2000: Educate
America Act or other statewide technology plans which meet the
requirements of this section. Such application shall be
submitted to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require. Each such application shall contain a systemic
statewide plan that--
[(1) outlines long-term strategies for financing
technology education in the State and describes how
business, industry, and other public and private
agencies, including libraries, library literacy
programs, and institutions of higher education, can
participate in the implementation, ongoing planning,
and support of the plan; and
[(2) meets such other criteria as the Secretary may
establish in order to enable such agency to provide
assistance to local educational agencies that have the
highest numbers or percentages of children in poverty
and demonstrate the greatest need for technology, in
order to enable such local educational agencies, for
the benefit of school sites served by such local
educational agencies, to carry out activities such as--
[(A) purchasing quality technology resources;
[(B) installing various linkages necessary to
acquire connectivity;
[(C) integrating technology into the
curriculum in order to improve student learning
and achievement;
[(D) providing teachers and library media
personnel with training or access to training;
[(E) providing administrative and technical
support and services that improve student
learning through enriched technology-enhanced
resources, including library media resources;
[(F) promoting in individual schools the
sharing, distribution, and application of
educational technologies with demonstrated
effectiveness;
[(G) assisting schools in promoting parent
involvement;
[(H) assisting the community in providing
literacy-related services;
[(I) establishing partnerships with private
or public educational providers or other
entities to serve the needs of children in
poverty; and
[(J) providing assurances that financial
assistance provided under this part shall
supplement, not supplant, State and local
funds.
[SEC. 3134. LOCAL USES OF FUNDS.
[Each local educational agency, to the extent possible, shall
use the funds made available under section 3132(a)(2) for--
[(1) developing, adapting, or expanding existing and
new applications of technology to support the school
reform effort;
[(2) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative
support;
[(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and
software, for use by teachers, students and school
library media personnel in the classroom or in school
library media centers, in order to improve student
learning by supporting the instructional program
offered by such agency to ensure that students in
schools will have meaningful access on a regular basis
to such linkages, resources and services;
[(4) providing ongoing professional development in
the integration of quality educational technologies
into school curriculum and long-term planning for
implementing educational technologies;
[(5) acquiring connectivity with wide area networks
for purposes of accessing information and educational
programming sources, particularly with institutions of
higher education and public libraries; and
[(6) providing educational services for adults and
families.
[SEC. 3135. LOCAL APPLICATIONS.
[Each local educational agency desiring assistance from a
State educational agency under section 3132(a)(2) shall submit
an application, consistent with the objectives of the systemic
statewide plan, to the State educational agency at such time,
in such manner and accompanied by such information as the State
educational agency may reasonably require. Such application, at
a minimum, shall--
[(1) include a strategic, long-range (three- to five-
year), plan that includes--
[(A) a description of the type of
technologies to be acquired, including specific
provisions for interoperability among
components of such technologies and, to the
extent practicable, with existing technologies;
[(B) an explanation of how the acquired
technologies will be integrated into the
curriculum to help the local educational agency
enhance teaching, training, and student
achievement;
[(C) an explanation of how programs will be
developed in collaboration with existing adult
literacy services providers to maximize the use
of such technologies;
[(D)(i) a description of how the local
educational agency will ensure ongoing,
sustained professional development for
teachers, administrators, and school library
media personnel served by the local educational
agency to further the use of technology in the
classroom or library media center; and
[(ii) a list of the source or sources of
ongoing training and technical assistance
available to schools, teachers and
administrators served by the local educational
agency, such as State technology offices,
intermediate educational support units,
regional educational laboratories or
institutions of higher education;
[(E) a description of the supporting
resources, such as services, software and print
resources, which will be acquired to ensure
successful and effective use of technologies
acquired under this section;
[(F) the projected timetable for implementing
such plan in schools;
[(G) the projected cost of technologies to be
acquired and related expenses needed to
implement such plan; and
[(H) a description of how the local
educational agency will coordinate the
technology provided pursuant to this subpart
with other grant funds available for technology
from State and local sources;
[(2) describe how the local educational agency will
involve parents, public libraries, business leaders and
community leaders in the development of such plan;
[(3) describe how the acquired instructionally based
technologies will help the local educational agency--
[(A) promote equity in education in order to
support State content standards and State
student performance standards that may be
developed; and
[(B) provide access for teachers, parents and
students to the best teaching practices and
curriculum resources through technology; and
[(4) describe a process for the ongoing evaluation of
how technologies acquired under this section--
[(A) will be integrated into the school
curriculum; and
[(B) will affect student achievement and
progress toward meeting the National Education
Goals and any challenging State content
standards and State student performance
standards that may be developed.
[(d) Formation of Consortia.--A local educational agency for
any fiscal year may apply for financial assistance as part of a
consortium with other local educational agencies, institutions
of higher education, intermediate educational units, libraries,
or other educational entities appropriate to provide local
programs. The State educational agency may assist in the
formation of consortia among local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities to
provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
[(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance
under this section has developed a comprehensive education
improvement plan, in conjunction with requirements under this
Act or the Goals 2000: Educate America Act, the State
educational agency may approve such plan, or a component of
such plan, notwithstanding the requirements of subsection (e)
if the State educational agency determines that such approval
would further the purposes of this subpart.
[SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.
[(a) Grants Authorized.--
[(1) In general.--From amounts made available under
section 3115(b)(1) for any fiscal year the Secretary is
authorized to award grants, on a competitive basis, to
consortia having applications approved under subsection
(d), which consortia shall include at least one local
educational agency with a high percentage or number of
children living below the poverty line and may include
other local educational agencies, State educational
agencies, institutions of higher education, businesses,
academic content experts, software designers, museums,
libraries, or other appropriate entities.
[(2) Duration.--Grants under this section shall be
awarded for a period of 5 years.
[(b) Use of Grants.--Grants awarded under subsection (a)
shall be used for activities similar to the activities
described in section 3134.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate in
the application submitted under subsection (d) that--
[(1) the project for which assistance is sought is
designed to serve areas with a high number or
percentage of disadvantaged students or the greatest
need for educational technology;
[(2) the project will directly benefit students by,
for example, integrating the acquired technologies into
curriculum to help the local educational agency enhance
teaching, training, and student achievement;
[(3) the project will ensure ongoing, sustained
professional development for teachers, administrators,
and school library media personnel served by the local
educational agency to further the use of technology in
the classroom or library media center;
[(4) the project will ensure successful, effective,
and sustainable use of technologies acquired under this
subsection; and
[(5) members of the consortia or other appropriate
entities will contribute substantial financial and
other resources to achieve the goals of the project.
[(d) Application.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
[SEC. 3137. FEDERAL ADMINISTRATION.
[(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs
under this subpart.
[(b) Evaluation Summary.--The Secretary shall submit to the
Congress four years after the enactment of the Improving
America's Schools Act of 1994 a summary of the State
evaluations of programs under this subpart in accordance with
the provisions of section 14701.
[Subpart 3--Regional Technical Support and Professional Development
[SEC. 3141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.
[(a) Grants Authorized.--
[(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance
with the provisions of this section, to regional
entities such as the Eisenhower Mathematics and Science
Regional Consortia under part C of title XIII, the
regional education laboratories, the comprehensive
regional assistance centers, or such other regional
entities as may be designated or established by the
Secretary. In awarding grants under this section, the
Secretary shall give priority to such consortia and
shall ensure that each geographic region of the United
States shall be served by such a consortium.
[(2) Requirements.--Each consortium receiving a grant
under this section shall--
[(A) be composed of State educational
agencies, institutions of higher education,
nonprofit organizations, or a combination
thereof;
[(B) in cooperation with State and local
educational agencies, develop a regional
program that addresses professional
development, technical assistance, and
information resource dissemination, with
special emphasis on meeting the documented
needs of educators and learners in the region;
and
[(C) foster regional cooperation and resource
and coursework sharing.
[(b) Functions.--
[(1) Technical assistance.--Each consortium receiving
a grant under this section shall, to the extent
practicable--
[(A) collaborate with State educational
agencies and local educational agencies
requesting collaboration, particularly in the
development of strategies for assisting those
schools with the highest numbers or percentages
of disadvantaged students with little or no
access to technology in the classroom;
[(B) provide information, in coordination
with information available from the Secretary,
to State educational agencies, local
educational agencies, schools and adult
education programs, on the types and features
of various educational technology equipment and
software available, evaluate and make
recommendations on equipment and software that
support the National Education Goals and are
suited for a school's particular needs, and
compile and share information regarding
creative and effective applications of
technology in the classroom and school library
media centers in order to support the purposes
of this part;
[(C) collaborate with such State educational
agencies, local educational agencies, or
schools requesting to participate in the
tailoring of software programs and other
supporting materials to meet challenging State
content standards or challenging State student
performance standards that may be developed;
and
[(D) provide technical assistance to
facilitate use of the electronic dissemination
networks by State and local educational
agencies and schools throughout the region.
[(2) Professional development.--Each consortium
receiving a grant under this section shall, to the
extent practicable--
[(A) develop and implement, in collaboration
with State educational agencies and
institutions of higher education, technology-
specific, ongoing professional development,
such as--
[(i) intensive school year and summer
workshops that use teachers, school
librarians, and school library
personnel to train other teachers,
school librarians, and other school
library media personnel; and
[(ii) distance professional
development, including--
[(I) interactive training
tele-courses using researchers,
educators, and
telecommunications personnel
who have experience in
developing, implementing, or
operating educational and
instructional technology as a
learning tool;
[(II) onsite courses teaching
teachers to use educational and
instructional technology and to
develop their own instructional
materials for effectively
incorporating technology and
programming in their own
classrooms;
[(III) methods for successful
integration of instructional
technology into the curriculum
in order to improve student
learning and achievement;
[(IV) video conferences and
seminars which offer
professional development
through peer interaction with
experts as well as other
teachers using technologies in
their classrooms; and
[(V) mobile education
technology and training
resources;
[(B) develop training resources that--
[(i) are relevant to the needs of the
region and schools within the region;
[(ii) are relevant to the needs of
adult literacy staff and volunteers,
including onsite courses on how to--
[(I) use instructional
technology; and
[(II) develop instructional
materials for adult learning;
and
[(iii) are aligned with the needs of
teachers and administrators in the
region;
[(C) establish a repository of professional
development and technical assistance resources;
[(D) identify and link technical assistance
providers to State and local educational
agencies, as needed;
[(E) ensure that training, professional
development, and technical assistance meet the
needs of educators, parents, and students
served by the region;
[(F) assist colleges and universities within
the region to develop and implement preservice
training programs for students enrolled in
teacher education programs; and
[(G) assist local educational agencies and
schools in working with community members and
parents to develop support from communities and
parents for educational technology programs and
projects.
[(3) Information and resource dissemination.--Each
consortium receiving a grant under this section shall,
to the extent practicable--
[(A) assist State and local educational
agencies in the identification and procurement
of financial, technological and human resources
needed to implement technology plans;
[(B) provide outreach and, at the request of
a State or local educational agency, work with
such agency to assist in the development and
validation of instructionally based technology
education resources; and
[(C) coordinate activities and establish
partnerships with organizations and
institutions of higher education that represent
the interests of the region as such interests
pertain to the application of technology in
teaching, learning, instructional management,
dissemination, collection and distribution of
educational statistics, and the transfer of
student information.
[(4) Coordination.--Each consortium receiving a grant
under this section shall work collaboratively, and
coordinate the services the consortium provides, with
appropriate regional and other entities assisted in
whole or in part by the Department.
[Subpart 4--Product Development
[SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
[(a) Purpose.--It is the purpose of this subpart to--
[(1) support development of curriculum-based learning
resources using state-of-the-art technologies and
techniques designed to improve student learning; and
[(2) support development of long-term comprehensive
instructional programming and associated support
resources that ensure maximum access by all educational
institutions.
[(b) Federal Assistance Authorized.--
[(1) In general.--The Secretary shall provide
assistance, on a competitive basis, to eligible
consortia to enable such entities to develop, produce,
and distribute state-of-the-art technology-enhanced
instructional resources and programming for use in the
classroom or to support professional development for
teachers.
[(2) Grants and loans authorized.--In carrying out
the purposes of this section, the Secretary is
authorized to pay the Federal share of the cost of the
development, production, and distribution of state-of-
the-art technology enhanced instructional resources and
programming--
[(A) by awarding grants to, or entering into
contracts or cooperative agreements with,
eligible consortia; or
[(B) by awarding loans to eligible consortia
which--
[(i) shall be secured in such manner
and be repaid within such period, not
exceeding 20 years, as may be
determined by the Secretary;
[(ii) shall bear interest at a rate
determined by the Secretary which shall
be not more than the total of one-
quarter of 1 percent per annum added to
the rate of interest paid by the
Secretary on funds obtained from the
Secretary of the Treasury; and
[(iii) may be forgiven by the
Secretary, in an amount not to exceed
25 percent of the total loan, under
such terms and conditions as the
Secretary may consider appropriate.
[(3) Matching requirement.--The Secretary may require
any recipient of a grant or contract under this subpart
to share in the cost of the activities assisted under
such grant or contract, which non-Federal share shall
be announced through a notice in the Federal Register
and may be in the form of cash or in-kind
contributions, fairly valued.
[(4) Eligible consortium.--For the purpose of this
subsection, the term ``eligible consortium'' means a
consortium--
[(A) that shall include--
[(i) a State or local educational
agency; and
[(ii) a business, industry, or
telecommunications entity; and
[(B) that may include--
[(i) a public or private nonprofit
organization; or
[(ii) a postsecondary institution.
[(5) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to
applications describing programs or systems that--
[(A) promote the acquisition of higher-order
thinking skills and promise to raise the
achievement levels of all students,
particularly disadvantaged students who are not
realizing their potential;
[(B) are aligned with challenging State
content standards and State and local
curriculum frameworks;
[(C) may be adapted and applied nationally at
a reasonable cost over a broad technology
platform;
[(D) convert technology resources developed
with support from the Department of Defense and
other Federal agencies for effective use in the
classroom;
[(E) show promise of reducing the costs of
providing high-quality instruction;
[(F) show promise of expanding access to
high-quality instruction in content areas which
would otherwise not be available to students in
rural and urban communities or who are served
by other educational agencies with limited
financial resources;
[(G) are developed in consultation with
classroom teachers;
[(H) are developed through consultation and
collaboration with appropriate education
entities in designing the product to ensure
relevance to the voluntary national content
standards, the voluntary national student
performance standards and State curriculum
frameworks; and
[(I) are developed so that the product can be
adapted for use by adults in need of literacy
services, including English as a second
language and preparation for a secondary school
diploma or its recognized equivalent.
[(6) Requirements for federal assistance.--Each
eligible consortium desiring Federal assistance under
this section shall submit an application to the
Secretary at such time and in such manner as the
Secretary may prescribe. Each application shall
include--
[(A) a description of how the product will
improve the achievement levels of students;
[(B) a description of how the activities
assisted under this section will promote
professional development of teachers and
administrators in the uses and applications of
the product, including the development of
training materials;
[(C) a description of design, development,
field testing, evaluation, and distribution of
products, where appropriate;
[(D) an assurance that the product shall
effectively serve a significant number or
percentage of economically disadvantaged
students;
[(E) plans for dissemination of products to a
wide audience of learners;
[(F) a description of how the product can be
adapted for use by students with disabilities
including provisions for closed captioning or
descriptive video, where appropriate;
[(G) a description of how ownership and
rights to the use and marketing of any product
developed by the consortium, including
intellectual property rights, will be allocated
among consortium participants; and
[(H) a description of the contributions,
including services and funds, to be made by
each member of the consortium, and how any
revenues derived from the sale of any product
developed by the consortium shall be
distributed.
[(c) Consumer Report.--The Secretary shall provide for the
independent evaluation of products developed under this section
and shall disseminate information about products developed
pursuant to provisions of this section to State and local
educational agencies, and other organizations or individuals
that the Secretary determines to be appropriate, through print
and electronic media that are accessible to the education
community at large.
[(d) Proceeds.--The Secretary shall not prohibit an eligible
consortium or any of the members of such consortium from
receiving financial benefits from the distribution of any
products resulting from the assistance received under this
section. Notwithstanding any other provision of law, any
profits or royalties received by a State educational agency,
local educational agency, or other nonprofit member of an
eligible consortium receiving assistance under this section
shall be used to support further development of curriculum-
based learning resources, services, and programming or to
provide access to such products for a wider
audience.
[PART B--STAR SCHOOLS PROGRAM
[SEC. 3201. SHORT TITLE.
[This part may be cited as the ``Star Schools Act''.
[SEC. 3202. FINDINGS.
[The Congress finds that--
[(1) the Star Schools program has helped to encourage
the use of distance learning strategies to serve multi-
State regions primarily by means of satellite and
broadcast television;
[(2) in general, distance learning programs have been
used effectively to provide students in small, rural,
and isolated schools with courses and instruction, such
as science and foreign language instruction, that the
local educational agency is not otherwise able to
provide; and
[(3) distance learning programs may also be used to--
[(A) provide students of all ages in all
types of schools and educational settings with
greater access to high-quality instruction in
the full range of core academic subjects that
will enable such students to meet challenging,
internationally competitive, educational
standards;
[(B) expand professional development
opportunities for teachers;
[(C) contribute to achievement of the
National Education Goals; and
[(D) expand learning opportunities for
everyone.
[SEC. 3203. PURPOSE.
[It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages as
well as other subjects, such as literacy skills and vocational
education, and to serve underserved populations, including the
disadvantaged, illiterate, limited-English proficient, and
individuals with disabilities, through a star schools program
under which grants are made to eligible telecommunication
partnerships to enable such partnerships to--
[(1) develop, construct, acquire, maintain and
operate telecommunications audio and visual facilities
and equipment;
[(2) develop and acquire educational and
instructional programming; and
[(3) obtain technical assistance for the use of such
facilities and instructional programming.
[SEC. 3204. GRANTS AUTHORIZED.
[(a) Authority.--The Secretary, through the Office of
Educational Technology, is authorized to make grants, in
accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of--
[(1) the development, construction, acquisition,
maintenance and operation of telecommunications
facilities and equipment;
[(2) the development and acquisition of live,
interactive instructional programming;
[(3) the development and acquisition of preservice
and inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, effective skill transfer, and ongoing, in-
class instruction;
[(4) the establishment of teleconferencing facilities
and resources for making interactive training available
to teachers;
[(5) obtaining technical assistance; and
[(6) the coordination of the design and connectivity
of telecommunications networks to reach the greatest
number of schools.
[(b) Duration.--
[(1) In general.--The Secretary shall award grants
pursuant to subsection (a) for a period of 5 years.
[(2) Renewal.--Grants awarded pursuant to subsection
(a) may be renewed for one additional three-year
period.
[(c) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated $35,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
[(2) Availability.--Funds appropriated pursuant to
the authority of subsection (a) shall remain available
until expended.
[(d) Limitations.--
[(1) In general.--A grant under this section shall
not exceed--
[(A) five years in duration; and
[(B) $10,000,000 in any one fiscal year.
[(2) Instructional programming.--Not less than 25
percent of the funds available to the Secretary in any
fiscal year under this part shall be used for the cost
of instructional programming.
[(3) Special rule.--Not less than 50 percent of the
funds available in any fiscal year under this part
shall be used for the cost of facilities, equipment,
teacher training or retraining, technical assistance,
or programming, for local educational agencies which
are eligible to receive assistance under part A of
title I.
[(e) Federal Share.--
[(1) In general.--The Federal share of the cost of
projects funded under this section shall not exceed--
[(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this part;
[(B) 60 percent for the third and fourth such
years; and
[(C) 50 percent for the fifth such year.
[(2) Reduction or waiver.--The Secretary may reduce
or waive the requirement of the non-Federal share under
paragraph (1) upon a showing of financial hardship.
[(f) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other Federal
departments or agencies to carry out the purposes of this
section, including funds for the purchase of equipment.
[(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency operating
a telecommunications network for educational purposes, shall
coordinate the activities assisted under this part with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
[(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
[(1) closed captioning of the verbal content of such
program, where appropriate, to be broadcast by way of
line 21 of the vertical blanking interval, or by way of
comparable successor technologies; and
[(2) descriptive video of the visual content of such
program, as appropriate.
[SEC. 3205. ELIGIBLE ENTITIES.
[(a) Eligible Entities.--
[(1) Required participation.--The Secretary may make
a grant under section 3204 to any eligible entity, if
at least one local educational agency is participating
in the proposed project.
[(2) Eligible entity.--For the purpose of this part,
the term ``eligible entity'' may include--
[(A) a public agency or corporation
established for the purpose of developing and
operating telecommunications networks to
enhance educational opportunities provided by
educational institutions, teacher training
centers, and other entities, except that any
such agency or corporation shall represent the
interests of elementary and secondary schools
that are eligible to participate in the program
under part A of title I; or
[(B) a partnership that will provide
telecommunications services and which includes
3 or more of the following entities, at least 1
of which shall be an agency described in clause
(i) or (ii):
[(i) a local educational agency that
serves a significant number of
elementary and secondary schools that
are eligible for assistance under part
A of title I, or elementary and
secondary schools operated or funded
for Indian children by the Department
of the Interior eligible under section
1121(b)(2);
[(ii) a State educational agency;
[(iii) adult and family education
programs;
[(iv) an institution of higher
education or a State higher education
agency;
[(v) a teacher training center or
academy that--
[(I) provides teacher pre-
service and in-service
training; and
[(II) receives Federal
financial assistance or has
been approved by a State
agency;
[(vi) (I) a public or private entity
with experience and expertise in the
planning and operation of a
telecommunications network, including
entities involved in telecommunications
through satellite, cable, telephone, or
computer; or
[(II) a public broadcasting entity
with such experience; or
[(vii) a public or private elementary
or secondary school.
[(b) Special Rule.--An eligible entity receiving assistance
under this part shall be organized on a statewide or multistate
basis.
[SEC. 3206. APPLICATIONS.
[(a) Applications Required.--Each eligible entity which
desires to receive a grant under section 3204 shall submit an
application to the Secretary, at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
[(b) Star School Award Applications.--Each application
submitted pursuant to subsection (a) shall--
[(1) describe how the proposed project will assist in
achieving the National Education Goals, how such
project will assist all students to have an opportunity
to learn to challenging State standards, how such
project will assist State and local educational reform
efforts, and how such project will contribute to
creating a high quality system of lifelong learning;
[(2) describe the telecommunications facilities and
equipment and technical assistance for which assistance
is sought, which may include--
[(A) the design, development, construction,
acquisition, maintenance and operation of State
or multistate educational telecommunications
networks and technology resource centers;
[(B) microwave, fiber optics, cable, and
satellite transmission equipment or any
combination thereof;
[(C) reception facilities;
[(D) satellite time;
[(E) production facilities;
[(F) other telecommunications equipment
capable of serving a wide geographic area;
[(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought,
including training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
[(H) the development of educational and
related programming for use on a
telecommunications network;
[(3) in the case of an application for assistance for
instructional programming, describe the types of
programming which will be developed to enhance
instruction and training and provide assurances that
such programming will be designed in consultation with
professionals (including classroom teachers) who are
experts in the applicable subject matter and grade
level;
[(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served
to ensure that the services offered by the eligible
entity will increase the availability of courses of
instruction in English, mathematics, science, foreign
languages, arts, history, geography, or other
disciplines;
[(5) describe the professional development policies
for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for which
assistance is sought;
[(6) describe the manner in which historically
underserved students (such as students from low-income
families, limited English proficient students, students
with disabilities, or students who have low literacy
skills) and their families, will participate in the
benefits of the telecommunications facilities,
equipment, technical assistance, and programming
assisted under this part;
[(7) describe how existing telecommunications
equipment, facilities, and services, where available,
will be used;
[(8) provide assurances that the financial interest
of the United States in the telecommunications
facilities and equipment will be protected for the
useful life of such facilities and equipment;
[(9) provide assurances that a significant portion of
any facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary and secondary schools will be made available
to schools or local educational agencies that have a
high number or percentage of children eligible to be
counted under part A of title I;
[(10) provide assurances that the applicant will use
the funds provided under this part to supplement and
not supplant funds otherwise available for the purposes
of this part;
[(11) if any member of the consortia receives
assistance under subpart 3 of part A, describe how
funds received under this part will be coordinated with
funds received for educational technology in the
classroom under such section;
[(12) describe the activities or services for which
assistance is sought, such as--
[(A) providing facilities, equipment,
training services, and technical assistance;
[(B) making programs accessible to students
with disabilities through mechanisms such as
closed captioning and descriptive video
services;
[(C) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
[(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum
areas;
[(E) providing teacher and student support
services including classroom and training
support materials which permit student and
teacher involvement in the live interactive
distance learning telecasts;
[(F) incorporating community resources such
as libraries and museums into instructional
programs;
[(G) providing professional development for
teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family
educators;
[(H) providing programs for adults to
maximize the use of telecommunications
facilities and equipment;
[(I) providing teacher training on proposed
or established voluntary national content
standards in mathematics and science and other
disciplines as such standards are developed;
and
[(J) providing parent education programs
during and after the regular school day which
reinforce a student's course of study and
actively involve parents in the learning
process;
[(13) describe how the proposed project as a whole
will be financed and how arrangements for future
financing will be developed before the project expires;
[(14) provide an assurance that a significant portion
of any facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary and secondary schools will be made available
to schools in local educational agencies that have a
high percentage of children counted for the purpose of
part A of title I;
[(15) provide an assurance that the applicant will
provide such information and cooperate in any
evaluation that the Secretary may conduct under this
part; and
[(16) include such additional assurances as the
Secretary may reasonably require.
[(c) Priorities.--The Secretary, in approving applications
for grants authorized under section 3204, shall give priority
to applications describing projects that--
[(1) propose high-quality plans to assist in
achieving one or more of the National Education Goals,
will provide instruction consistent with State content
standards, or will otherwise provide significant and
specific assistance to States and local educational
agencies undertaking systemic education reform;
[(2) will provide services to programs serving
adults, especially parents, with low levels of
literacy;
[(3) will serve schools with significant numbers of
children counted for the purposes of part A of title I;
[(4) ensure that the eligible entity will--
[(A) serve the broadest range of
institutions, programs providing instruction
outside of the school setting, programs serving
adults, especially parents, with low levels of
literacy, institutions of higher education,
teacher training centers, research institutes,
and private industry;
[(B) have substantial academic and teaching
capabilities, including the capability of
training, retraining, and inservice upgrading
of teaching skills and the capability to
provide professional development;
[(C) provide a comprehensive range of courses
for educators to teach instructional strategies
for students with different skill levels;
[(D) provide training to participating
educators in ways to integrate
telecommunications courses into existing school
curriculum;
[(E) provide instruction for students,
teachers, and parents;
[(F) serve a multistate area; and
[(G) give priority to the provision of
equipment and linkages to isolated areas; and
[(5) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or
private television stations) participating in the
eligible entity and donating equipment or in-kind
services for telecommunications linkages.
[(d) Geographic Distribution.--In approving applications for
grants authorized under section 3204, the Secretary shall, to
the extent feasible, ensure an equitable geographic
distribution of services provided under this part.
[SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.
[(a) Reservation.--From the amount appropriated pursuant to
the authority of section 3204(c)(1) in each fiscal year, the
Secretary may reserve not more than 5 percent of such amount
for national leadership, evaluation, and peer review
activities.
[(b) Method of Funding.--The Secretary may fund the
activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
[(c) Uses of Funds.--
[(1) Leadership.--Funds reserved for leadership
activities under subsection (a) may be used for--
[(A) disseminating information, including
lists and descriptions of services available
from grant recipients under this part; and
[(B) other activities designed to enhance the
quality of distance learning activities
nationwide.
[(2) Evaluation.--Funds reserved for evaluation
activities under subsection (a) may be used to conduct
independent evaluations of the activities assisted
under this part and of distance learning in general,
including--
[(A) analyses of distance learning efforts,
including such efforts that are assisted under
this part and such efforts that are not
assisted under this part; and
[(B) comparisons of the effects, including
student outcomes, of different technologies in
distance learning efforts.
[(3) Peer review.--Funds reserved for peer review
activities under subsection (a) may be used for peer
review of--
[(A) applications for grants under this part;
and
[(B) activities assisted under this part.
[SEC. 3208. DEFINITIONS.
[As used in this part--
[(1) the term ``educational institution'' means an
institution of higher education, a local educational
agency, or a State educational agency;
[(2) the term ``instructional programming'' means
courses of instruction and training courses for
elementary and secondary students, teachers, and
others, and materials for use in such instruction and
training that have been prepared in audio and visual
form on tape, disc, film, or live, and presented by
means of telecommunications devices; and
[(3) the term ``public broadcasting entity'' has the
same meaning given such term in section 397 of the
Communications Act of 1934.
[SEC. 3209. ADMINISTRATIVE PROVISIONS.
[(a) Continuing Eligibility.--
[(1) In general.--In order to be eligible to receive
a grant under section 3204 for a second 3-year grant
period an eligible entity shall demonstrate in the
application submitted pursuant to section 3206 that
such partnership shall--
[(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this part for the
previous 5-year grant period; and
[(B) use all grant funds received under this
part for the second 3-year grant period to
provide expanded services by--
[(i) increasing the number of
students, schools or school districts
served by the courses of instruction
assisted under this part in the
previous fiscal year;
[(ii) providing new courses of
instruction; and
[(iii) serving new populations of
underserved individuals, such as
children or adults who are
disadvantaged, have limited-English
proficiency, are individuals with
disabilities, are illiterate, or lack
secondary school diplomas or their
recognized equivalent.
[(2) Special rule.--Grant funds received pursuant to
paragraph (1) shall be used to supplement and not
supplant services provided by the grant recipient under
this part in the previous fiscal year.
[(b) Federal Activities.--The Secretary may assist grant
recipients under section 3204 in acquiring satellite time,
where appropriate, as economically as possible.
[SEC. 3210. OTHER ASSISTANCE.
[(a) Special Statewide Network.--
[(1) In general.--The Secretary, through the Office
of Educational Technology, may provide assistance to a
statewide telecommunications network under this
subsection if such network--
[(A) provides 2-way full motion interactive
video and audio communications;
[(B) links together public colleges and
universities and secondary schools throughout
the State; and
[(C) meets any other requirements determined
appropriate by the Secretary.
[(2) State contribution.--A statewide
telecommunications network assisted under paragraph (1)
shall contribute, either directly or through private
contributions, non-Federal funds equal to not less than
50 percent of the cost of such network.
[(b) Special Local Network.--
[(1) In general.--The Secretary may provide
assistance, on a competitive basis, to a local
educational agency or consortium thereof to enable such
agency or consortium to establish a high technology
demonstration program.
[(2) Program requirements.--A high technology
demonstration program assisted under paragraph (1)
shall--
[(A) include 2-way full motion interactive
video, audio and text communications;
[(B) link together elementary and secondary
schools, colleges, and universities;
[(C) provide parent participation and family
programs;
[(D) include a staff development program; and
[(E) have a significant contribution and
participation from business and industry.
[(3) Special rule.--Each high technology
demonstration program assisted under paragraph (1)
shall be of sufficient size and scope to have an effect
on meeting the National Education Goals.
[(4) Matching requirement.--A local educational
agency or consortium receiving a grant under paragraph
(1) shall provide, either directly or through private
contributions, non-Federal matching funds equal to not
less than 50 percent of the amount of the grant.
[(c) Telecommunications Programs for Continuing Education.--
[(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
enable such partnerships to develop and operate one or
more programs which provide on-line access to
educational resources in support of continuing
education and curriculum requirements relevant to
achieving a secondary school diploma or its recognized
equivalent. The program authorized by this section
shall be designed to advance adult literacy, secondary
school completion and the acquisition of specified
competency by the end of the 12th grade, as envisioned
by the Goals 2000: Educate America Act.
[(2) Application.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary. Each such application shall--
[(A) demonstrate that the applicant will use
publicly funded or free public
telecommunications infrastructure to deliver
video, voice and data in an integrated service
to support and assist in the acquisition of a
secondary school diploma or its recognized
equivalent;
[(B) assure that the content of the materials
to be delivered is consistent with the
accreditation requirements of the State for
which such materials are used;
[(C) incorporate, to the extent feasible,
materials developed in the Federal departments
and agencies and under appropriate federally
funded projects and programs;
[(D) assure that the applicant has the
technological and substantive experience to
carry out the program; and
[(E) contain such additional assurances as
the Secretary may reasonably require.
[PART C--READY-TO-LEARN TELEVISION
[SEC. 3301. READY-TO-LEARN.
[(a) In General.--The Secretary is authorized to award grants
to or enter into contracts or cooperative agreements with
eligible entities described in section 3302(b) to develop,
produce, and distribute educational and instructional video
programming for preschool and elementary school children and
their parents in order to facilitate the achievement of the
National Education Goals.
[(b) Availability.--In making such grants, contracts, or
cooperative agreements, the Secretary shall ensure that
recipients make programming widely available with support
materials as appropriate to young children, their parents,
child care workers, and Head Start providers to increase the
effective use of such programming.
[SEC. 3302. EDUCATIONAL PROGRAMMING.
[(a) Awards.--The Secretary shall award grants, contracts, or
cooperative agreements to eligible entities to--
[(1) facilitate the development directly or through
contracts with producers of children and family
educational television programming, educational
programming for preschool and elementary school
children, and accompanying support materials and
services that promote the effective use of such
programming; and
[(2) enable such entities to contract with entities
(such as public telecommunications entities and those
funded under the Star Schools Act) so that programs
developed under this section are disseminated and
distributed to the widest possible audience appropriate
to be served by the programming by the most appropriate
distribution technologies.
[(b) Eligible Entities.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an
entity shall be--
[(1) a nonprofit entity (including a public
telecommunications entity) able to demonstrate a
capacity for the development and distribution of
educational and instructional television programming of
high quality for preschool and elementary school
children; and
[(2) able to demonstrate a capacity to contract with
the producers of children's television programming for
the purpose of developing educational television
programming of high quality for preschool and
elementary school children.
[(c) Cultural Experiences.--Programming developed under this
section shall reflect the recognition of diverse cultural
experiences and the needs and experiences of both boys and
girls in engaging and preparing young children for schooling.
[SEC. 3303. DUTIES OF SECRETARY.
[The Secretary is authorized--
[(1) to establish and administer a Special Projects
of National Significance program to award grants,
contracts, or cooperative agreements to public and
nonprofit private entities, or local public television
stations or such public television stations that are
part of a consortium with one or more State educational
agencies, local educational agencies, local schools,
institutions of higher education, or community-based
organizations of demonstrated effectiveness, for the
purpose of--
[(A) addressing the learning needs of young
children in limited English proficient
households, and developing appropriate
educational and instructional television
programming to foster the school readiness of
such children;
[(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching
their children and utilizing educational
television programming to promote school
readiness; and
[(C) identifying, supporting, and enhancing
the effective use and outreach of innovative
programs that promote school readiness;
[(2) to establish within the Department a
clearinghouse to compile and provide information,
referrals and model program materials and programming
obtained or developed under this part to parents, child
care providers, and other appropriate individuals or
entities to assist such individuals and entities in
accessing programs and projects under this part; and
[(3) to develop and disseminate training materials,
including--
[(A) interactive programs and programs
adaptable to distance learning technologies
that are designed to enhance knowledge of
children's social and cognitive skill
development and positive adult-child
interactions; and
[(B) support materials to promote the
effective use of materials developed under
paragraph (2);
among parents, Head Start providers, in-home and center
based day care providers, early childhood development
personnel, and elementary school teachers, public
libraries, and after school program personnel caring
for preschool and elementary school children;
[(4) coordinate activities with the Secretary of
Health and Human Services in order to--
[(A) maximize the utilization of quality
educational programming by preschool and
elementary school children, and make such
programming widely available to federally
funded programs serving such populations; and
[(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood
development, including Head Start, Even Start,
and State training activities funded under the
Child Care Development Block Grant Act of 1990
regarding the availability and utilization of
materials developed under paragraph (3) to
enhance parent and child care provider skills
in early childhood development and education.
[SEC. 3304. APPLICATIONS.
[Each eligible entity desiring a grant, contract, or
cooperative agreement under section 3301 or 3303 shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
[SEC. 3305. REPORTS AND EVALUATION.
[(a) Annual Report to Secretary.--An entity receiving funds
under section 3301 shall prepare and submit to the Secretary an
annual report which contains such information as the Secretary
may require. At a minimum, the report shall describe the
program activities undertaken with funds received under this
section, including--
[(1) the programming that has been developed directly
or indirectly by the entity, and the target population
of the programs developed;
[(2) the support materials that have been developed
to accompany the programming, and the method by which
such materials are distributed to consumers and users
of the programming;
[(3) the means by which programming developed under
this section has been distributed, including the
distance learning technologies that have been utilized
to make programming available and the geographic
distribution achieved through such technologies; and
[(4) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-
Federal support for the development and distribution
and broadcast of educational and instructional
programming.
[(b) Report to Congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual report
which includes--
[(1) a summary of the information made available
under section 3302(a); and
[(2) a description of the training materials made
available under section 3303(3), the manner in which
outreach has been conducted to inform parents and child
care providers of the availability of such materials,
and the manner in which such materials have been
distributed in accordance with such section.
[SEC. 3306. ADMINISTRATIVE COSTS.
[With respect to the implementation of section 3302, entities
receiving a grant, contract, or cooperative agreement from the
Secretary may use not more than 5 percent of the amounts
received under such section for the normal and customary
expenses of administering the grant, contract, or cooperative
agreement.
[SEC. 3307. DEFINITION.
[For the purposes of this part, the term ``distance
learning'' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
[SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out this part, $30,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding fiscal
years. Not less than 60 percent of the amounts appropriated
under this subsection for each fiscal year shall be used to
carry out section 3302.
[(b) Special Projects.--Of the amount appropriated under
subsection (b) for each fiscal year, at least 10 percent of
such amount shall be used for each such fiscal year for
activities under section 3303(1)(C).
[PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS
[SEC. 3401. PROJECT AUTHORIZED.
[The Secretary is authorized to make grants to a nonprofit
telecommunications entity, or partnership of such entities, for
the purpose of carrying out a national telecommunications-based
demonstration project to improve the teaching of mathematics.
The demonstration project authorized by this part shall be
designed to assist elementary and secondary school teachers in
preparing all students for achieving State content standards.
[SEC. 3402. APPLICATION REQUIRED.
[(a) In General.--Each nonprofit telecommunications entity,
or partnership of such entities, desiring a grant under this
part shall submit an application to the Secretary. Each such
application shall--
[(1) demonstrate that the applicant will use the
existing publicly funded telecommunications
infrastructure to deliver video, voice and data in an
integrated service to train teachers in the use of new
standards-based curricula materials and learning
technologies;
[(2) assure that the project for which assistance is
sought will be conducted in cooperation with
appropriate State educational agencies, local
educational agencies, State or local nonprofit public
telecommunications entities, and a national mathematics
education professional association that has developed
content standards;
[(3) assure that a significant portion of the
benefits available for elementary and secondary schools
from the project for which assistance is sought will be
available to schools of local educational agencies
which have a high percentage of children counted for
the purpose of part A of title I; and
[(4) contain such additional assurances as the
Secretary may reasonably require.
[(b) Approval of Applications; Number of Demonstration
Sites.--In approving applications under this section, the
Secretary shall assure that the demonstration project
authorized by this part is conducted at elementary and
secondary school sites in at least 15 States.
[SEC. 3403. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part, $5,000,000 for the fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years.
[PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
[SEC. 3501. SHORT TITLE.
[This part may be cited as the ``Elementary Mathematics and
Science Equipment Act''.
[SEC. 3502. STATEMENT OF PURPOSE.
[It is the purpose of this part to raise the quality of
instruction in mathematics and science in the Nation's
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to State
and local educational agencies.
[SEC. 3503. PROGRAM AUTHORIZED.
[The Secretary is authorized to make allotments to State
educational agencies under section 3504 to enable such agencies
to award grants to local educational agencies for the purpose
of providing equipment and materials to elementary schools to
improve mathematics and science education in such schools.
[SEC. 3504. ALLOTMENTS OF FUNDS.
[(a) In General.--From the amount appropriated under section
3509 for any fiscal year, the Secretary shall reserve--
[(1) not more than one-half of 1 percent for
allotment among Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands according to
their respective needs for assistance under this part;
and
[(2) one-half of 1 percent for programs for Indian
students served by schools funded by the Secretary of
the Interior which are consistent with the purposes of
this part.
[(b) Allotment.--
[(1) In general.--The remainder of the amount so
appropriated (after meeting requirements in subsection
(a)) shall be allotted among State educational agencies
so that--
[(A) one-half of such remainder shall be
distributed by allotting to each State
educational agency an amount which bears the
same ratio to such one-half of such remainder
as the number of children aged 5 to 17,
inclusive, in the State bears to the number of
such children in all States; and
[(B) one-half of such remainder shall be
distributed according to each State's share of
allocations under part A of title I.
[(2) Minimum.--Except as provided in paragraph (3),
no State educational agency shall receive an allotment
under this subsection for any fiscal year in an amount
that is--
[(A) less than one-half of 1 percent of the
amount made available under this subsection for
such fiscal year; or
[(B) less than the amount allotted to such
State for fiscal year 1988 under title II of
the Education for Economic Security Act.
[(3) Ratable reductions.--(A) If the sums made
available under this part for any fiscal year are
insufficient to pay the full amounts that all State
educational agencies are eligible to receive under
paragraph (2)(B) for such year, the Secretary shall
ratably reduce the allotment to such agencies for such
year.
[(B) If additional funds become available for making
payments under paragraph (2)(B) for such fiscal year,
allotments that were reduced under subparagraph (A)
shall be increased on the same basis as such allotments
were reduced.
[(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any
fiscal year to carry out this part which the Secretary
determines will not be required for that fiscal year to carry
out this part shall be available for reallotment from time to
time, on such dates during that year as the Secretary may
determine, to other State educational agencies in proportion to
the original allotments to those State educational agencies
under subsection (b) for that year but with such proportionate
amount for any of those other State educational agencies being
reduced to the extent it exceeds the sum the Secretary
estimates that the State educational agency needs and will be
able to use for that year, and the total of those reductions
shall be similarly reallotted among the State educational
agencies whose proportionate amounts were not so reduced. Any
amounts reallotted to a State educational agency under this
subsection during a year shall be deemed a part of the State
educational agency's allotment under subsection (b) for that
year.
[(d) Definition.--For the purposes of this part the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
[(e) Data.--The number of children aged 5 to 17, inclusive,
in the State and in all States shall be determined by the
Secretary on the basis of the most recent satisfactory data
available to the Secretary.
[SEC. 3505. STATE APPLICATION.
[(a) Application.--Each State educational agency desiring to
receive an allotment under this part shall file an application
with the Secretary which covers a period of 5 fiscal years.
Such application shall be filed at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
[(b) Contents of Application.--Each application described in
subsection (a) shall--
[(1) provide assurances that--
[(A) the State educational agency shall use
the allotment provided under this part to award
grants to local educational agencies within the
State to enable such local educational agencies
to provide assistance to schools served by such
agency to carry out the purpose of this part;
[(B) the State educational agency will
provide such fiscal control and funds
accounting as the Secretary may require;
[(C) every public elementary school in the
State is eligible to receive assistance under
this part once over the 5-year duration of the
program assisted under this part;
[(D) funds provided under this part will
supplement, not supplant, State and local funds
made available for activities authorized under
this part;
[(E) during the 5-year period described in
the application, the State educational agency
will evaluate its standards and programs for
teacher preparation and inservice professional
development for elementary mathematics and
science;
[(F) the State educational agency will take
into account the needs for greater access to
and participation in mathematics and science by
students and teachers from historically
underrepresented groups, including females,
minorities, individuals with limited English
proficiency, the economically disadvantaged,
and individuals with disabilities; and
[(G) that the needs of teachers and students
in areas with high concentrations of low-income
students and sparsely populated areas will be
given priority in awarding assistance under
this part;
[(2) provide, if appropriate, a description of how
funds paid under this part will be coordinated with
State and local funds and other Federal resources,
particularly with respect to programs for the
professional development and inservice training of
elementary school teachers in science and mathematics;
and
[(3) describe procedures--
[(A) for submitting applications for programs
described in section 3506 for distribution of
assistance under this part within the State;
and
[(B) for approval of applications by the
State educational agency, including appropriate
procedures to assure that such agency will not
disapprove an application without notice and
opportunity for a hearing.
[(c) State Administration.--Not more than 5 percent of the
funds allotted to each State educational agency under this part
shall be used for the administrative costs of such agency
associated with carrying out the program assisted under this
part.
[SEC. 3506. LOCAL APPLICATION.
[(a) Application.--A local educational agency that desires to
receive a grant under this part shall submit an application to
the State educational agency. Each such application shall
contain assurances that each school served by the local
educational agency shall be eligible for assistance under this
part only once.
[(b) Contents of Application.--Each application described in
subsection (a) shall--
[(1) describe how the local educational agency plans
to set priorities on the use and distribution among
schools of grant funds received under this part to meet
the purpose of this part;
[(2) include assurances that the local educational
agency has made every effort to match on a dollar-for-
dollar basis from private or public sources the funds
received under this part, except that no such
application shall be penalized or denied assistance
under this part based on failure to provide such
matching funds;
[(3) describe, if applicable, how funds under this
part will be coordinated with State, local, and other
Federal resources, especially with respect to programs
for the professional development and inservice training
of elementary school teachers in science and
mathematics; and
[(4) describe the process which will be used to
determine different levels of assistance to be awarded
to schools with different needs.
[(c) Priority.--In awarding grants under this part, the State
educational agency shall give priority to applications that--
[(1) assign highest priority to providing assistance
to schools which--
[(A) are most seriously underequipped; or
[(B) serve large numbers or percentages of
economically disadvantaged students;
[(2) are attentive to the needs of underrepresented
groups in science and mathematics;
[(3) demonstrate how science and mathematics
equipment will be part of a comprehensive plan of
curriculum planning or implementation and teacher
training supporting hands-on laboratory activities; and
[(4) assign priority to providing equipment and
materials for students in grades 1 through 6.
[SEC. 3507. PROGRAM REQUIREMENTS.
[(a) Coordination.--Each State educational agency receiving
an allotment under this part shall--
[(1) disseminate information to school districts and
schools, including private nonprofit elementary
schools, regarding the program assisted under this
part;
[(2) evaluate applications of local educational
agencies;
[(3) award grants to local educational agencies based
on the priorities described in section 3506(c); and
[(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
[(b) Limitations on Use of Funds.--
[(1) In general.--Except as provided in paragraph
(2), grant funds and matching funds under this part
only shall be used to purchase science equipment,
science materials, or mathematical manipulative
materials and shall not be used for computers, computer
peripherals, software, textbooks, or staff development
costs.
[(2) Capital improvements.--Grant funds under this
part may not be used for capital improvements. Not more
than 50 percent of any matching funds provided by the
local educational agency may be used for capital
improvements of classroom science facilities to support
the hands-on instruction that this part is intended to
support, such as the installation of electrical
outlets, plumbing, lab tables or counters, or
ventilation mechanisms.
[SEC. 3508. FEDERAL ADMINISTRATION.
[(a) Technical Assistance and Evaluation Procedures.--The
Secretary shall provide technical assistance and, in
consultation with State and local representatives of the
program assisted under this part, shall develop procedures for
State and local evaluations of the programs assisted under this
part.
[(b) Report.--The Secretary shall report to the Congress each
year on the program assisted under this part in accordance with
section 10701.
[SEC. 3509. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $30,000,000 for
fiscal year 1995, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out this part.
[PART F--LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS]
TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION
PART A--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT CHILDREN
Subpart 1--English Language and Academic Instructional Programs
SEC. 3101. SHORT TITLE.
This subpart may be cited as the ``English Language
Proficiency and Academic Achievement Act''.
SEC. 3102. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) English is the common language of the United
States and every citizen and other person residing in
the United States should have a command of the English
language in order to develop to their full potential.
(2) Limited English proficient children, including
recent immigrant children, must overcome a number of
challenges in receiving an education in order to
participate fully in American society, including--
(A) segregated educational programs;
(B) disproportionate and improper placement
in special education and other special programs
due to the use of inappropriate evaluation
procedures;
(C) the limited English proficiency of their
parents, which hinders the parents' ability to
fully participate in the education of their
children; and
(D) a need for additional teachers and other
staff who are professionally trained and
qualified to serve such children.
(3) States and local educational agencies need
assistance in developing the capacity to provide
programs of instruction that offer and provide an equal
educational opportunity to children who need special
assistance because English is not their dominant
language.
(4) Since 1979, the number of limited English
proficient children attending school in the United
States has more than doubled to greater than 4,000,000,
and demographic trends indicate the population of
limited English proficient children will continue to
increase.
(5) Native Americans, including native residents of
the outlying areas, and Native American languages (as
such terms are defined in section 103 of the Native
American Languages Act) have a unique status under
Federal law that requires special policies within the
broad purposes of this part to serve the educational
needs of language minority students in the United
States.
(6) Research, evaluation, and data collection
capabilities in the field of instruction for limited
English proficient children need to be strengthened so
that educators and other staff teaching limited English
proficient children in the classroom can better
identify and promote programs, program implementation
strategies, and instructional practices that result in
the effective education of limited English proficient
children.
(7) The Federal Government has a special and
continuing obligation to ensure that States and local
educational agencies provide children of limited
English proficiency the same educational opportunities
afforded other children.
(b) Purposes.--The purposes of this part are--
(1) to help ensure that children who are limited
English proficient, including recent immigrant
children, attain English proficiency, develop high
levels of academic attainment in English, and meet the
same challenging State academic content standards and
challenging State student academic achievement
standards expected of all children;
(2) to develop high-quality programs designed to
assist local educational agencies in teaching limited
English proficient children;
(3) to assist local educational agencies to develop
and enhance their capacity to provide high-quality
instructional programs designed to prepare limited
English proficient students, including recent immigrant
students, to enter all-English instructional settings
within 3 years; and
(4) to provide State educational agencies and local
educational agencies with the flexibility to implement
instructional programs, tied to scientifically based
reading research and sound research and theory on
teaching limited English proficient children, that the
agencies believe to be the most effective for teaching
English.
SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE
INSTRUCTION.
(a) Notification.--If a local educational agency uses funds
under this subpart to provide English language instruction to
limited English proficient children, the agency shall inform a
parent or the parents of a child participating in an English
language instruction program for limited English proficient
children assisted under this subpart of--
(1) the reasons for the identification of the child
as being in need of English language instruction;
(2) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
(3) how the English language instruction program will
specifically help the child acquire English and meet
age-appropriate standards for grade promotion and
graduation;
(4) what the specific exit requirements are for the
program;
(5) the expected rate of transition from the program
into a classroom that is not tailored for limited
English proficient children; and
(6) the expected rate of graduation from high school
for the program if funds under this subpart are used
for children in secondary schools.
(b) Consent.--
(1) Agency requirements.--
(A) Informed consent.--For a child who has
been identified as limited English proficient
prior to the beginning of the school year, each
local educational agency that receives funds
under this subpart shall make a reasonable and
substantial effort to obtain informed parental
consent prior to the placement of a child in an
English language instruction program for
limited English proficient children funded
under this subpart, if the program does not
include classes which exclusively or almost
exclusively use the English language in
instruction.
(B) Written consent not obtained.--
(i) In general.--If written consent
is not obtained, the local educational
agency shall maintain a written record
that includes the date and the manner
in which such informed consent was
sought, including the specific efforts
made to obtain such consent.
(ii) Proof of effort.--Notice, in an
understandable form, of specific
efforts made to obtain written consent
and a copy of the written record
described in clause (i) shall be mailed
or delivered in writing to a parent or
the parents of a child prior to placing
the child in a program described in
subparagraph (A), and shall include a
final request for parental consent for
such services. After such notice has
been mailed or delivered in writing,
the local educational agency shall
provide appropriate educational
services.
(iii) Special rule applicable during
school year.--For those children who
have not been identified as limited
English proficient prior to the
beginning of the school year, the local
educational agency shall make a
reasonable and substantial effort to
obtain parental consent under this
clause. For such children, the agency
shall document, in writing, its
specific efforts to obtain such consent
prior to placing the child in a program
described in subparagraph (A). After
such documentation has been made, the
local educational agency shall provide
appropriate educational services to
such child. The proof of documentation
shall be mailed or delivered in writing
to a parent or the parents of the child
in a timely manner and shall include
information on how to have their child
immediately removed from the program
upon their request. Nothing in this
clause shall be construed as exempting
a local educational agency from
complying with the notification
requirements of subsection (a) and the
consent requirements of this paragraph.
(2) Parental rights.--A parent or the parents of a
child participating in an English language instruction
program for limited English proficient children
assisted under this subpart--
(A) shall select among methods of
instruction, if more than one method is offered
in the program; and
(B) shall have the right to have their child
immediately removed from the program upon their
request.
(c) Receipt of Information.--A parent or the parents of a
child identified for participation in an English language
instruction program for limited English proficient children
assisted under this subpart shall receive, in a manner and form
understandable to the parent or parents, the information
required by this subsection. At a minimum, the parent or
parents shall receive--
(1) timely information about English language
instruction programs for limited English proficient
children assisted under this part;
(2) if a parent or the parents of a participating
child so desire, notice of opportunities for regular
meetings for the purpose of formulating and responding
to recommendations from the parent or parents; and
(3) procedural information for removing a child from
a program for limited English proficient children.
(d) Basis for Admission or Exclusion.--Students shall not be
admitted to, or excluded from, any federally assisted education
program on the basis of a surname or language-minority status.
SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN.
(a) In General.--Assessments of limited English proficient
children participating in programs funded under this subpart,
to the extent practicable, shall be in the language and form
most likely to yield accurate and reliable information on what
such students know and can do in content areas.
(b) Special Rule.--Notwithstanding subsection (a), in the
case of an assessment of reading or language arts of any
student who has attended school in the United States (excluding
Puerto Rico) for 3 or more consecutive school years, the
assessment shall be in the form of a test written in English,
except that, if the entity administering the assessment
determines, on a case-by-case individual basis, that
assessments in another language or form would likely yield more
accurate and reliable information on what such student knows
and can do, the entity may assess such student in such language
or form for 1 additional year.
SEC. 3105. FORMULA GRANTS TO STATES.
(a) In General.--In the case of each State that in accordance
with section 3107 submits to the Secretary an application for a
fiscal year, the Secretary shall make a grant for the year to
the State for the purposes specified in subsection (b). The
grant shall consist of the allotment determined for the State
under subsection (c).
(b) Purposes of Grants.--
(1) Required expenditures.--The Secretary may make a
grant under subsection (a) only if the State involved
agrees that the State will expend at least 95 percent
of its allotment under subsection (c) for the purpose
of making subgrants to eligible entities to provide
assistance to limited English proficient children in
accordance with sections 3108 and 3109.
(2) Authorized expenditures.--Subject to paragraph
(3), a State that receives a grant under subsection (a)
may expend not more than 5 percent of its allotment
under subsection (c) for one or more of the following
purposes:
(A) Carrying out--
(i) professional development
activities, and other activities, that
assist personnel in meeting State and
local certification requirements for
teaching limited English proficient
children; and
(ii) other activities that provide
such personnel with the skills and
knowledge necessary to educate limited
English proficient children.
(B) Providing scholarships and fellowships to
students who agree to teach limited English
proficient children once they graduate.
(C) Planning, administration, and interagency
coordination related to the subgrants referred
to in paragraph (1).
(D) Providing technical assistance and other
forms of assistance to local educational
agencies that--
(i) educate limited English
proficient children; and
(ii) are not receiving a subgrant
from a State under this subpart.
(E) Providing bonuses to subgrantees whose
performance has been exceptional in terms of
the speed with which children enrolled in the
subgrantee's programs and activities attain
English language proficiency and meet
challenging State academic content standards
and challenging State student academic
achievement standards.
(3) Limitation on administrative costs.--In carrying
out paragraph (2), a State that receives a grant under
subsection (a) may expend not more than 2 percent of
its allotment under subsection (c) for the purposes
described in paragraph (2)(C).
(c) Determination of Allotment Amounts.--
(1) Reservations.--From the amount appropriated under
section 3110 to carry out this subpart for each fiscal
year, the Secretary shall reserve--
(A) .5 percent of such amount for payments to
entities that are considered to be local
educational agencies under section 3106(a) for
activities approved by the Secretary;
(B) .5 percent of such amount for payments to
outlying areas, to be allotted in accordance
with their respective needs for assistance
under this subpart, as determined by the
Secretary, for activities, approved by the
Secretary, consistent with this part; and
(C) \1/2\ of 1 percent of such amount for
evaluation of the programs under this part and
for dissemination of best practices.
(2) Continuation awards.--Before making awards to
States under paragraph (3) for any fiscal year, the
Secretary shall make continuation awards to recipients
of grants under subpart 1 of part A of the Bilingual
Education Act, as that Act was in effect on the day
before the effective date of the No Child Left Behind
Act of 2001, in order to allow such recipients to
continue to receive funds in accordance with the terms
of their grant until the date on which the grant period
otherwise would have terminated if the No Child Left
Behind Act of 2001 had not been enacted.
(3) State allotments.--
(A) In general.--From the amount appropriated
under section 3110 to carry out this subpart
for each fiscal year that remains after
carrying out paragraphs (1) and (2), the
Secretary shall allot to each of the 50 States,
the District of Columbia, and the Commonwealth
of Puerto Rico an amount which bears the same
ratio to such amount as the total number of
children and youth who are limited English
proficient and who reside in such State bears
to the total number of such children and youth
residing in all such States that, in accordance
with section 3107, submit to the Secretary an
application for the year.
(B) Reallotment.--
(i) In general.--If any State
described in subparagraph (A) does not
submit to the Secretary an application
for a fiscal year, or submits an
application (or any modification to an
application) that the Secretary, after
reasonable notice and opportunity for a
hearing, determines does not satisfy
the requirements of this subpart, the
Secretary--
(I) shall endeavor to make
the State's allotment available
on a competitive basis to
specially qualified agencies
within the State that satisfy
the requirements applicable to
eligible entities under section
3108 and any additional
requirements that may be
imposed by the Secretary; and
(II) shall reallot any
portion of such allotment
remaining after the application
of subclause (I) to the
remaining States in accordance
with subparagraph (A).
(ii) Requirements on specially
qualified agencies.--If a specially
qualified agency receives funds under
this subparagraph, the requirements of
subsection (b) shall not apply to the
agency. In lieu of those requirements,
the specially qualified agency shall
expend the funds for the authorized
activities described in section 3108(b)
and otherwise shall satisfy the
requirements of section 3108.
(C) Special rule for puerto rico.--The total
amount allotted to Puerto Rico for any fiscal
year under subparagraph (A) shall not exceed .5
percent of the total amount allotted to all
States for that fiscal year.
(4) Use of data for determinations.--
(A) In general.--Except as provided in
subparagraph (B), for the purpose of
determining the number of children and youth
who are limited English proficient and reside
in a State and in all States for each fiscal
year, the Secretary shall use the most recent
satisfactory data available from the Bureau of
the Census and the American Community Survey
available from the Department of Commerce.
(B) Exception.--If the data described in
subparagraph (A) are more than 4 years old or
unavailable, the Secretary shall use the most
recent satisfactory data provided by the
States, such as enrollment data and data that
reflect the number of students taking the
English proficiency assessments in the States.
(5) No reduction permitted based on teaching
method.--The Secretary may not reduce a State's
allotment based on the State's selection of any method
of instruction as its preferred method of teaching the
English language to children who are limited English
proficient.
SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by elementary,
secondary, and postsecondary schools operated predominately for
Native American or Alaska Native children, the following shall
be considered to be a local educational agency:
(1) An Indian tribe.
(2) A tribally sanctioned educational authority.
(3) A Native Hawaiian or Native American Pacific
Islander native language educational organization.
(4) An elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs, or
a consortium of such schools.
(5) An elementary or secondary school operated under
a contract with or grant from the Bureau of Indian
Affairs, in consortium with another such school or a
tribal or community organization.
(6) An elementary or secondary school operated by the
Bureau of Indian Affairs and an institution of higher
education, in consortium with an elementary or
secondary school operated under a contract with or
grant from the Bureau of Indian Affairs or a tribal or
community organization.
(b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, an entity
that is considered to be a local educational agency under
subsection (a), and that desires to submit an application for
Federal financial assistance under this subpart, shall submit
the application to the Secretary. In all other respects, such
an entity shall be eligible for a subgrant under this subpart
on the same basis as any other local educational agency.
SEC. 3107. APPLICATIONS BY STATES.
For purposes of section 3105, an application submitted by a
State for a grant under such section for a fiscal year is in
accordance with this section if the application--
(1) describes the process that the State will use in
making competitive subgrants to eligible entities under
section 3109(c);
(2) contains an agreement that, in carrying out this
subpart, the State will address the needs of school
systems of all sizes and in all geographic areas,
including rural and urban schools;
(3) contains an agreement that competitive subgrants
to eligible entities under section 3109(c) shall be of
sufficient size and scope to allow such entities to
carry out high quality education programs for limited
English proficient children;
(4) contains an agreement that the State will
coordinate its programs and activities under this
subpart with its other programs and activities under
this Act and other Acts, as appropriate;
(5) contains an agreement that the State--
(A) shall monitor the progress of students
enrolled in programs and activities receiving
assistance under this subpart in attaining
English proficiency and in attaining
challenging State academic content standards
and challenging State student academic
achievement standards;
(B) shall establish standards and benchmarks
for English language development that are
aligned with State academic content and
achievement standards; and
(C) will ensure that eligible entities comply
with section 3104 to annually test children in
English who have been in the United States for
3 or more consecutive years;
(6) contains an assurance that the State will develop
high-quality annual assessments to measure English
language proficiency and require eligible entities
receiving a subgrant under this subpart annually to
assess the English proficiency of all children with
limited English proficiency participating in a program
funded under this subpart;
(7) contains an agreement that the State will develop
annual performance objectives for raising the level of
English proficiency of each limited English proficient
student, and that these objectives shall include
percentage increases in performance on annual
assessments in reading, writing, speaking, and
listening comprehension as compared to the preceding
school year; and
(8) contains an agreement that the State will require
eligible entities receiving a subgrant under this
subpart to use the subgrant in ways that will build
such recipient's capacity to continue to offer high-
quality English language instruction and programs which
assist limited English proficient children in attaining
challenging State academic content standards and
challenging State student academic achievement
standards once assistance under this subpart is no
longer available.
SEC. 3108. SUBGRANTS TO ELIGIBLE ENTITIES.
(a) Purposes of Subgrants.--A State may make a subgrant to an
eligible entity from funds received by the State under this
subpart only if the entity agrees to expend the funds to
improve the education of limited English proficient children
and their families, through the acquisition of English and the
attainment of challenging State academic content standards and
challenging State student academic achievement standards, using
approaches and methodologies based on scientifically based
reading research and sound research and theory on teaching
limited English proficient children, by--
(1) developing and implementing new English language
and academic content instructional programs for
children who are limited English proficient, including
programs of early childhood education and kindergarten
through 12th grade education;
(2) carrying out highly focused, innovative, locally
designed projects to expand or enhance existing English
language and academic content instruction programs for
limited English proficient children;
(3) implementing, within an individual school,
schoolwide programs for restructuring, reforming, and
upgrading all relevant programs and operations relating
to English language and academic content instruction
for limited English proficient students; or
(4) implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant
programs and operations relating to English language
and academic content instruction for limited English
proficient students.
(b) Authorized Subgrantee Activities.--
(1) In general.--Subject to paragraph (2), a State
may make a subgrant to an eligible entity from funds
received by the State under this subpart in order that
the eligible entity may achieve one of the purposes
described in subsection (a) by undertaking one or more
of the following activities to improve the
understanding, and use, of the English language, based
on a child's learning skills and attainment of
challenging State academic content standards and
challenging State student academic achievement
standards:
(A) Upgrading program objectives and
effective instructional strategies.
(B) Improving the instruction program for
limited English proficient students by
identifying, acquiring, and upgrading
curricula, instructional materials, educational
software, and assessment procedures.
(C) Providing--
(i) tutorials and academic or
vocational education for limited
English proficient children; and
(ii) intensified instruction.
(D) Developing and implementing elementary or
secondary school English language instructional
programs that are coordinated with other
relevant programs and services.
(E) Providing professional development to
classroom teachers, principals, administrators,
and other school or community-based
organizational personnel to improve the
instruction and assessment of children who are
limited English proficient children.
(F) Improving the English language
proficiency and academic performance of limited
English proficient children.
(G) Improving the instruction of limited
English proficient children by providing for
the acquisition or development of education
technology or instructional materials, access
to and participation in electronic networks for
materials, training and communications, and
incorporation of such resources in curricula
and programs, such as those funded under this
subpart.
(H) Developing tutoring programs for limited
English proficient children that provide early
intervention and intensive instruction in order
to improve academic achievement, to increase
graduation rates among limited English
proficient children, and to prepare students
for transition as soon as possible into
classrooms where instruction is not tailored
for limited English proficient children.
(I) Providing family literacy services and
parent outreach and training activities to
limited English proficient children and their
families to improve their English language
skills and assist parents in helping their
children to improve their academic performance.
(J) Other activities that are consistent with
the purposes of this part.
(2) Moving children out of specialized classrooms.--
Any program or activity undertaken by an eligible
entity using a subgrant from a State under this subpart
shall be designed to assist students enrolled in the
program or activity to attain English proficiency and
meet challenging State academic content standards and
challenging State student academic achievement
standards as soon as possible, but not later than after
3 consecutive years of attendance in United States
schools (excluding schools in Puerto Rico), and to move
into a classroom where instruction is not tailored for
limited English proficient children.
(c) Selection of Method of Instruction.--To receive a
subgrant from a State under this subpart, an eligible entity
shall select one or more methods or forms of instruction to be
used in the programs and activities undertaken by the entity to
assist limited English proficient children to attain English
proficiency and meet challenging State academic content
standards and challenging State student academic achievement
standards. Such selection shall be consistent with sections
3134 and 3135.
(d) Duration of Subgrants.--The duration of a competitive
subgrant made by a State under section 3109(c) shall be
determined by the State in its discretion.
(e) Applications by Eligible Entities.--
(1) In general.--To receive a subgrant from a State
under this subpart, an eligible entity shall submit an
application to the State at such time, in such form,
and containing such information as the State may
require.
(2) Required documentation.--The application shall--
(A) describe the programs and activities
proposed to be developed, implemented, and
administered under the subgrant;
(B) describe how the eligible entity will use
the subgrant funds to satisfy the requirement
in subsection (b)(2); and
(C) describe how the eligible entity, using
the disaggregated results of the student
assessments required under section 1111(b)(4)
and other measures available, will annually
review the progress of elementary and secondary
schools within its jurisdiction, or served by
it, to determine if such schools are making the
adequate yearly progress necessary to ensure
that limited English proficient students
attending the schools will meet the State's
proficient level of performance on the State
assessment described in section 1111(b)(4), and
will hold such schools accountable for making
such progress.
(3) Requirements for approval.--The application shall
contain assurances that--
(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
children who are limited English proficient,
and who are proficient in English, including
written and oral communication skills;
(B) if the eligible entity includes one or
more local educational agencies, each such
agency is complying with section 3103(b) prior
to, and throughout, each school year;
(C) the eligible entity annually will assess
the English proficiency of all children with
limited English proficiency participating in
programs funded under this subpart;
(D) the eligible entity has based its
proposal on scientifically based reading
research and sound research and theory on
teaching limited English proficient children;
(E) the eligible entity has described in the
application how students enrolled in the
programs and activities proposed in the
application will be proficient in English after
3 academic years of enrollment;
(F) the eligible entity will ensure that
programs will enable children to speak, read,
write, and comprehend the English language and
meet challenging State academic content
standards and challenging State student
academic achievement standards; and
(G) the eligible entity is not in violation
of any State law, including State
constitutional law, regarding the education of
limited English proficient children, consistent
with sections 3134 and 3135.
(4) Quality.--For the purposes of awarding
competitive subgrants under section 3109(c), a State
shall consider the quality of each application and
ensure that it is of sufficient size and scope to meet
the purposes of this subpart.
SEC. 3109. DISTRIBUTION OF SUBGRANTS TO ELIGIBLE ENTITIES.
(a) In General.--A State shall expend at least 95 percent of
its allotment under section 3105(c) each fiscal year for the
purpose of making subgrants to eligible entities within the
State that have approved applications, in accordance with
subsections (b) and (c).
(b) Formula Subgrants.--
(1) Reservation.--75 percent of the amount expended
by a State for subgrants under this subpart shall be
reserved for subgrants to eligible entities described
in subsection (a) in which, during the fiscal year for
which the subgrant is to be made, the number of limited
English proficient children and youth who are enrolled
in public and nonpublic elementary or secondary schools
located in geographic areas under the jurisdiction of,
or served by, such entities is equal to at least 500
students, or 3 percent of the total number of children
and youth enrolled in such schools during such fiscal
year, whichever is less.
(2) Allotment.--From the amount reserved under
paragraph (1), the State shall allot to each eligible
entity described in such paragraph a percentage based
on the ratio of--
(A) the number of limited English proficient
children and youth who are enrolled in public
and nonpublic elementary or secondary schools
located in geographic areas under the
jurisdiction of, or served by, such entity
during the fiscal year for which the allotment
is to be made; to
(B) the number of such children and youth in
all such eligible entities.
(3) Reallotment.--Whenever a State determines that an
allotment made to an eligible entity under this
subsection for a fiscal year will not be used by the
entity for the purpose for which it was made, the State
shall, in accordance with such rules as it deems
appropriate, reallot such amount, consistent with
paragraph (2), to other eligible entities in the State
for carrying out that purpose.
(c) Competitive Subgrants.--25 percent of the amount expended
by a State for subgrants under this subpart shall be reserved
for competitive subgrants to eligible entities described in
subsection (a) that the State determines--
(1) have experienced significant increases, as
compared to the previous 2 years, in the percentage or
number of children and youth with limited English
proficiency, including recent immigrant children, that
have enrolled in public and nonpublic elementary or
secondary schools in the geographic areas under the
jurisdiction of, or served by, such entities during the
fiscal year for which the subgrant is to be made; or
(2) do not satisfy the requirements of subsection
(b)(1) but have significant needs for programs under
this subpart.
SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subpart, there are
authorized to be appropriated $750,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 4 succeeding
fiscal years.
Subpart 2--Administration
SEC. 3121. EVALUATIONS.
(a) In General.--Each eligible entity that receives a
subgrant from a State under subpart 1 shall provide the State,
at the conclusion of every second fiscal year during which the
subgrant is received, with an evaluation, in a form prescribed
by the State, of--
(1) the programs and activities conducted by the
entity with funds received under subpart 1 during the 2
immediately preceding fiscal years;
(2) the progress made by students in learning the
English language and meeting challenging State academic
content standards and challenging State student
academic achievement standards;
(3) the number and percentage of students in the
programs and activities attaining English language
proficiency by the end of each school year, as
determined by a valid and reliable assessment of
English proficiency; and
(4) the progress made by students in meeting
challenging State academic content standards and
challenging State student academic achievement
standards for each of the 2 years after such students
are no longer receiving services under this part.
(b) Use of Evaluation.--An evaluation provided by an eligible
entity under subsection (a) shall be used by the entity and the
State--
(1) for improvement of programs and activities;
(2) to determine the effectiveness of programs and
activities in assisting children who are limited
English proficient to attain English proficiency (as
measured consistent with subsection (d)) and meet
challenging State academic content standards and
challenging State student academic achievement
standards; and
(3) in determining whether or not to continue funding
for specific programs or projects.
(c) Evaluation Components.--An evaluation provided by an
eligible entity under subsection (a) shall include--
(1) an evaluation of whether students enrolling in a
program or activity conducted by the entity with funds
received under subpart 1--
(A) have attained English proficiency and are
meeting challenging State academic content
academic and challenging State student academic
achievement standards; and
(B) have achieved a working knowledge of the
English language that is sufficient to permit
them to perform, in English, in a classroom
that is not tailored to limited English
proficient children; and
(2) such other information as the State may require.
(d) Evaluation Measures.--In prescribing the form of an
evaluation provided by an entity under subsection (a), a State
shall approve evaluation measures, as applicable, for use under
subsection (c) that are designed to assess--
(1) oral language proficiency in kindergarten;
(2) oral language proficiency, including speaking and
listening skills, in first grade;
(3) both oral language proficiency, including
speaking and listening skills, and reading and writing
proficiency in grades 2 and higher; and
(4) attainment of challenging State student academic
achievement standards.
SEC. 3122. REPORTING REQUIREMENTS.
(a) States.--Based upon the evaluations provided to a State
under section 3121, each State that receives a grant under
subpart 1 shall prepare and submit every second year to the
Secretary a report on programs and activities undertaken by the
State under such subpart and the effectiveness of such programs
and activities in improving the education provided to children
who are limited English proficient.
(b) Secretary.--Every second year, the Secretary shall
prepare and submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
on--
(1) programs and activities undertaken by States
under subpart 1 and the effectiveness of such programs
and activities in improving the education provided to
children who are limited English proficient;
(2) the types of instructional programs used under
subpart 1 to teach limited English proficient children;
(3) the number of programs or projects, if any, that
were terminated because they were not able to reach
program goals;
(4) the number of limited English proficient children
served under subpart 1 who were transitioned out of
special instructional programs funded under such
subpart into classrooms where instruction is not
tailored for limited English proficient children; and
(5) other information gathered from the reports
submitted under subsection (a).
SEC. 3123. COORDINATION WITH RELATED PROGRAMS.
In order to maximize Federal efforts aimed at serving the
educational needs of children and youth of limited English
proficiency, the Secretary shall coordinate and ensure close
cooperation with other programs serving language-minority and
limited English proficient students that are administered by
the Department and other agencies.
Subpart 3--General Provisions
SEC. 3131. DEFINITIONS.
For purposes of this part:
(1) Children and youth.--The term ``children and
youth'' means individuals aged 3 through 21.
(2) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness or
Indian tribe or tribally sanctioned educational
authority which is representative of a community or
significant segments of a community and which provides
educational or related services to individuals in the
community. Such term includes a Native Hawaiian or
Native American Pacific Islander native language
educational organization.
(3) Eligible entity.--The term ``eligible entity''
means--
(A) one or more local educational agencies;
or
(B) one or more local educational agencies in
collaboration with an institution of higher
education, community-based organization, or
State educational agency.
(4) Native hawaiian or native american pacific
islander native language educational organization.--The
term ``Native Hawaiian or Native American Pacific
Islander native language educational organization''
means a nonprofit organization with a majority of its
governing board and employees consisting of fluent
speakers of the traditional Native American languages
used in their educational programs and with not less
than 5 years successful experience in providing
educational services in traditional Native American
languages.
(5) Native language.--The term ``native language'',
when used with reference to an individual who is
limited English proficient, means the language normally
used by such individual.
(6) Specially qualified agency.--The term ``specially
qualified agency'', when used with respect to a fiscal
year, means an eligible entity located in a State that,
for that year--
(A) does not submit to the Secretary an
application under sections 3105(a) and 3107; or
(B) submits an application (or any
modification to an application) that the
Secretary, after reasonable notice and
opportunity for a hearing, determines does not
satisfy the requirements of subpart 1.
(7) Tribally sanctioned educational authority.--The
term ``tribally sanctioned educational authority''
means--
(A) any department or division of education
operating within the administrative structure
of the duly constituted governing body of an
Indian tribe; and
(B) any nonprofit institution or organization
that is--
(i) chartered by the governing body
of an Indian tribe to operate a school
described in section 3106(a) or
otherwise to oversee the delivery of
educational services to members of the
tribe; and
(ii) approved by the Secretary for
the purpose of carrying out programs
under subpart 1 for individuals served
by a school described in section
3106(a).
SEC. 3132. RULES OF CONSTRUCTION.
Nothing in subpart 1 shall be construed--
(1) to prohibit a local educational agency from
serving limited English proficient children and youth
simultaneously with students with similar educational
needs, in the same educational settings where
appropriate;
(2) to require a State or a local educational agency
to establish, continue, or eliminate any particular
type of instructional program for limited English
proficient children; or
(3) to limit the preservation or use of Native
American languages as defined in the Native American
Languages Act of 1990.
SEC. 3133. LIMITATION ON FEDERAL REGULATIONS.
The Secretary shall issue regulations under this part only to
the extent that such regulations are necessary to ensure
compliance with the specific requirements of this part.
SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW.
Nothing in this part shall be construed to negate or
supersede State law, or the legal authority under State law of
any State agency, State entity, or State public official, over
programs that are under the jurisdiction of the State agency,
entity, or official.
SEC. 3135. CIVIL RIGHTS.
Nothing in this part shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
Programs authorized under subpart 1 that serve Native
American children, Native Pacific Island children, and children
in the Commonwealth of Puerto Rico, notwithstanding any other
provision of subpart 1, may include programs of instruction,
teacher training, curriculum development, evaluation, and
testing designed for Native American children learning and
studying Native American languages and children of limited
Spanish proficiency, except that a primary outcome of programs
serving such children shall be increased English proficiency
among such children.
PART B--INDIAN AND ALASKA NATIVE EDUCATION
Subpart 1--Indian Education
SEC. 3201. FINDINGS.
Congress finds that--
(1) the Federal Government has a special
responsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults--
(A) are based on high-quality,
internationally competitive academic content
standards and student academic achievement
standards and build on Indian culture and the
Indian community;
(B) assist local educational agencies, Indian
tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve such standards; and
(C) meet the unique educational and
culturally related academic needs of American
Indian and Alaska Native students;
(2) since the date of the enactment of the initial
Indian Education Act in 1972, the level of involvement
of Indian parents in the planning, development, and
implementation of educational programs that affect such
parents and their children has increased significantly,
and schools should continue to foster such involvement;
(3) although the number of Indian teachers,
administrators, and university professors has increased
since 1972, teacher training programs are not
recruiting, training, or retraining a sufficient number
of Indian individuals as educators to meet the needs of
a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
(4) the dropout rate for Indian students is
unacceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of school
by 1990;
(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below the
poverty level increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is
hampered by the high incidence of poverty,
unemployment, and health problems among Indian children
and their families; and
(6) research related specifically to the education of
Indian children and adults is very limited, and much of
the research is of poor quality or is focused on
limited local or regional issues.
SEC. 3202. PURPOSE.
(a) Purpose.--It is the purpose of this subpart to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the unique educational and culturally related academic
needs of American Indians and Alaska Natives, so that such
students can achieve to the same challenging State academic
achievement standards expected of all other students.
(b) Programs.--this subpart carries out the purpose described
in subsection (a) by authorizing programs of direct assistance
for--
(1) meeting the unique educational and culturally
related academic needs of American Indians and Alaska
Natives;
(2) the education of Indian children and adults;
(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
(4) research, evaluation, data collection, and
technical assistance.
CHAPTER 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 3211. PURPOSE.
It is the purpose of this chapter to support local
educational agencies in their efforts to reform elementary and
secondary school programs that serve Indian students in order
to ensure that such programs--
(1) are based on challenging State academic content
standards and State student academic achievement
standards that are used for all students; and
(2) are designed to assist Indian students in meeting
those standards and assist the Nation in reaching the
National Education Goals.
SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--
(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this chapter
for any fiscal year if the number of Indian children
eligible under section 3217 and who were enrolled in
the schools of the agency, and to whom the agency
provided free public education, during the preceding
fiscal year--
(A) was at least 10; or
(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, a reservation.
(b) Indian Tribes.--
(1) In general.--If a local educational agency that
is eligible for a grant under this chapter does not
establish a parent committee under section 3214(c)(4)
for such grant, an Indian tribe that represents not
less than one-half of the eligible Indian children who
are served by such local educational agency may apply
for such grant.
(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this chapter, except that any
such tribe is not subject to section 3214(c)(4),
section 3218(c), or section 3219.
SEC. 3213. AMOUNT OF GRANTS.
(a) Amount of Grant Awards.--
(1) In general.--Except as provided in subsection (b)
and paragraph (2), the Secretary shall allocate to each
local educational agency which has an approved
application under this chapter an amount equal to the
product of--
(A) the number of Indian children who are
eligible under section 3217 and served by such
agency; and
(B) the greater of--
(i) the average per pupil expenditure
of the State in which such agency is
located; or
(ii) 80 percent of the average per
pupil expenditure in the United States.
(2) Reduction.--The Secretary shall reduce the amount
of each allocation determined under paragraph (1) in
accordance with subsection (e).
(b) Minimum Grant.--
(1) In general.--Notwithstanding subsection (e), a
local educational agency or an Indian tribe (as
authorized under section 3212(b)) that is eligible for
a grant under section 3212, and a school that is
operated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a
grant under this chapter in an amount that is not less
than $3,000.
(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under
this chapter.
(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for
all grantees if the Secretary determines such increase
is necessary to ensure the quality of the programs
provided.
(c) Definition.--For the purpose of this section, the term
``average per pupil expenditure of a State'' means an amount
equal to--
(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) Subject to subsection (e), in addition to the
grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
(A) the total number of Indian children enrolled in
schools that are operated by--
(i) the Bureau of Indian Affairs; or
(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe
under a contract with, or grant from, the
Department of the Interior under the Indian
Self-Determination Act or the Tribally
Controlled Schools Act of 1988; and
(B) the greater of--
(i) the average per pupil expenditure of the
State in which the school is located; or
(ii) 80 percent of the average per pupil
expenditure in the United States.
(2) Any school described in paragraph (1)(A) that wishes to
receive an allocation under this chapter shall submit an
application in accordance with section 3214, and shall
otherwise be treated as a local educational agency for the
purpose of this chapter, except that such school shall not be
subject to section 3214(c)(4), section 3218(c), or section
3219.
(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 3252(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
SEC. 3214. APPLICATIONS.
(a) Application Required.--Each local educational agency that
desires to receive a grant under this chapter shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a comprehensive
program for meeting the needs of Indian children served by the
local educational agency, including the language and cultural
needs of the children, that--
(1) provides programs and activities to meet the
culturally related academic needs of American Indian
and Alaska Native students;
(2)(A) is consistent with State and local plans under
other provisions of this Act; and
(B) includes academic content and student performance
goals for such children, and benchmarks for attaining
such goals, that are based on the challenging State
standards under title I;
(3) explains how Federal, State, and local programs,
especially under title I, will meet the needs of such
students;
(4) demonstrates how funds made available under this
chapter will be used for activities described in
section 3215;
(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
(B) all teachers who will be involved in
programs assisted under this chapter have been
properly trained to carry out such programs;
and
(6) describes how the local educational agency--
(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this chapter, in meeting the
goals described in paragraph (2);
(B) will provide the results of each
assessment referred to in subparagraph (A) to--
(i) the committee of parents
described in subsection (c)(4); and
(ii) the community served by the
local educational agency; and
(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A).
(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
(1) the local educational agency will use funds
received under this chapter only to supplement the
level of funds that, in the absence of the Federal
funds made available under this chapter, such agency
would make available for the education of Indian
children, and not to supplant such funds;
(2) the local educational agency will submit such
reports to the Secretary, in such form and containing
such information, as the Secretary may require to--
(A) carry out the functions of the Secretary
under this chapter; and
(B) determine the extent to which funds
provided to the local educational agency under
this chapter are effective in improving the
educational achievement of Indian students
served by such agency;
(3) the program for which assistance is sought--
(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students to whom the local educational agency
is providing an education;
(B) will use the best available talents and
resources, including individuals from the
Indian community; and
(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
public hearings held by such agency to provide
the individuals described in this subparagraph
a full opportunity to understand the program
and to offer recommendations regarding the
program; and
(4) the local educational agency developed the
program with the participation and written approval of
a committee--
(A) that is composed of, and selected by--
(i) parents of Indian children in the
local educational agency's schools and
teachers; and
(ii) if appropriate, Indian students
attending secondary schools;
(B) a majority of whose members are parents
of Indian children;
(C) that sets forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
(D) with respect to an application describing
a schoolwide program in accordance with section
3215(c), that has--
(i) reviewed in a timely fashion the
program; and
(ii) determined that the program will
not diminish the availability of
culturally related activities for
American Indian and Alaskan Native
students; and
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES.
(a) General Requirements.--Each local educational agency that
receives a grant under this chapter shall use the grant funds,
in a manner consistent with the purpose specified in section
3211, for services and activities that--
(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 3214(b);
(2) are designed with special regard for the language
and cultural needs of the Indian students; and
(3) supplement and enrich the regular school program
of such agency.
(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
(2) early childhood and family programs that
emphasize school readiness;
(3) enrichment programs that focus on problem solving
and cognitive skills development and directly support
the attainment of challenging State academic content
standards and State student academic achievement
standards;
(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
(5) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Vocational
and Technical Education Act of 1998, including programs
for tech-prep, mentoring, and apprenticeship;
(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purposes described in section 3211; and
(8) family literacy services.
(c) Schoolwide Programs.--Notwithstanding any other provision
of law, a local educational agency may use funds made available
to such agency under this chapter to support a schoolwide
program under section 1114 if--
(1) the committee composed of parents established
pursuant to section 3214(c)(4) approves the use of the
funds for the schoolwide program; and
(2) the schoolwide program is consistent with the
purposes described in section 3211.
(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this chapter
for any fiscal year may be used for administrative purposes.
SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED.
(a) Plan.--An entity receiving funds under this chapter may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
(b) Coordination of Programs.--Upon the receipt of an
acceptable plan, the Secretary, in cooperation with each
Federal agency providing grants for the provision of education
and related services to the applicant, shall authorize the
applicant to coordinate, in accordance with such plan, its
federally funded education and related services programs, or
portions thereof, serving Indian students in a manner that
integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
(c) Programs Affected.--The funds that may be consolidated in
a demonstration project under any such plan referred to in
subsection (b) shall include funds for any Federal program
exclusively serving Indian children or the funds reserved under
any program to exclusively serve Indian children under which
the applicant is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services which would be used to
serve Indian students.
(d) Plan Requirements.--For a plan to be acceptable pursuant
to subsection (b), it shall--
(1) identify the programs or funding sources to be
consolidated;
(2) be consistent with the purposes of this section
authorizing the services to be integrated in a
demonstration project;
(3) describe a comprehensive strategy which
identifies the full range of potential educational
opportunities and related services to be provided to
assist Indian students to achieve the goals set forth
in this chapter;
(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
(5) identify the projected expenditures under the
plan in a single budget;
(6) identify the local, State, or tribal agency or
agencies to be involved in the delivery of the services
integrated under the plan;
(7) identify any statutory provisions, regulations,
policies, or procedures that the applicant believes
need to be waived in order to implement its plan;
(8) set forth measures of student achievement and
performance goals designed to be met within a specified
period of time; and
(9) be approved by a parent committee formed in
accordance with section 3214(c)(4), if such a committee
exists.
(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each
Federal department providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal departmental regulations, policies, or procedures
necessary to enable the applicant to implement its plan.
Notwithstanding any other provision of law, the Secretary of
the affected department or departments shall have the authority
to waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the applicant or
department, unless the Secretary of the affected department
determines that such a waiver is inconsistent with the intent
of this chapter or those provisions of the statute from which
the program involved derives its authority which are
specifically applicable to Indian students.
(f) Plan Approval.--Within 90 days after the receipt of an
applicant's plan by the Secretary, the Secretary shall inform
the applicant, in writing, of the Secretary's approval or
disapproval of the plan. If the plan is disapproved, the
applicant shall be informed, in writing, of the reasons for the
disapproval and shall be given an opportunity to amend its plan
or to petition the Secretary to reconsider such disapproval.
(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of the enactment of the No Child
Left Behind Act of 2001, the Secretary of Education, the
Secretary of the Interior, and the head of any other Federal
department or agency identified by the Secretary of Education,
shall enter into an interdepartmental memorandum of agreement
providing for the implementation of the demonstration projects
authorized under this section. The lead agency head for a
demonstration program under this section shall be--
(1) the Secretary of the Interior, in the case of
applicant meeting the definition of contract or grant
school under title XI of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other applicant.
(h) Responsibilities of Lead Agency.--The responsibilities of
the lead agency shall include--
(1) the use of a single report format related to the
plan for the individual project which shall be used by
an eligible entity to report on the activities
undertaken under the project;
(2) the use of a single report format related to the
projected expenditures for the individual project which
shall be used by an eligible entity to report on all
project expenditures;
(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format, together with records
maintained on the consolidated program at the local level,
shall contain such information as will allow a determination
that the eligible entity has complied with the requirements
incorporated in its approved plan, including the demonstration
of student achievement, and will provide assurances to each
Secretary that the eligible entity has complied with all
directly applicable statutory requirements and with those
directly applicable regulatory requirements which have not been
waived.
(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the purposes of this
section.
(l) Administration of Funds.--
(1) In general.--Program funds shall be administered
in such a manner as to allow for a determination that
funds from specific a program or programs are spent on
allowable activities authorized under such program,
except that the eligible entity shall determine the
proportion of the funds granted which shall be
allocated to such program.
(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under its approved
plan to the individual programs under which funds were
authorized, nor shall the eligible entity be required
to allocate expenditures among such individual
programs.
(m) Overage.--All administrative costs may be commingled and
participating entities shall be entitled to the full amount of
such costs (under each program or department's regulations),
and no overage shall be counted for Federal audit purposes,
provided that the overage is used for the purposes provided for
under this section.
(n) Fiscal Accountability.--Nothing in this subpart shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill the responsibilities for the
safeguarding of Federal funds pursuant to the Single Audit Act
of 1984.
(o) Report on Statutory Obstacles to Program Integration.--
(1) Preliminary report.--Not later than 2 years after
the date of the enactment of the No Child Left Behind
Act of 2001, the Secretary of Education shall submit a
preliminary report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives on the status of the implementation
of the demonstration program authorized under this
section.
(2) Final report.--Not later than 5 years after the
date of the enactment of the No Child Left Behind Act
of 2001, the Secretary of Education shall submit a
report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives on the results of the implementation of
the demonstration program authorized under this
section. Such report shall identify statutory barriers
to the ability of participants to integrate more
effectively their education and related services to
Indian students in a manner consistent with the
purposes of this section.
(p) Definitions.--For the purposes of this section, the term
``Secretary'' means--
(1) the Secretary of the Interior, in the case of
applicant meeting the definition of contract or grant
school under title XI of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other applicant.
SEC. 3217. STUDENT ELIGIBILITY FORMS.
(a) In General.--The Secretary shall require that, as part of
an application for a grant under this chapter, each applicant
shall maintain a file, with respect to each Indian child for
whom the local educational agency provides a free public
education, that contains a form that sets forth information
establishing the status of the child as an Indian child
eligible for assistance under this chapter and that otherwise
meets the requirements of subsection (b).
(b) Forms.--
(1) In general.--The form described in subsection (a)
shall include--
(A) either--
(i)(I) the name of the tribe or band
of Indians (as described in section
3251(3)) with respect to which the
child claims membership;
(II) the enrollment number
establishing the membership of the
child (if readily available); and
(III) the name and address of the
organization that maintains updated and
accurate membership data for such tribe
or band of Indians; or
(ii) if the child is not a member of
a tribe or band of Indians, the name,
the enrollment number (if readily
available), and the organization (and
address thereof) responsible for
maintaining updated and accurate
membership rolls of the tribe of any
parent or grandparent of the child from
whom the child claims eligibility;
(B) a statement of whether the tribe or band
of Indians with respect to which the child,
parent, or grandparent of the child claims
membership is federally recognized;
(C) the name and address of the parent or
legal guardian of the child;
(D) a signature of the parent or legal
guardian of the child that verifies the
accuracy of the information supplied; and
(E) any other information that the Secretary
considers necessary to provide an accurate
program profile.
(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the
amount of a grant award made under section 3213, an
eligibility form prepared pursuant to this section for
a child shall include--
(A) the name of the child;
(B) the name of the tribe or band of Indians
(as described in section 3251(3)) with respect
to which the child claims eligibility; and
(C) the dated signature of the parent or
guardian of the child.
(3) Failure.--The failure of an applicant to furnish
any information described in this subsection other than
the information described in paragraph (2) with respect
to any child shall have no bearing on the determination
of whether the child is an eligible Indian child for
the purposes of determining the amount of a grant award
made under section 3213.
(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 3251.
(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-1986 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
(1) to establish such eligibility; and
(2) to meet the requirements of subsection (a).
(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant under section 3213, the membership of the
child, or any parent or grandparent of the child, in a tribe or
band of Indians may be established by proof other than an
enrollment number, notwithstanding the availability of an
enrollment number for a member of such tribe or band. Nothing
in subsection (b) shall be construed to require the furnishing
of an enrollment number.
(f) Monitoring and Evaluation Review.--
(1) In general.--(A) For each fiscal year, in order
to provide such information as is necessary to carry
out the responsibility of the Secretary to provide
technical assistance under this chapter, the Secretary
shall conduct a monitoring and evaluation review of a
sampling of the recipients of grants under this
chapter. The sampling conducted under this subparagraph
shall take into account the size of the local
educational agency and the geographic location of such
agency.
(B) A local educational agency may not be held liable
to the United States or be subject to any penalty, by
reason of the findings of an audit that relates to the
date of completion, or the date of submission, of any
forms used to establish, before April 28, 1988, the
eligibility of a child for entitlement under the Indian
Elementary and Secondary School Assistance Act.
(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this chapter shall--
(A) be ineligible to apply for any other
grant under this subpart; and
(B) be liable to the United States for any
funds that have not been expended.
(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant under section 3213.
(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, in awarding funds under this
chapter to a tribal school that receives a grant or contract
from the Bureau of Indian Affairs, the Secretary shall use only
one of the following, as selected by the school:
(1) A count of the number of students in those
schools certified by the Bureau.
(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
(h) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a
local educational agency's grant under this chapter (other than
in the case described in subsection (g)(1)), the local
educational agency shall--
(1) establish a date on, or a period not longer than
31 consecutive days during which, the agency counts
those children, so long as that date or period occurs
before the deadline established by the Secretary for
submitting an application under section 3214; and
(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
SEC. 3218. PAYMENTS.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this chapter the amount determined under section 3213. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this chapter to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this chapter in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 3213 for any fiscal year
unless the State educational agency notifies the
Secretary, and the Secretary determines that, with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
(2) Failure to maintain effort.--If, for any fiscal
year, the Secretary determines that a local educational
agency failed to maintain the fiscal effort of such
agency at the level specified in paragraph (1), the
Secretary shall--
(A) reduce the amount of the grant that would
otherwise be made to such agency under this
chapter in the exact proportion of such
agency's failure to maintain its fiscal effort
at such level; and
(B) not use the reduced amount of the
agency's expenditures for the preceding year to
determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
(3) Waiver.--(A) The Secretary may waive the
requirement of paragraph (1), for not more than 1 year
at a time, if the Secretary determines that the failure
to comply with such requirement is due to exceptional
or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
agency's financial resources.
(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year
preceding the fiscal year for which a waiver is granted
to determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the amount of
expenditures that would have been required to comply
with paragraph (1) in the absence of the waiver.
(d) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose
of this chapter, any amounts that--
(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this chapter; or
(2) otherwise become available for reallocation under
this chapter.
SEC. 3219. STATE EDUCATIONAL AGENCY REVIEW.
Before submitting an application to the Secretary under
section 3214, a local educational agency shall submit the
application to the State educational agency, which may comment
on such application. If the State educational agency comments
on the application, it shall comment on all applications
submitted by local educational agencies in the State and shall
provide those comments to the respective local educational
agencies, with an opportunity to respond.
CHAPTER 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
SEC. 3221. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
(a) Purpose.--
(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
(2) Coordination.--The Secretary shall take such
actions as are necessary to achieve the coordination of
activities assisted under this chapter with--
(A) other programs funded under this Act; and
(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means a State educational agency,
local educational agency, Indian tribe, Indian organization,
federally supported elementary and secondary school for Indian
students, Indian institution, including an Indian institution
of higher education, or a consortium of such institutions.
(c) Grants Authorized.--
(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in
subsection (a)(1), including--
(A) innovative programs related to the
educational needs of educationally
disadvantaged children;
(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in one or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
(C) bilingual and bicultural programs and
projects;
(D) special health and nutrition services,
and other related activities, that address the
unique health, social, and psychological
problems of Indian children;
(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of secondary
school graduation;
(F) comprehensive guidance, counseling, and
testing services;
(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary school to postsecondary education;
(I) partnership projects between schools and
local businesses for career preparation
programs designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
(J) programs designed to encourage and assist
Indian students to work toward, and gain
entrance into, an institution of higher
education;
(K) family literacy services; or
(L) other services that meet the purpose
described in subsection (a)(1).
(2) Professional development.--Professional
development of teaching professionals and
paraprofessional may be a part of any program assisted
under this section.
(d) Grant Requirements and Applications.--
(1) Grant requirements.--(A) The Secretary may make
multiyear grants under this section for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not
to exceed 5 years.
(B) In making multiyear grants under this section,
the Secretary shall give priority to applications that
present a plan for combining two or more of the
activities described in subsection (c) over a period of
more than 1 year.
(C) The Secretary shall make a grant payment to an
eligible entity after the initial year of the multiyear
grant only if the Secretary determines that the
eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (2) and any subsequent modifications to such
application.
(D)(i) In addition to awarding the multiyear grants
described in subparagraph (A), the Secretary may award
grants to eligible entities for the dissemination of
exemplary materials or programs assisted under this
section.
(ii) The Secretary may award a dissemination grant
under this subparagraph if, prior to awarding the
grant, the Secretary determines that the material or
program to be disseminated has been adequately reviewed
and has demonstrated--
(I) educational merit; and
(II) the ability to be replicated.
(2) Application.--(A) Any eligible entity that
desires to receive a grant under this section shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
(B) Each application submitted to the Secretary under
subparagraph (A), other than an application for a
dissemination grant under paragraph (1)(D), shall
contain--
(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which
assistance is sought;
(ii) assurances that the applicant will
participate, at the request of the Secretary,
in any national evaluation of activities
assisted under this section;
(iii) information demonstrating that the
proposed program is either a research-based
program (which may be a research-based program
that has been modified to be culturally
appropriate for the students who will be
served);
(iv) a description of how the applicant will
incorporate the proposed services into the
ongoing school program once the grant period is
over; and
(v) such other assurances and information as
the Secretary may reasonably require.
(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this chapter for any fiscal
year may be used for administrative purposes.
SEC. 3222. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
(a) Purposes.--The purposes of this section are--
(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
(2) to provide training to qualified Indian
individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means--
(1) an institution of higher education, including an
Indian institution of higher education;
(2) a State or local educational agency, in
consortium with an institution of higher education; and
(3) an Indian tribe or organization, in consortium
with an institution of higher education.
(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under
this section to enable such entities to carry out the
activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Grant funds under this section shall
be used to provide support and training for Indian
individuals in a manner consistent with the purposes of
this section. Such activities may include but are not
limited to, continuing programs, symposia, workshops,
conferences, and direct financial support.
(2) Special rules.--(A) For education personnel, the
training received pursuant to a grant under this
section may be inservice or preservice training.
(B) For individuals who are being trained to enter
any field other than teaching, the training received
pursuant to a grant under this section shall be in a
program that results in a graduate degree.
(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner and accompanied by such information,
as the Secretary may reasonably require.
(f) Special Rule.--In making grants under this section, the
Secretary--
(1) shall consider the prior performance of the
eligible entity; and
(2) may not limit eligibility to receive a grant
under this section on the basis of--
(A) the number of previous grants the
Secretary has awarded such entity; or
(B) the length of any period during which
such entity received such grants.
(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
(h) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
(A) perform work--
(i) related to the training received
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated part of the
assistance received.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning the compliance of such recipient with the
work requirement under paragraph (1).
CHAPTER 3--NATIONAL RESEARCH ACTIVITIES
SEC. 3231. NATIONAL ACTIVITIES.
(a) Authorized Activities.--The Secretary may use funds made
available under section 3252(b) for each fiscal year to--
(1) conduct research related to effective approaches
for the education of Indian children and adults;
(2) evaluate federally assisted education programs
from which Indian children and adults may benefit;
(3) collect and analyze data on the educational
status and needs of Indians; and
(4) carry out other activities that are consistent
with the purpose of this subpart.
(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
(c) Coordination.--Research activities supported under this
section--
(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities
supported by the Office; and
(2) may include collaborative research activities
which are jointly funded and carried out by the Office
of Indian Education Programs and the Office of
Educational Research and Improvement.
CHAPTER 4--FEDERAL ADMINISTRATION
SEC. 3241. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time-to-time, by Indian tribes and
organizations; and
(2) represent different geographic areas of the
United States.
(b) Duties.--The Council shall--
(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this subpart--
(A) with respect to which the Secretary has
jurisdiction; and
(B)(i) that includes Indian children or
adults as participants; or
(ii) that may benefit Indian children or
adults;
(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a
vacancy occurs; and
(3) submit to the Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
(B) recommendations concerning the funding of
any program described in subparagraph (A).
SEC. 3242. PEER REVIEW.
The Secretary may use a peer review process to review
applications submitted to the Secretary under chapter 2 or 3.
SEC. 3243. PREFERENCE FOR INDIAN APPLICANTS.
In making grants under chapter 2 or 3, the Secretary shall
give a preference to Indian tribes, organizations, and
institutions of higher education under any program with respect
to which Indian tribes, organizations, and institutions are
eligible to apply for grants.
SEC. 3244. MINIMUM GRANT CRITERIA.
The Secretary may not approve an application for a grant
under subpart 2 unless the application is for a grant that is--
(1) of sufficient size, scope, and quality to achieve
the purpose or objectives of such grant; and
(2) based on relevant research findings.
CHAPTER 5--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
SEC. 3251. DEFINITIONS.
For the purposes of this subpart:
(1) Adult.--The term ``adult'' means an individual
who--
(A) has attained the age of 16 years; or
(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
(2) Free public education.--The term ``free public
education'' means education that is--
(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
(3) Indian.--The term ``Indian'' means an individual
who is--
(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
(i) any tribe or band terminated
since 1940; and
(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native;
or
(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as it was in effect the
day preceding the date of the enactment of the
Improving America's Schools Act of 1994.
SEC. 3252. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Chapter 1.--For the purpose of carrying out chapter 1 of
this subpart, there are authorized to be appropriated
$100,000,000 for fiscal year 2002, and such sums as may be
necessary for each of fiscal years 2003 through 2006.
(b) Chapters 2 and 3.--For the purpose of carrying out
chapters 2 and 3 of this subpart, there are authorized to be
appropriated $25,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the fiscal years 2003 through
2006.
Subpart 2--Alaska Native Education
SEC. 3301. SHORT TITLE.
This subpart may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
SEC. 3302. FINDINGS.
The Congress finds and declares:
(1) The attainment of educational success is critical
to the betterment of the conditions, long-term well-
being and preservation of the culture of Alaska
Natives.
(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
(3) Alaska Native children enter and exit school with
serious educational handicaps.
(4) The educational achievement of Alaska Native
children is far below national norms. In addition to
low Native performance on standardized tests, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
(5) The programs authorized herein, combined with
expanded Head Start, infant learning and early
childhood education programs, and parent education
programs are essential if educational handicaps are to
be overcome.
(6) The sheer magnitude of the geographic barriers to
be overcome in delivering educational services in rural
and village Alaska should be addressed through the
development and implementation of innovative, model
programs in a variety of areas.
(7) Congress finds that Native children should be
afforded the opportunity to begin their formal
education on a par with their non-Native peers. The
Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for all
students.
SEC. 3303. PURPOSE.
It is the purpose of this subpart to--
(1) recognize the unique educational needs of Alaska
Natives;
(2) authorize the development of supplemental
educational programs to benefit Alaska Natives;
(3) supplement existing programs and authorities in
the area of education to further the purposes of this
subpart; and
(4) provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this subpart,
on meeting the educational needs of Alaska Natives.
SEC. 3304. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Program authorized.--The Secretary is authorized
to make grants to, or enter into contracts with, Alaska
Native organizations, educational entities with
experience in developing or operating Alaska Native
programs or programs of instruction conducted in Alaska
Native languages, and consortia of such organizations
and entities to carry out programs that meet the
purpose of this subpart.
(2) Permissible activities.--Programs under this
subpart may include--
(A) the development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives;
(B) the development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including--
(i) curriculum materials that reflect
the cultural diversity or the
contributions of Alaska Natives;
(ii) instructional programs that make
use of Native Alaskan languages; and
(iii) networks that introduce
successful programs, materials, and
techniques to urban and rural schools;
(C) professional development activities for
educators, including--
(i) programs to prepare teachers to
address the cultural diversity and
unique needs of Alaska Native students;
(ii) in-service programs to improve
the ability of teachers to meet the
unique needs of Alaska Native students;
and
(iii) recruiting and preparing
teachers who are Alaska Natives, reside
in communities with high concentrations
of Alaska Native students, or are
likely to succeed as teachers in
isolated, rural communities and engage
in cross-cultural instruction;
(D) the development and operation of home
instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children's education from the earliest
ages;
(E) family literacy services;
(F) the development and operation of student
enrichment programs in science and mathematics
that--
(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter high school, to
excel in science and math; and
(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the program;
(G) research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults;
(H) other research and evaluation activities
related to programs under this subpart; and
(I) other activities, consistent with the
purposes of this subpart, to meet the
educational needs of Alaska Native children and
adults.
(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children under
paragraph (2)(D) may include--
(A) programs for parents and their infants,
from prenatal through age three;
(B) preschool programs; and
(C) training, education, and support for
parents in such areas as reading readiness,
observation, story-telling, and critical
thinking.
(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
(c) Authorization of Appropriations.--There are authorized to
be appropriated $15,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the fiscal years 2003 through
2006 to carry out this subpart.
SEC. 3305. ADMINISTRATIVE PROVISIONS.
(a) Application Required.--No grant may be made under this
subpart, nor any contract be entered into under this subpart,
unless an application is submitted to the Secretary in such
form, in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this subpart.
(b) Applications.--State and local educational agencies may
apply for an award under this subpart only as subpart of a
consortium involving an Alaska Native organization. This
consortium may include other eligible applicants.
(c) Consultation Required.--Each applicant for funding shall
provide for ongoing advice from and consultation with
representatives of the Alaska Native community.
(d) Local Educational Agency Coordination.--Each applicant
for an award under this subpart shall inform each local
educational agency serving students who would participate in
the project about its application.
SEC. 3306. DEFINITIONS.
For purposes of this subpart--
(1) the term ``Alaska Native'' has the same meaning
as the term ``Native'' has in section 3(b) of the
Alaska Native Claims Settlement Act; and
(2) the term ``Alaska Native organization'' means a
federally recognized tribe, consortium of tribes,
regional nonprofit Native association, and other Alaska
Native organizations that--
(A) has or commits to acquire expertise in
the education of Alaska Natives; and
(B) has Alaska Natives in substantive and
policy-making positions within the
organization.
[TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
[SEC. 4001. SHORT TITLE.
[This title may be cited as the ``Safe and Drug-Free Schools
and Communities Act of 1994''.
[SEC. 4002. FINDINGS.
[The Congress finds as follows:
[(1) The seventh National Education Goal provides
that by the year 2000, all schools in America will be
free of drugs and violence and the unauthorized
presence of firearms and alcohol, and offer a
disciplined environment that is conducive to learning.
[(2) The widespread illegal use of alcohol and other
drugs among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to such students' physical
and mental well-being, and significantly impedes the
learning process. For example, data show that students
who drink tend to receive lower grades and are more
likely to miss school because of illness than students
who do not drink.
[(3) Our Nation's schools and communities are
increasingly plagued by violence and crime.
Approximately 3,000,000 thefts and violent crimes occur
in or near our Nation's schools every year, the
equivalent of more than 16,000 incidents per school
day.
[(4) Violence that is linked to prejudice and
intolerance victimizes entire communities leading to
more violence and discrimination.
[(5) The tragic consequences of violence and the
illegal use of alcohol and drugs by students are felt
not only by students and such students' families, but
by such students' communities and the Nation, which can
ill afford to lose such students' skills, talents, and
vitality.
[(6) While use of illegal drugs is a serious problem
among a minority of teenagers, alcohol use is far more
widespread. The proportion of high school students
using alcohol, though lower than a decade ago, remains
unacceptably high. By the 8th grade, 70 percent of
youth report having tried alcohol and by the 12th
grade, about 88 percent have used alcohol. Alcohol use
by young people can and does have adverse consequences
for users, their families, communities, schools, and
colleges.
[(7) Alcohol and tobacco are widely used by young
people. Such use can, and does, have adverse
consequences for young people, their families,
communities, schools, and colleges. Drug prevention
programs for youth that address only controlled drugs
send an erroneous message that alcohol and tobacco do
not present significant problems, or that society is
willing to overlook their use. To be credible, messages
opposing illegal drug use by youth should address
alcohol and tobacco as well.
[(8) Every day approximately 3,000 children start
smoking. Thirty percent of all secondary school seniors
are smokers. Half of all new smokers begin smoking
before the age of 14, 90 percent of such smokers begin
before the age of 21, and the average age of the first
use of smokeless tobacco is under the age of 10. Use of
tobacco products has been linked to serious health
problems. Drug education and prevention programs that
include tobacco have been effective in reducing teenage
use of tobacco.
[(9) Drug and violence prevention programs are
essential components of a comprehensive strategy to
promote school safety and to reduce the demand for and
use of drugs throughout the Nation. Schools and local
organizations in communities throughout the Nation have
a special responsibility to work together to combat the
growing epidemic of violence and illegal drug use and
should measure the success of their programs against
clearly defined goals and objectives.
[(10) Students must take greater responsibility for
their own well-being, health, and safety if schools and
communities are to achieve the goals of providing a
safe, disciplined, and drug-free learning environment.
[SEC. 4003. PURPOSE.
[The purpose of this title is to support programs to meet the
seventh National Education Goal by preventing violence in and
around schools and by strengthening programs that prevent the
illegal use of alcohol, tobacco, and drugs, involve parents,
and are coordinated with related Federal, State, and community
efforts and resources, through the provision of Federal
assistance to--
[(1) States for grants to local educational agencies
and educational service agencies and consortia of such
agencies to establish, operate, and improve local
programs of school drug and violence prevention, early
intervention, rehabilitation referral, and education in
elementary and secondary schools (including
intermediate and junior high schools);
[(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for
programs of drug and violence prevention, early
intervention, rehabilitation referral, and education;
[(3) States for development, training, technical
assistance, and coordination activities;
[(4) public and private nonprofit organizations to
conduct training, demonstrations, and evaluation, and
to provide supplementary services for the prevention of
drug use and violence among students and youth; and
[(5) institutions of higher education to establish,
operate, expand, and improve programs of school drug
and violence prevention, education, and rehabilitation
referral for students enrolled in colleges and
universities.
[SEC. 4004. FUNDING.
[There are authorized to be appropriated--
[(1) $630,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding
fiscal years, for State grants under subpart 1; and
[(2) $25,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding
fiscal years, for national programs under subpart 2.
[PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
[Subpart 1--State Grants for Drug and Violence Prevention Programs
[SEC. 4011. RESERVATIONS AND ALLOTMENTS.
[(a) Reservations.--From the amount made available under
section 4004(a) to carry out this subpart for each fiscal year,
the Secretary--
[(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, to be allotted in accordance with the
Secretary's determination of their respective needs;
[(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under
this part for Indian youth;
[(3) may reserve not more than $1,000,000 for the
national impact evaluation required by section 4117(a);
and
[(4) shall reserve 0.2 percent of such amount for
programs for Native Hawaiians under section 4118.
[(b) State Allotments.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary shall, for each fiscal year,
allocate among the States--
[(A) one-half of the remainder not reserved
under subsection (a) according to the ratio
between the school-aged population of each
State and the school-aged population of all the
States; and
[(B) one-half of such remainder according to
the ratio between the amount each State
received under part A of title I for the
preceding year (or, for fiscal year 1995 only,
sections 1005 and 1006 of this Act as such
sections were in existence on the day preceding
the date of enactment of the Improving
America's Schools Act of 1994) and the sum of
such amounts received by all the States.
[(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less
than one-half of 1 percent of the total amount allotted
to all the States under this subsection.
[(3) Reallotment.--The Secretary may reallot any
amount of any allotment to a State if the Secretary
determines that the State will be unable to use such
amount within two years of such allotment. Such
reallotments shall be made on the same basis as
allotments are made under paragraph (1).
[(4) Definitions.--For the purpose of this
subsection--
[(A) the term ``State'' means each of the 50
States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
[(B) the term ``local educational agency''
includes educational service agencies and
consortia of such agencies.
[SEC. 4112. STATE APPLICATIONS.
[(a) In General.--In order to receive an allotment under
section 4111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
[(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals
2000: Educate America Act, and other Acts, as
appropriate, in accordance with the provisions of
section 14306;
[(2) contains the results of the State's needs
assessment for drug and violence prevention programs,
which shall be based on the results of on-going State
evaluation activities, including data on the prevalence
of drug use and violence by youth in schools and
communities;
[(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed separately by such officer or agency,
respectively, but in consultation and coordination with
appropriate State officials and others, including the
chief State school officer, the chief executive
officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State criminal justice
planning agency, the head of the State child welfare
agency, the head of the State board of education, or
their designees, and representatives of parents,
students, and community-based organizations;
[(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in conducting
a national impact evaluation of programs required by
section 4117(a); and
[(5) includes any other information the Secretary may
require.
[(b) State Educational Agency Funds.--A State's application
under this section shall also contain a comprehensive plan for
the use of funds under section 4113(a) by the State educational
agency that includes--
[(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures such
agency will use for assessing and publicly reporting
progress toward meeting those goals and objectives;
[(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local
educational agencies in accordance with section 4116;
[(3) a description of how the State educational
agency will use funds under section 4113(b);
[(4) a description of how the State educational
agency will coordinate such agency's activities under
this subpart with the chief executive officer's drug
and violence prevention programs under this subpart and
with the prevention efforts of other State agencies;
[(5) an explanation of the criteria the State
educational agency will use to identify which local
educational agencies receive supplemental funds under
section 4113(d)(2)(A)(ii) and how the supplemental
funds will be allocated among such local educational
agencies; and
[(6) a description of the procedures the State
educational agency will use to review applications from
local educational agencies under section 4115.
[(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use of
funds under section 4114(a) by the chief executive officer that
includes--
[(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be
used for assessing and publicly reporting progress
toward meeting such goals and objectives;
[(2) a description of how the chief executive officer
will coordinate such officer's activities under this
part with the State educational agency and other State
agencies and organizations involved with drug and
violence prevention efforts;
[(3) a description of how funds reserved under
section 4114(a) will be used so as not to duplicate the
efforts of the State educational agency and local
educational agencies with regard to the provision of
school-based prevention efforts and services and how
those funds will be used to serve populations not
normally served by the State educational agency, such
as school dropouts and youth in detention centers;
[(4) a description of how the chief executive officer
will award funds under section 4114(a) and a plan for
monitoring the performance of, and providing technical
assistance to, recipients of such funds;
[(5) a description of the special outreach activities
that will be carried out to maximize the participation
of community-based organizations of demonstrated
effectiveness which provide services in low-income
communities; and
[(6) a description of how funds will be used to
support community-wide comprehensive drug and violence
prevention planning.
[(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
[(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal year
1995 a one-year interim application and plan for the use of
funds under this subpart that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review such State's
application and comprehensive plan otherwise required by this
section. A State may not receive a grant under this subpart for
a fiscal year subsequent to fiscal year 1995 unless the
Secretary has approved such State's application and
comprehensive plan in accordance with this subpart.
[SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
[(a) Use of Funds.--
[(1) In general.--Except as provided in paragraph
(2), an amount equal to 80 percent of the total amount
allocated to a State under section 4111 for each fiscal
year shall be used by the State educational agency and
its local educational agencies for drug and violence
prevention activities in accordance with this section.
[(2) Exception.--(A) If a State has, on or before
January 1, 1994, established an independent State
agency for the purpose of administering all of the
funds described in section 5121 of this Act (as such
section was in effect on the day preceding the date of
the enactment of the Improving America's Schools Act of
1994), then--
[(i) an amount equal to 80 percent of the
total amount allocated to such State under
section 4111 for each fiscal year shall be used
by the State educational agency and its local
educational agencies for drug and violence
prevention activities in accordance with this
section; and
[(ii) an amount equal to 20 percent of such
total amount shall be used by such independent
State agency for drug and violence prevention
activities in accordance with this section.
[(B) Not more than 5 percent of the amount reserved
under subparagraph (A)(ii) may be used for
administrative costs of the independent State agency
incurred in carrying out the activities described in
such subparagraph.
[(C) For purposes of this paragraph, the term
``independent State agency'' means an independent
agency with a board of directors or a cabinet level
agency whose chief executive officer is appointed by
the chief executive officer of the State and confirmed
with the advice and consent of the senate of such
State.
[(b) State Level Programs.--
[(1) In general.--A State educational agency shall
use not more than 5 percent of the amount available
under subsection (a) for activities such as--
[(A) training and technical assistance
concerning drug and violence prevention for
local educational agencies and educational
service agencies, including teachers,
administrators, coaches and athletic directors,
other staff, parents, students, community
leaders, health service providers, local law
enforcement officials, and judicial officials;
[(B) the development, identification,
dissemination, and evaluation of the most
readily available, accurate, and up-to-date
curriculum materials (including videotapes,
software, and other technology-based learning
resources), for consideration by local
educational agencies;
[(C) making available to local educational
agencies cost effective programs for youth
violence and drug abuse prevention;
[(D) demonstration projects in drug and
violence prevention;
[(E) training, technical assistance, and
demonstration projects to address violence
associated with prejudice and intolerance;
[(F) financial assistance to enhance
resources available for drug and violence
prevention in areas serving large numbers of
economically disadvantaged children or sparsely
populated areas, or to meet other special needs
consistent with the purposes of this subpart;
and
[(G) the evaluation of activities carried out
within the State under this part.
[(2) Special rule.--A State educational agency may
carry out activities under this subsection directly, or
through grants or contracts.
[(c) State Administration.--A State educational agency may
use not more than 4 percent of the amount reserved under
subsection (a) for the administrative costs of carrying out its
responsibilities under this part.
[(d) Local Educational Agency Programs.--
[(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to
local educational agencies in accordance with this
subsection.
[(2) Distribution.--(A) Of the amount distributed
under paragraph (1), a State educational agency shall
distribute--
[(i) 70 percent of such amount to local
educational agencies, based on the relative
enrollments in public and private nonprofit
elementary and secondary schools within the
boundaries of such agencies; and
[(ii) 30 percent of such amount to local
educational agencies that the State educational
agency determines have the greatest need for
additional funds to carry out drug and violence
prevention programs authorized by this subpart.
[(B) Where appropriate and to the extent consistent
with the needs assessment conducted by the State, not
less than 25 percent of the amount distributed under
subparagraph (A)(ii) for a fiscal year shall be
distributed to local educational agencies located in
rural and urban areas.
[(C)(i) A State educational agency shall distribute
funds under subparagraph (A)(ii) to not more than 10
percent of the local educational agencies in the State,
or five such agencies, whichever is greater.
[(ii) In determining which local educational agencies
have the greatest need for additional funds, the State
educational agency shall consider objective data such
as--
[(I) high rates of alcohol or drug use among
youth;
[(II) high rates of victimization of youth by
violence and crime;
[(III) high rates of arrests and convictions
of youth for violent or drug- or alcohol-
related crime;
[(IV) the extent of illegal gang activity;
[(V) high incidence of violence associated
with prejudice and intolerance;
[(VI) high rates of referrals of youths to
drug and alcohol abuse treatment and
rehabilitation programs;
[(VII) high rates of referrals of youths to
juvenile court;
[(VIII) high rates of expulsions and
suspensions of students from schools; and
[(IX) high rates of reported cases of child
abuse and domestic violence.
[(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to such
agency under subsection (d), or if such agency's application
under section 4115 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of the local educational agencies
determined by the State educational agency under subsection
(d)(2)(C)(ii) to have the greatest need for additional funds.
[(f) Return of Funds to State Educational Agency;
Reallocation.--
[(1) Return.--Except as provided in paragraph (2),
upon the expiration of the 1-year period beginning on
the date that a local educational agency or educational
service agency under this title receives its allocation
under this title--
[(A) such agency shall return to the State
educational agency any funds from such
allocation that remain unobligated; and
[(B) the State educational agency shall
reallocate any such amount to local educational
agencies or educational service agencies that
have plans for using such amount for programs
or activities on a timely basis.
[(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
[(A) an amount equal to not more than 25
percent of the allocation it receives under
this title for such fiscal year; or
[(B) upon a demonstration of good cause by
such agency or consortium, a greater amount
approved by the State educational agency.
[SEC. 4114. GOVERNOR'S PROGRAMS.
[(a) Use of Funds.--
[(1) In general.--An amount equal to 20 percent of
the total amount allocated to a State under section
4111(1) for each fiscal year shall be used by the chief
executive officer of such State for drug and violence
prevention programs and activities in accordance with
this section.
[(2) Law enforcement education partnerships.--A chief
executive officer shall use not less than 10 percent of
the 20 percent of the total amount described in
paragraph (1) for each fiscal year for law enforcement
education partnerships in accordance with subsection
(d).
[(3) Administrative costs.--A chief executive officer
may use not more than 5 percent of the 20 percent of
the total amount described in paragraph (1) for the
administrative costs incurred in carrying out the
duties of such officer under this section.
[(b) Programs Authorized.--
[(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) for grants
to or contracts with parent groups, community action
and job training agencies, community-based
organizations, and other public entities and private
nonprofit organizations and consortia thereof. In
making such grants and contracts, a chief executive
officer shall give priority to programs and activities
described in subsection (c) for--
[(A) children and youth who are not normally
served by State or local educational agencies;
or
[(B) populations that need special services
or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
[(2) Peer review.--Grants or contracts awarded under
this subsection shall be subject to a peer review
process.
[(c) Authorized Activities.--Grants and contracts under
subsection (b) shall be used for programs and activities such
as--
[(1) disseminating information about drug and
violence prevention;
[(2) training parents, law enforcement officials,
judicial officials, social service providers, health
service providers and community leaders about drug and
violence prevention, comprehensive health education,
early intervention, pupil services, or rehabilitation
referral;
[(3) developing and implementing comprehensive,
community-based drug and violence prevention programs
that link community resources with schools and
integrate services involving education, vocational and
job skills training and placement, law enforcement,
health, mental health, community service, mentoring,
and other appropriate services;
[(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of
State agencies with efforts of the State educational
agency and its local educational agencies;
[(5) activities to protect students traveling to and
from school;
[(6) before-and-after school recreational,
instructional, cultural, and artistic programs that
encourage drug- and violence-free lifestyles;
[(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
[(8) developing and implementing activities to
prevent and reduce violence associated with prejudice
and intolerance;
[(9) developing and implementing strategies to
prevent illegal gang activity;
[(10) coordinating and conducting community-wide
violence and safety assessments and surveys;
[(11) service-learning projects that encourage drug-
and violence-free lifestyles; and
[(12) evaluating programs and activities assisted
under this section.
[(d) Law Enforcement Education Partnerships.--A chief
executive officer shall use funds under subsection (a)(2) to
award grants to State, county or local law enforcement agencies
(including district attorneys) in consortium with local
educational agencies or community-based agencies for the
purposes of carrying out drug abuse and violence prevention
activities, such as--
[(1) Project Drug Abuse Resistance Education and
other programs which provide classroom instruction by
uniformed law enforcement officials that is designed to
teach students to recognize and resist pressures to
experiment that influence such children to use
controlled substances or alcohol;
[(2) Project Legal Lives and other programs in which
district attorneys provide classroom instruction in the
law and legal system which emphasizes interactive
learning techniques, such as mock trial competitions;
[(3) partnerships between law enforcement and child
guidance professionals; and
[(4) before- and after-school activities.
[SEC. 4115. LOCAL APPLICATIONS.
[(a) Application Required.--
[(1) In general.--In order to be eligible to receive
a distribution under section 4113(d) for any fiscal
year, a local educational agency shall submit, at such
time as the State educational agency requires, an
application to the State educational agency for
approval. Such an application shall be amended, as
necessary, to reflect changes in the local educational
agency's program.
[(2) Development.--(A) A local educational agency
shall develop its application under subsection (a)(1)
in consultation with a local or substate regional
advisory council that includes, to the extent possible,
representatives of local government, business, parents,
students, teachers, pupil services personnel,
appropriate State agencies, private schools, the
medical profession, law enforcement, community-based
organizations, and other groups with interest and
expertise in drug and violence prevention.
[(B) In addition to assisting the local educational
agency to develop an application under this section,
the advisory council established or designated under
subparagraph (A) shall, on an ongoing basis--
[(i) disseminate information about drug and
violence prevention programs, projects, and
activities conducted within the boundaries of
the local educational agency;
[(ii) advise the local educational agency
regarding--
[(I) how best to coordinate such
agency's activities under this subpart
with other related programs, projects,
and activities; and
[(II) the agencies that administer
such programs, projects, and
activities; and
[(iii) review program evaluations and other
relevant material and make recommendations to
the local educational agency on how to improve
such agency's drug and violence prevention
programs.
[(b) Contents of Applications.--An application under this
section shall contain--
[(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend the schools of the applicant
(including private school students who participate in
the applicant's drug and violence prevention program)
that is based on ongoing local assessment or evaluation
activities;
[(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence
prevention, which shall include a description of--
[(A) how the plan will be coordinated with
programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as
appropriate, in accordance with the provisions
of section 14306;
[(B) the local educational agency's
measurable goals for drug and violence
prevention, and a description of how such
agency will assess and publicly report progress
toward attaining these goals;
[(C) how the local educational agency will
use its distribution under this subpart;
[(D) how the local educational agency will
coordinate such agency's programs and projects
with community-wide efforts to achieve such
agency's goals for drug and violence
prevention; and
[(E) how the local educational agency will
coordinate such agency's programs and projects
with other Federal, State, and local programs
for drug-abuse prevention, including health
programs; and
[(3) such other information and assurances as the
State educational agency may reasonably require.
[(c) Review of Application.--
[(1) In general.--In reviewing local applications
under this section, a State educational agency shall
use a peer review process or other methods of assuring
the quality of such applications.
[(2) Considerations.--(A) In determining whether to
approve the application of a local educational agency
under this section, a State educational agency shall
consider the quality of the local educational agency's
comprehensive plan under subsection (b)(2) and the
extent to which such plan is coordinated with programs
under this Act, the Goals 2000: Educate America Act, in
accordance with the provisions of section 14306.
[(B) A State educational agency may disapprove a
local educational agency application under this section
in whole or in part and may withhold, limit, or place
restrictions on the use of funds allotted to such a
local educational agency in a manner the State
educational agency determines will best promote the
purposes of this part, except that a local educational
agency shall be afforded an opportunity to appeal any
such disapproval.
[SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
[(a) Program Requirements.--A local educational agency shall
use funds received under this subpart to adopt and carry out a
comprehensive drug and violence prevention program which
shall--
[(1) be designed, for all students and employees,
to--
[(A) prevent the use, possession, and
distribution of tobacco, alcohol, and illegal
drugs by students and to prevent the illegal
use, possession, and distribution of such
substances by employees;
[(B) prevent violence and promote school
safety; and
[(C) create a disciplined environment
conducive to learning; and
[(2) include activities to promote the involvement of
parents and coordination with community groups and
agencies, including the distribution of information
about the local educational agency's needs, goals, and
programs under this subpart.
[(b) Authorized Activities.--A comprehensive drug and
violence prevention program carried out under this subpart may
include--
[(1) age-appropriate, developmentally based drug
prevention and education programs for all students,
from the preschool level through grade 12, that address
the legal, social, personal and health consequences of
the use of illegal drugs, promote a sense of individual
responsibility, and provide information about effective
techniques for resisting peer pressure to use illegal
drugs;
[(2) programs of drug prevention, comprehensive
health education, early intervention, pupil services,
mentoring, or rehabilitation referral, which emphasize
students' sense of individual responsibility and which
may include--
[(A) the dissemination of information about
drug prevention;
[(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, health service
providers and community leaders in prevention,
education, early intervention, pupil services
or rehabilitation referral; and
[(C) the implementation of strategies,
including strategies to integrate the delivery
of services from a variety of providers, to
combat illegal alcohol, tobacco and drug use,
such as--
[(i) family counseling;
[(ii) early intervention activities
that prevent family dysfunction,
enhance school performance, and boost
attachment to school and family; and
[(iii) activities, such as community
service and service-learning projects,
that are designed to increase students'
sense of community;
[(3) age-appropriate, developmentally based violence
prevention and education programs for all students,
from the preschool level through grade 12, that address
the legal, health, personal, and social consequences of
violent and disruptive behavior, including sexual
harassment and abuse, and victimization associated with
prejudice and intolerance, and that include activities
designed to help students develop a sense of individual
responsibility and respect for the rights of others,
and to resolve conflicts without violence;
[(4) violence prevention programs for school-aged
youth, which emphasize students' sense of individual
responsibility and may include--
[(A) the dissemination of information about
school safety and discipline;
[(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, and community
leaders in designing and implementing
strategies to prevent school violence;
[(C) the implementation of strategies, such
as conflict resolution and peer mediation,
student outreach efforts against violence,
anti-crime youth councils (which work with
school and community-based organizations to
discuss and develop crime prevention
strategies), and the use of mentoring programs,
to combat school violence and other forms of
disruptive behavior, such as sexual harassment
and abuse; and
[(D) the development and implementation of
character education and training programs that
reflect the values of parents, teachers, and
local communities, and incorporate elements of
good character, including honesty, citizenship,
courage, justice, respect, personal
responsibility, and trustworthiness; and
[(E) comprehensive, community-wide strategies
to prevent or reduce illegal gang activities;
[(5) supporting ``safe zones of passage'' for
students between home and school through such measures
as Drug- and Weapon-Free School Zones, enhanced law
enforcement, and neighborhood patrols;
[(6) acquiring and installing metal detectors and
hiring security personnel;
[(7) professional development for teachers and other
staff and curricula that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
[(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic
programs in supervised community settings;
[(9) drug abuse resistance education programs,
designed to teach students to recognize and resist
pressures to use alcohol or other drugs, which may
include activities such as classroom instruction by
uniformed law enforcement officers, resistance
techniques, resistance to peer pressure and gang
pressure, and provision for parental involvement; and
[(10) the evaluation of any of the activities
authorized under this subsection.
[(c) Limitations.--
[(1) In general.--Not more than 20 percent of the
funds made available to a local educational agency
under this subpart may be used to carry out the
activities described in paragraphs (5) and (6) of
subsection (b).
[(2) Special rule.--A local educational agency shall
only be able to use funds received under this subpart
for activities described in paragraphs (5) and (6) of
subsection (b) if funding for such activities is not
received from other Federal agencies.
[(d) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995,
under part B of the Drug-Free Schools and Communities Act of
1986 (as in effect prior to enactment of the Improving
America's Schools Act) for the support of a comprehensive
school health program shall be deemed to have been authorized
by part B of such Act.
[SEC. 4117. EVALUATION AND REPORTING.
[(a) National Impact Evaluation.--
[(1) Biennial evaluation.--The Secretary, in
consultation with the Secretary of Health and Human
Services, the Director of the Office of National Drug
Control Policy, and the Attorney General, shall conduct
an independent biennial evaluation of the national
impact of programs assisted under this subpart and of
other recent and new initiatives to combat violence in
schools and submit a report of the findings of such
evaluation to the President and the Congress.
[(2) Data collection.--(A) The National Center for
Education Statistics shall collect data to determine
the frequency, seriousness, and incidence of violence
in elementary and secondary schools in the States. The
Secretary shall collect the data using, wherever
appropriate, data submitted by the States pursuant to
subsection (b)(2)(B).
[(B) Not later than January 1, 1998, the Secretary
shall submit to the Congress a report on the data
collected under this subsection, together with such
recommendations as the Secretary determines
appropriate, including estimated costs for implementing
any recommendation.
[(b) State Report.--
[(1) In general.--By October 1, 1997, and every third
year thereafter, the chief executive officer of the
State, in cooperation with the State educational
agency, shall submit to the Secretary a report--
[(A) on the implementation and outcomes of
State programs under section 4114 and section
4113(b) and local educational agency programs
under section 4113(d), as well as an assessment
of their effectiveness; and
[(B) on the State's progress toward attaining
its goals for drug and violence prevention
under subsections (b)(1) and (c)(1) of section
4112.
[(2) Special rule.--The report required by this
subsection shall be--
[(A) in the form specified by the Secretary;
[(B) based on the State's ongoing evaluation
activities, and shall include data on the
prevalence of drug use and violence by youth in
schools and communities; and
[(C) made readily available to the public.
[(c) Local Educational Agency Report.--Each local educational
agency receiving funds under this subpart shall submit to the
State educational agency such information, and at such
intervals, that the State requires to complete the State report
required by subsection (b), including information on the
prevalence of drug use and violence by youth in the schools and
the community. Such information shall be made readily available
to the public.
[SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
[(a) General Authority.--From the funds made available
pursuant to section 4111(a)(4) to carry out this section, the
Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are authorized
by and consistent with the provisions of this title for the
benefit of Native Hawaiians.
[(b) Definition of Native Hawaiian.--For the purposes of this
section, the term ``Native Hawaiian'' means any individual any
of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
[Subpart 2--National Programs
[SEC. 4121. FEDERAL ACTIVITIES.
[(a) Program Authorized.--From funds made available to carry
out this subpart under section 4004(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, the
Chair of the Ounce of Prevention Council, and the Attorney
General, shall carry out programs to prevent the illegal use of
drugs and violence among, and promote safety and discipline
for, students at all educational levels from preschool through
the postsecondary level. The Secretary shall carry out such
programs directly, or through grants, contracts, or cooperative
agreements with public and private nonprofit organizations and
individuals, or through agreements with other Federal agencies,
and shall coordinate such programs with other appropriate
Federal activities. Such programs may include--
[(1) the development and demonstration of innovative
strategies for training school personnel, parents, and
members of the community, including the demonstration
of model preservice training programs for prospective
school personnel;
[(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence prevention;
[(3) the provision of information on drug abuse
education and prevention to the Secretary of Health and
Human Services for dissemination by the clearinghouse
for alcohol and drug abuse information established
under section 501(d)(16) of the Public Health Service
Act;
[(4) the development of curricula related to child
abuse prevention and education and the training of
personnel to teach child abuse education and prevention
to elementary and secondary schoolchildren;
[(5) program evaluations in accordance with section
14701 that address issues not addressed under section
4117(a);
[(6) direct services to schools and school systems
afflicted with especially severe drug and violence
problems;
[(7) activities in communities designated as
empowerment zones or enterprise communities that will
connect schools to community-wide efforts to reduce
drug and violence problems;
[(8) developing and disseminating drug and violence
prevention materials, including video-based projects
and model curricula;
[(9) developing and implementing a comprehensive
violence prevention strategy for schools and
communities, that may include conflict resolution, peer
mediation, the teaching of law and legal concepts, and
other activities designed to stop violence;
[(10) the implementation of innovative activities,
such as community service projects, designed to rebuild
safe and healthy neighborhoods and increase students'
sense of individual responsibility;
[(11) grants to noncommercial telecommunications
entities for the production and distribution of
national video-based projects that provide young people
with models for conflict resolution and responsible
decisionmaking;
[(12) the development of education and training
programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
motivated by hate in localities most directly affected
by hate crimes; and
[(13) other activities that meet unmet national needs
related to the purposes of this title.
[(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this section.
[SEC. 4123. HATE CRIME PREVENTION.
[(a) Grant Authorization.--From funds made available to carry
out this subpart under section 4004(1) the Secretary may make
grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
[(b) Use of Funds.--
[(1) Program development.--Grants under this section
may be used to improve elementary and secondary
educational efforts, including--
[(A) development of education and training
programs designed to prevent and to reduce the
incidence of crimes and conflicts motivated by
hate;
[(B) development of curricula for the purpose
of improving conflict or dispute resolution
skills of students, teachers, and
administrators;
[(C) development and acquisition of equipment
and instructional materials to meet the needs
of, or otherwise be part of, hate crime or
conflict programs; and
[(D) professional training and development
for teachers and administrators on the causes,
effects, and resolutions of hate crimes or
hate-based conflicts.
[(2) In general.--In order to be eligible to receive
a grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall
submit an application to the Secretary in such form and
containing such information as the office may
reasonably require.
[(3) Requirements.--Each application under paragraph
(2) shall include--
[(A) a request for funds for the purposes
described in this section;
[(B) a description of the schools and
communities to be served by the grants; and
[(C) assurances that Federal funds received
under this section shall be used to supplement,
not supplant, non-Federal funds.
[(4) Comprehensive plan.--Each application shall
include a comprehensive plan that contains--
[(A) a description of the hate crime or
conflict problems within the schools or the
community targeted for assistance;
[(B) a description of the program to be
developed or augmented by such Federal and
matching funds;
[(C) assurances that such program or activity
shall be administered by or under the
supervision of the applicant;
[(D) proper and efficient administration of
such program; and
[(E) fiscal control and fund accounting
procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this
section.
[(c) Award of Grants.--
[(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts
motivated by bias in the targeted schools and
communities in awarding grants under this section.
[(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an
equitable geographic distribution of grant awards.
[(3) Dissemination of information.--The Secretary
shall attempt, to the extent practicable, to make
available information regarding successful hate crime
prevention programs, including programs established or
expanded with grants under this section.
[(d) Reports.--The Secretary shall submit to the Congress a
report every two years which shall contain a detailed statement
regarding grants and awards, activities of grant recipients,
and an evaluation of programs established under this section.
[Subpart 3--General Provisions
[SEC. 4131. DEFINITIONS.
[For the purposes of this part:
[(1) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization which is representative of a
community or significant segments of a community and
which provides educational or related services to
individuals in the community.
[(2) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
[(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or
education related to the illegal use of alcohol
and the use of controlled, illegal, addictive,
or harmful substances, including inhalants and
anabolic steroids;
[(B) prevention, early intervention, smoking
cessation activities, or education, related to
the use of tobacco by children and youth
eligible for services under this title; and
[(C) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, including sexual harassment and abuse,
and victimization associated with prejudice and
intolerance, on school premises, going to and
from school, and at school-sponsored
activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
[(3) Hate crime.--The term ``hate crime'' means a
crime as described in section 1(b) of the Hate Crime
Statistics Act of 1990.
[(4) Nonprofit.--The term ``nonprofit'', as applied
to a school, agency, organization, or institution means
a school, agency, organization, or institution owned
and operated by one or more nonprofit corporations or
associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
[(5) School-aged population.--The term ``school-aged
population'' means the population aged five through 17,
as determined by the Secretary on the basis of the most
recent satisfactory data available from the Department
of Commerce.
[(6) School personnel.--The term ``school personnel''
includes teachers, administrators, guidance counselors,
social workers, psychologists, nurses, librarians, and
other support staff who are employed by a school or who
perform services for the school on a contractual basis.
[SEC. 4132. MATERIALS.
[(a) ``Wrong and Harmful'' Message.--Drug prevention programs
supported under this part shall convey a clear and consistent
message that the illegal use of alcohol and other drugs is
wrong and harmful.
[(b) Curriculum.--The Secretary shall not prescribe the use
of specific curricula for programs supported under this part,
but may evaluate the effectiveness of such curricula and other
strategies in drug and violence prevention.
[SEC. 4133. PROHIBITED USES OF FUNDS.
[No funds under this part may be used for--
[(1) construction (except for minor remodeling needed
to accomplish the purposes of this part); and
[(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of or
witnesses to crime or who use alcohol, tobacco, or
drugs.
[SEC. 4134. QUALITY RATING.
[(a) In General.--The chief executive officer of each State,
or in the case of a State in which the constitution or law of
such State designates another individual, entity, or agency in
the State to be responsible for education activities, such
individual, entity, or agency, is authorized and encouraged--
[(1) to establish a standard of quality for drug,
alcohol, and tobacco prevention programs implemented in
public elementary schools and secondary schools in the
State in accordance with subsection (b); and
[(2) to identify and designate, upon application by a
public elementary school or secondary school, any such
school that achieves such standard as a quality program
school.
[(b) Criteria.--The standard referred to in subsection (a)
shall address, at a minimum--
[(1) a comparison of the rate of illegal use of
drugs, alcohol, and tobacco by students enrolled in the
school for a period of time to be determined by the
chief executive officer of the State;
[(2) the rate of suspensions or expulsions of
students enrolled in the school for drug, alcohol, or
tobacco-related offenses;
[(3) the effectiveness of the drug, alcohol, or
tobacco prevention program as proven by research;
[(4) the involvement of parents and community members
in the design of the drug, alcohol, and tobacco
prevention program; and
[(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before
implementation of the public school program.
[(c) Request for Quality Program School Designation.--A
school that wishes to receive a quality program school
designation shall submit a request and documentation of
compliance with this section to the chief executive officer of
the State or the individual, entity, or agency described in
subsection (a), as the case may be.
[(d) Public Notification.--Not less than once a year, the
chief executive officer of each State or the individual,
entity, or agency described in subsection (a), as the case may
be, shall make available to the public a list of the names of
each public school in the State that has received a quality
program school designation in accordance with this section.]
TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
PART A--INNOVATIVE PROGRAMS
Subpart 1--State and Local Innovative Programs
SEC. 4101. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress finds that this subpart--
(1) provides flexibility to meet local needs;
(2) promotes local and State education reforms;
(3) contributes to the improvement of academic
achievement for all students;
(4) provides funding for critical activities; and
(5) provides services for private school students.
(b) Statement of Purpose.--It is the purpose of programs
under this subpart--
(1) to provide funding to enable States and local
educational agencies to implement promising educational
reform programs and school improvement initiatives
based on scientifically based research;
(2) to provide a continuing source of innovation and
educational improvement, including support for library
services and instructional and media materials; and
(3) to meet the educational needs of all students,
including at-risk youth.
(c) State and Local Responsibility.--
(1) In general.--The States shall have the basic
responsibility for the administration of funds made
available under this subpart, but such administration
shall be carried out with a minimum of paperwork.
(2) Design and implementation.--Notwithstanding
paragraph (1), local educational agencies, school
superintendents and principals, and classroom teachers
and supporting personnel shall be mainly responsible
for the design and implementation of programs assisted
under this subpart, because such agencies and
individuals have the most direct contact with students
and are most likely to be able to design programs to
meet the educational needs of students in their own
school districts.
CHAPTER 1--STATE AND LOCAL PROGRAMS
SEC. 4111. ALLOCATION TO STATES.
(a) Reservations.--From the sums appropriated to carry out
this subpart for each fiscal year, the Secretary shall reserve
not more than 1 percent for payments to outlying areas to be
allotted in accordance with their respective needs.
(b) Allocation of remainder.--From the remainder of such
sums, the Secretary shall allocate, and make available in
accordance with this subpart, to each State an amount which
bears the same ratio to the amount of such remainder as the
school-age population of the State bears to the school-age
population of all States, except that no State shall receive
less than an amount equal to \1/2\ of 1 percent of such
remainder.
SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
(a) Distribution Rule.--
(1) In general.--Subject to paragraph (2), from the
sums made available each year to carry out this
subpart, the State shall distribute not less than 85
percent to local educational agencies within such State
according to the relative enrollments in public and
private, nonprofit schools within the jurisdictions of
such agencies, adjusted, in accordance with criteria
approved by the Secretary, to provide higher per-pupil
allocations to local educational agencies that have the
greatest numbers or percentages of children whose
education imposes a higher than average cost per child,
such as--
(A) children living in areas with high
concentrations of economically disadvantaged
families;
(B) children from economically disadvantaged
families; and
(C) children living in sparsely populated
areas.
(2) Exception.--100 percent of any amount by which
the funds paid to a State under this subpart for a
fiscal year exceed the amount of such funds paid to the
State for fiscal year 2001 shall be distributed to
local educational agencies and used locally for
innovative assistance described in section 4131(b).
(3) Limitation on use of funds for administration.--
In each fiscal year, a State may use not more than 25
percent of the funds available for State programs under
this subpart for State administration under section
4121.
(b) Calculation of Enrollments.--
(1) In general.--The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of--
(A) the number of children enrolled in public
schools; and
(B) the number of children enrolled in
private, nonprofit schools whose parents would
like their children to participate in programs
or projects assisted under this subpart, for
the fiscal year preceding the fiscal year for
which the determination is made.
(2) Construction.--Nothing in this subsection shall
diminish the responsibility of each local educational
agency to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children
participate in programs assisted under this chapter.
(3) Adjustments.--
(A) In general.--Relative enrollments
calculated under subsection (a)(1) shall be
adjusted, in accordance with criteria approved
by the Secretary under subparagraph (B), to
provide higher per-pupil allocations only to
local educational agencies that serve the
greatest numbers or percentages of--
(i) children living in areas with
high concentrations of economically
disadvantaged families;
(ii) children from economically
disadvantaged families; or
(iii) children living in sparsely
populated areas.
(B) Criteria.--The Secretary shall review
criteria submitted by a State for adjusting
allocations under paragraph (1) and shall
approve such criteria only if the Secretary
determines that such criteria are reasonably
calculated to produce an adjusted allocation
that reflects the relative needs of the State's
local educational agencies based on the factors
set forth in subparagraph (A).
(c) Payment of Allocations.--
(1) Distribution.--From the funds paid to a State
under this subpart for a fiscal year, a State shall
distribute to each eligible local educational agency
that has submitted an application as required in
section 4133 the amount of such local educational
agency's allocation, as determined under subsection
(a).
(2) Additional funds.--
(A) In general.--Additional funds resulting
from higher per-pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public and private, nonprofit
schools in direct proportion to the number of
children described in subsection (a)(1) and
enrolled in such schools within the local
educational agency.
(B) Election.--In any fiscal year, any local
educational agency that elects to allocate such
additional funds in the manner described in
subparagraph (A) shall allocate all additional
funds to schools within the local educational
agency in such manner.
(C) Construction.--Subparagraphs (A) and (B)
may not be construed to require any school to
limit the use of the additional funds described
in subparagraph (A) to the provision of
services to specific students or categories of
students.
CHAPTER 2--STATE PROGRAMS
SEC. 4121. STATE USE OF FUNDS.
A State may use funds made available for State use under this
subpart only for--
(1) State administration of programs under this
subpart including--
(A) supervision of the allocation of funds to
local educational agencies;
(B) planning, supervision, and processing of
State funds; and
(C) monitoring and evaluation of programs and
activities under this subpart;
(2) support for planning, designing, and initial
implementation of charter schools as described in part
B;
(3) statewide education reform and school improvement
activities and technical assistance and direct grants
to local educational agencies which assist such
agencies under section 4131; and
(4) support for arrangements that provide for
independent analysis to measure and report on school
district achievement.
SEC. 4122. STATE APPLICATIONS.
(a) Application Requirements.--If a State seeks to receive
assistance under this subpart, the individual, entity, or
agency responsible for public elementary and secondary
education policy under the State constitution or State law
shall submit to the Secretary an application that--
(1) provides for an annual statewide summary of how
assistance under this subpart is contributing toward
improving student achievement or improving the quality
of education for students;
(2) provides information setting forth the allocation
of such funds required to implement section 4142;
(3) provides that the State will keep such records
and provide such information to the Secretary as may be
required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary
under this section);
(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this
subpart, the State has not exercised and will not
exercise any influence in the decisionmaking processes
of local educational agencies as to the expenditure
made pursuant to an application under section 4133;
(5) contains assurances that there is compliance with
the specific requirements of this subpart; and
(6) provides for timely public notice and public
dissemination of the information provided under
paragraph (2).
(b) Statewide Summary.--The statewide summary referred to in
subsection (a)(1) shall be submitted to the Secretary and shall
be derived from the evaluation information submitted by local
educational agencies to the State under section 4133(a)(2)(H).
The format and content of such summary shall be in the
discretion of the State and may include statistical measures
such as the number of students served by each type of
innovative assistance described in section 4131(b), including
the number of teachers trained.
(c) Period of Application.--An application filed by the State
under subsection (a) shall be for a period not to exceed 3
years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
(d) Audit Limitation.--Each local educational agency
receiving less than an average of $5,000 under this subpart may
not be audited more frequently than once every 5 years.
CHAPTER 3--LOCAL INNOVATIVE EDUCATION PROGRAMS
SEC. 4131. USE OF FUNDS.
(a) In General.--Funds made available to local educational
agencies under section 4112 shall be used for innovative
assistance programs described in subsection (b).
(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) may include--
(1) professional development activities and the
hiring of teachers, including activities carried out in
accordance with title II, that give teachers,
principals, and administrators the knowledge and skills
to provide students with the opportunity to meet
challenging State or local academic content standards
and student achievement standards;
(2) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers, and other school
officials, regarding how to use effectively such
equipment and software;
(3) programs for the development or acquisition and
use of instructional and educational materials,
including library services and materials (including
media materials), academic assessments, reference
materials, computer software and hardware for
instructional use, and other curricular materials that
are tied to high academic standards, that will be used
to improve student achievement, and that are part of an
overall education reform program;
(4) promising education reform projects, including
effective schools and magnet schools;
(5) programs to improve the academic skills of
disadvantaged elementary and secondary school students
and to prevent students from dropping out of school;
(6) programs to combat illiteracy;
(7) programs to provide for the educational needs of
gifted and talented children;
(8) planning, designing, and initial implementation
of charter schools as described in part B;
(9) school improvement programs or activities under
sections 1116 and 1117;
(10) community service programs that use qualified
school personnel to train and mobilize young people to
measurably strengthen their communities through
nonviolence, responsibility, compassion, respect, and
moral courage;
(11) activities to promote consumer, economic, and
personal finance education, such as disseminating and
encouraging the best practices for teaching the basic
principles of economics and promoting the concept of
achieving financial literacy through the teaching of
personal financial management skills (including the
basic principles involved with earning, spending,
saving, and investing);
(12) activities to promote, implement, or expand
public school choice;
(13) programs to hire and support school nurses;
(14) expanding and improving school-based mental
health services, including early identification of drug
use and violence, assessment, and direct individual or
group counseling services provided to students,
parents, and school personnel by qualified school based
mental health services personnel; and
(15) alternative educational programs for those
students who have been expelled or suspended from their
regular educational setting, including programs to
assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
SEC. 4132. ADMINISTRATIVE AUTHORITY.
In order to conduct the activities authorized by this
subpart, each State or local educational agency may use funds
made available under this subpart to make grants to, and to
enter into contracts with, local educational agencies,
institutions of higher education, libraries, museums, and other
public and private nonprofit agencies, organizations, and
institutions, including religious organizations.
SEC. 4133. LOCAL APPLICATIONS.
(a) Certification.--
(1) In general.--A local educational agency or a
consortium of such agencies may receive an allocation
of funds under this subpart for any year for which the
agency or consortium submits an application under this
section that is certified by the State to meet the
requirements of this section.
(2) Contents of Application.--The State shall certify
each application that--
(A) describes locally identified needs
relative to the purposes of this subpart and to
the innovative assistance described in section
4131(b);
(B) based on the needs identified in
subparagraph (A), sets forth the planned
allocation of funds among innovative assistance
programs described in section 4131 and
describes the programs, projects, and
activities designed to carry out such
innovative assistance programs that the local
educational agency intends to support;
(C) contains information setting forth the
allocation of such funds required to implement
section 4142;
(D) describes how assistance under this
subpart will contribute to improving student
academic achievement;
(E) provides assurances of compliance with
the provisions of this subpart, including the
participation of children enrolled in private,
nonprofit schools in accordance with section
4142;
(F) provides assurance that the local
educational agency will keep such records, and
provide such information to the State as may be
reasonably required for fiscal audit and
program evaluation, consistent with the
responsibilities of the State under this
subpart;
(G) provides in the allocation of funds for
the assistance authorized by this subpart, and
in the design, planning, and implementation of
such programs, for systematic consultation with
parents of children attending elementary and
secondary schools in the area served by the
local educational agency, with teachers and
administrative personnel in such schools, and
with other groups involved in the
implementation of this subpart (such as
librarians, school counselors, and other pupil
services personnel) as may be considered
appropriate by the local educational agency;
and
(H) provides assurance that--
(i) programs, services, and
activities will be evaluated annually;
(ii) such evaluation will be used to
determine and implement appropriate
changes in program services and
activities for the subsequent year;
(iii) such evaluation will describe
how assistance under this subpart
contributed toward improving student
academic achievement; and
(iv) such evaluation will be
submitted to the State in the time and
manner requested by the State.
(b) Time Period to Which Application Relates.--An application
submitted by a local educational agency under subsection (a)
may seek allocations under this part for a period of time not
to exceed 3 fiscal years and may be amended annually as may be
necessary to reflect changes without the filing of a new
application.
(c) Local Educational Agency Discretion.--
(1) In general.--Subject to the limitations and
requirements of this subpart, a local educational
agency shall have complete discretion in determining
how funds made available under this chapter will be
divided among programs and activities described in
section 4131.
(2) Limitation.--In exercising the discretion
described in paragraph (1), a local educational agency
shall ensure that expenditures under this chapter carry
out the purposes of this subpart and are used to meet
the educational needs within the schools of such local
educational agency.
CHAPTER 4--GENERAL PROVISIONS
SEC. 4141. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
(a) Maintenance of Effort.--
(1) In general.--Except as provided in paragraph (2),
a State is entitled to receive its full allocation of
funds under this subpart for any fiscal year only if
the Secretary determines that either the combined
fiscal effort per student or the aggregate expenditures
within the State with respect to the provision of free
public education for the fiscal year preceding the
fiscal year for which the determination is made was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the fiscal year that is 2
fiscal years before the fiscal year for which the
determination is made.
(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this
subpart in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
(3) Waiver.--The Secretary may waive, for 1 fiscal
year only, the requirements of this section if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this subpart only to supplement and, to the extent practical,
to increase the level of funds that would, in the absence of
Federal funds made available under this subpart, be made
available from non-Federal sources, and in no case may such
funds be used so as to supplant funds from non-Federal sources.
SEC. 4142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) Participation on Equitable Basis.--
(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this subpart or which serves the area in which a
program or project assisted under this subpart is
located, who are enrolled in private nonprofit
elementary and secondary schools, or with respect to
instructional or personnel training programs funded by
the State from funds made available for State use, such
agency, after consultation with appropriate private
school officials--
(A) shall provide for the benefit of such
children in such schools secular, neutral, and
nonideological services, materials, and
equipment, including the participation of the
teachers of such children (and other
educational personnel serving such children) in
training programs, and the repair or minor
remodeling of public facilities as may be
necessary for their provision (consistent with
subsection (c) of this section); or
(B) if such services, materials, and
equipment are not feasible or necessary in 1 or
more such private schools as determined by the
local educational agency after consultation
with the appropriate private school officials,
shall provide such other arrangements as will
assure equitable participation of such children
in the purposes and benefits of this subpart.
(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State shall make arrangements, such as through
contracts with nonprofit agencies or organizations,
under which children in private schools in such
district are provided with services and materials to
the extent that would have occurred if the local
educational agency had received funds under this
subpart.
(3) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children
shall apply to programs and projects carried out under
this subpart by a State or local educational agency,
whether directly or through grants to or contracts with
other public or private agencies, institutions, or
organizations.
(b) Equal Expenditures.--
(1) In general.--Expenditures for programs pursuant
to subsection (a) shall be equal (consistent with the
number of children to be served) to expenditures for
programs under this subpart for children enrolled in
the public schools of the local educational agency.
(2) Concentrated programs.--Taking into account the
needs of the individual children and other factors
which relate to the expenditures referred to in
paragraph (1), and when funds available to a local
educational agency under this subpart are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children
enrolled in private schools who are included within the
group, attendance area, or grade or age level selected
for such concentration shall, after consultation with
the appropriate private school officials, be assured
equitable participation in the purposes and benefits of
such programs or projects.
(c) Administrative Rules.--
(1) Funds and property.--The control of funds
provided under this subpart, and title to materials,
equipment, and property repaired, remodeled, or
constructed with such funds, shall be in a public
agency for the uses and purposes provided in this
subpart, and a public agency shall administer such
funds and property.
(2) Provision of services.--The provision of services
pursuant to this subpart shall be provided by employees
of a public agency or through contract by such public
agency with a person, an association, agency, or
corporation who or which, in the provision of such
services, is independent of such private school and of
any religious organizations, and such employment or
contract shall be under the control and supervision of
such public agency, and the funds provided under this
subpart shall not be commingled with State or local
funds.
(d) Waiver.--
(1) State prohibition waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in
programs of children enrolled in private elementary and
secondary schools, as required by this section, the
Secretary shall waive such requirements and shall
arrange for the provision of services to such children
through arrangements which shall be subject to the
requirements of this section.
(2) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of
services to such children through arrangements which
shall be subject to the requirements of this section.
(e) Withholding of Allocation.--Pending final resolution of
any investigation or complaint that could result in a waiver
under subsection (d)(1) or (d)(2), the Secretary may withhold
from the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary to
pay the cost of services to be provided by the Secretary under
such subsection.
(f) Term of Determinations.--Any determination by the
Secretary under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this subpart.
(h) Review.--
(1) Written objections.--The Secretary shall not take
any final action under this section until the State and
the local educational agency affected by such action
have had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit
written objections and to appear before the Secretary
or the Secretary's designee to show cause why that
action should not be taken.
(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall
be conclusive; but the court, for good cause shown, may
remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if
supported by substantial evidence.
(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
title, apply to programs under this title.
SEC. 4143. FEDERAL ADMINISTRATION.
(a) Technical Assistance.--The Secretary, upon request, shall
provide technical assistance to States and local educational
agencies under this subpart.
(b) Rulemaking.--The Secretary shall issue regulations under
this subpart only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this subpart.
(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this subpart shall become available for
obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.
SEC. 4144. DEFINITIONS.
In this subpart, the following definitions apply:
(1) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 4145. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart $450,000,000 for fiscal year 2002 and such sums as may
be necessary for each of fiscal years 2003 through 2006.
Subpart 2--Arts Education
SEC. 4151. ASSISTANCE FOR ARTS EDUCATION.
(a) Findings.--The Congress finds that--
(1) every student can benefit from an education in
the arts;
(2) a growing body of research indicates that
education in the arts may provide cognitive benefits
and bolster academic achievement, beginning at an early
age and continuing through secondary school;
(3) qualified arts teachers and a sequential
curriculum are the basis and core for substantive arts
education for students;
(4) the arts should be taught according to rigorous
academic standards under arts education programs that
provide mechanisms under which educators are
accountable to parents, school officials, and the
community;
(5) opportunities to participate in the arts have
enabled individuals with disabilities of all ages to
participate more fully in school and community
activities; and
(6) arts education is a valuable part of the
elementary and secondary school curriculum.
(b) Purposes.--The purposes of this subpart are to--
(1) support systemic education reform by
strengthening arts education as an integral part of the
elementary and secondary school curriculum; and
(2) help ensure that all students meet challenging
State academic content standards and challenging State
student academic achievement standards in the arts.
(c) Authority.--In accordance with this subpart, the
Secretary may make grants to, or enter into contracts or
cooperative agreements with, eligible entities described in
subsection (d).
(d) Eligible Entities.--The Secretary may make assistance
available under subsection (c) to each of the following
entities:
(1) States.
(2) Local educational agencies.
(3) Institutions of higher education.
(4) Museums or other cultural institutions.
(5) Any other public or private agencies,
institutions, and organizations.
(e) Use of Funds.--Assistance made available under this
subpart may be used only for--
(1) research on arts education;
(2) planning, developing, acquiring, expanding,
improving, or disseminating model school-based arts
education programs;
(3) the development of model State arts education
assessments based on State academic standards;
(4) the development and implementation of curriculum
frameworks for arts education;
(5) the development of model inservice professional
development programs for arts educators and other
instructional staff;
(6) supporting collaborative activities with Federal
agencies or institutions, arts educators, and
organizations representing the arts, including State
and local arts agencies involved in arts education;
(7) supporting model projects or programs in the
performing arts for children and youth or programs
which assure the participation in mainstream settings
in arts and education programs of individuals with
disabilities through arrangements made with
organizations such as the John F. Kennedy Center for
the Performing Arts and VSA arts;
(8) supporting model projects or programs to
integrate arts education into the regular elementary
and secondary school curriculum; or
(9) other activities that further the purposes of
this subpart.
(f) Conditions.--As conditions of receiving assistance made
available under this subpart, the Secretary shall require each
entity receiving such assistance--
(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance
with appropriate activities of public or private
cultural agencies, institutions, and organizations,
including museums, arts education associations,
libraries, and theaters; and
(2) to use such assistance only to supplement and not
to supplant any other assistance or funds made
available from non-Federal sources for the activities
assisted under this subpart.
(g) Consultation.--In carrying out this part, the Secretary
shall consult with Federal agencies or institutions, arts
educators (including professional arts education associations),
and organizations representing the arts including State and
local arts agencies involved in arts education.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this subpart such sums as may be
necessary for each of fiscal years 2002 through 2006.
Subpart 3--Gifted and Talented Children
SEC. 4161. SHORT TITLE.
This subpart may be cited as the ``Jacob K. Javits Gifted and
Talented Students Education Act of 2001''.
SEC. 4162. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) While the families and communities of some gifted
and talented students can provide private educational
programs with appropriately trained staff to supplement
public educational offerings, most gifted and talented
students, especially those from inner cities, rural
communities, or low-income families, must rely on the
services and personnel available in public schools. In
order to ensure that there are equal educational
opportunities for all gifted and talented students in
the United States, the public schools should provide
gifted and talented education programs carried out by
qualified professionals.
(2) Due to the wide dispersal of students who are
gifted and talented and the national interest in a
well-educated populace, it is the Federal Government
that can most effectively and appropriately conduct
scientifically based research and development to ensure
that there is a national capacity to educate students
who are gifted and talented in the 21st century.
(3) Many State and local educational agencies lack
the specialized resources and trained personnel
necessary to consistently plan and implement effective
programs for the identification of gifted and talented
students and for the provision of educational services
and programs appropriate for the needs of such
students.
(4) Because gifted and talented students are
generally more advanced academically, are generally
able to learn more quickly, and generally study in more
depth and complexity than others their age, they
require educational opportunities and experiences that
are different from those usually available to other
students.
(5) A typical elementary school student who is
academically gifted and talented has already mastered
35 to 50 percent of the content to be learned in
several subjects in any school year before that year
begins. Without an advanced and challenging curriculum,
such a student may lose motivation and develop poor
study habits that are difficult to break.
(6) Classes in elementary and secondary schools in
the United States consist of students with a wide
variety of traits, characteristics, and needs. Although
most teachers receive some training to meet the needs
of students with limited English proficiency, students
with disabilities, and students from diverse cultural
and racial backgrounds, few receive training to meet
the needs of students who are gifted and talented.
(b) Purpose.--The purpose of this subpart is to initiate a
coordinated program of scientifically based research,
demonstration projects, innovative strategies, and similar
activities designed to build and enhance the ability of
elementary and secondary schools nationwide to meet the special
educational needs of gifted and talented students.
SEC. 4163. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
SEC. 4164. AUTHORIZED PROGRAMS.
(a) Establishment of Program.--
(1) In general.--From the sums available to carry out
this subpart in any fiscal year, the Secretary (after
consultation with experts in the field of the education
of gifted and talented students) shall make grants to,
or enter into contracts with, State educational
agencies, local educational agencies, institutions of
higher education, other public agencies, and other
private agencies and organizations (including Indian
tribes and Indian organizations (as such terms are
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) and
Native Hawaiian organizations) to assist such agencies,
institutions, and organizations in carrying out
programs or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
(2) Application.--
(A) In general.--Each entity seeking
assistance under this subpart shall submit an
application to the Secretary at such time, in
such manner, and containing such information as
the Secretary may reasonably require.
(B) Contents.--Each application submitted
under this paragraph shall describe how--
(i) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
(ii) the proposed programs can be
evaluated.
(b) Use of Funds.--Programs and projects assisted under this
section may include each of the following:
(1) Conducting--
(A) scientifically based research on methods
and techniques for identifying and teaching
gifted and talented students, and for using
gifted and talented programs and methods to
serve all students; and
(B) program evaluations, surveys, and the
collection, analysis, and development of
information needed to accomplish the purpose of
this subpart.
(2) Professional development (including fellowships)
for personnel (including leadership personnel) involved
in the education of gifted and talented students.
(3) Establishment and operation of model projects and
exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs, including
summer programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education.
(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service
learning.
(5) Programs of technical assistance and information
dissemination, including assistance and information
with respect to how gifted and talented programs and
methods, where appropriate, may be adapted for use by
all students.
(c) Establishment of National Center.--
(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Center for Research and Development in the Education of
Gifted and Talented Children and Youth through grants
to or contracts with one or more institutions of higher
education or State educational agencies, or a
combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out
activities described in paragraph (1) of subsection
(b).
(2) Director.--The National Center established under
paragraph (1) shall be headed by a Director. The
Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon
through arrangements with institutions of higher
education, State or local educational agencies, or
other public or private agencies and organizations.
(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects authorized by this section may be used to conduct
activities pursuant to subsection (b)(1) or subsection (c).
(e) Coordination.--Scientifically based research activities
supported under this subpart--
(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities
supported by such Office; and
(2) may include collaborative scientifically based
research activities which are jointly funded and
carried out with such Office.
SEC. 4165. PROGRAM PRIORITIES.
(a) General Priority.--In carrying out this subpart, the
Secretary shall give highest priority to programs and projects
designed to develop new information that--
(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through
traditional assessment methods (including economically
disadvantaged individuals, individuals of limited
English proficiency, and individuals with
disabilities).
(b) Service Priority.--In approving applications for
assistance under section 4164(a)(2), the Secretary shall ensure
that in each fiscal year not less than 50 percent of the
applications approved under such section address the priority
described in subsection (a)(2) of this section.
SEC. 4166. GENERAL PROVISIONS.
(a) Participation of Private School Children and Teachers.--
In making grants and entering into contracts under this
subpart, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students
and teachers in private nonprofit elementary and secondary
schools, including the participation of teachers and other
personnel in professional development programs serving such
children.
(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
(1) use a peer review process in reviewing
applications under this subpart;
(2) ensure that information on the activities and
results of programs and projects funded under this
subpart is disseminated to appropriate State and local
educational agencies and other appropriate
organizations, including nonprofit private
organizations; and
(3) evaluate the effectiveness of programs under this
subpart in accordance with section 8651, both in terms
of the impact on students traditionally served in
separate gifted and talented programs and on other
students, and submit the results of such evaluation to
the Congress not later than 2 years after the date of
the enactment of the No Child Left Behind Act of 2001.
(c) Program Operations.--The Secretary shall ensure that the
programs under this subpart are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
(1) administer and coordinate the programs authorized
under this subpart;
(2) serve as a focal point of national leadership and
information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs; and
(3) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying
research priorities which reflect the needs of gifted
and talented students.
SEC. 4167. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for each of fiscal years
2002 through 2006.
PART B--PUBLIC CHARTER SCHOOLS
SEC. 4201. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) enhancement of parent and student choices among
public schools can assist in promoting comprehensive
educational reform and give more students the
opportunity to meet challenging State academic content
standards and State student academic achievement
standards, if sufficiently diverse and high-quality
choices, and genuine opportunities to take advantage of
such choices, are available to all students;
(2) useful examples of such choices can come from
States and communities that experiment with methods of
offering teachers and other educators, parents, and
other members of the public the opportunity to design
and implement new public schools and to transform
existing public schools;
(3) charter schools are a mechanism for testing a
variety of educational approaches and should,
therefore, be exempted from restrictive rules and
regulations if the leadership of such schools commits
to attaining specific and ambitious educational results
for educationally disadvantaged students consistent
with challenging State academic content standards and
State student academic achievement standards for all
students;
(4) charter schools can embody the necessary mixture
of enhanced choice, exemption from restrictive
regulations, and a focus on learning gains;
(5) charter schools, including charter schools that
are schools-within-schools, can help reduce school
size, and this reduction can have a significant effect
on student achievement;
(6) the Federal Government should test, evaluate, and
disseminate information on a variety of charter school
models in order to help demonstrate the benefits of
this promising educational reform; and
(7) there is a strong documented need for cash-flow
assistance to charter schools that are starting up,
because State and local operating revenue streams are
not immediately available.
(b) Purpose.--It is the purpose of this part to increase
national understanding of the charter schools model by--
(1) providing financial assistance for the planning,
program design and initial implementation of charter
schools;
(2) evaluating the effects of such schools, including
the effects on students, student achievement, staff,
and parents; and
(3) expanding the number of high-quality charter
schools available to students across the Nation.
SEC. 4202. PROGRAM AUTHORIZED.
(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 4203 to enable such agencies to conduct a charter
school grant program in accordance with this part.
(b) Special Rule.--If a State educational agency elects not
to participate in the program authorized by this part or does
not have an application approved under section 4203, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 4203(c).
(c) Program Periods.--
(1) Grants to states.--Grants awarded to State
educational agencies under this part shall be awarded
for a period of not more than 3 years.
(2) Grants to eligible applicants.--Grants awarded by
the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this part shall be awarded for a
period of not more than 3 years, of which the eligible
applicant may use--
(A) not more than 18 months for planning and
program design;
(B) not more than 2 years for the initial
implementation of a charter school; and
(C) not more than 2 years to carry out
dissemination activities described in section
4204(f)(6)(B).
(d) Limitation.--A charter school may not receive--
(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
(e) Priority Treatment.--
(1) In general.--In awarding grants under this part
from any funds appropriated under section 4211, the
Secretary shall give priority to States to the extent
that the States meet the criteria described in
paragraph (2) and one or more of the criteria described
in subparagraph (A), (B), or (C) of paragraph (3).
(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) is that the State
provides for periodic review and evaluation by the
authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the school's
charter, and is meeting or exceeding the academic
performance requirements and goals for charter schools
as set forth under State law or the school's charter.
(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
(A) The State has demonstrated progress, in
increasing the number of high quality charter
schools that are held accountable in the terms
of the schools' charters for meeting clear and
measurable objectives for the educational
progress of the students attending the schools,
in the period prior to the period for which a
State educational agency or eligible applicant
applies for a grant under this part.
(B) The State--
(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
(ii) in the case of a State in which
local educational agencies are the only
authorized public chartering agencies,
allows for an appeals process for the
denial of an application for a charter
school.
(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
(f) Amount Criteria.--In determining the amount of a grant to
be awarded under this part to a State educational agency, the
Secretary shall take into consideration the number of charter
schools that are operating, or are approved to open, in the
State.
SEC. 4203. APPLICATIONS.
(a) Applications From State Agencies.--Each State educational
agency desiring a grant from the Secretary under this part
shall submit to the Secretary an application at such time, in
such manner, and containing or accompanied by such information
as the Secretary may require.
(b) Contents of a State Educational Agency Application.--Each
application submitted pursuant to subsection (a) shall--
(1) describe the objectives of the State educational
agency's charter school grant program and how such
objectives will be fulfilled, including steps taken by
the State educational agency to inform teachers,
parents, and communities of the State educational
agency's charter school grant program; and
(2) describe how the State educational agency--
(A) will inform each charter school in the
State regarding--
(i) Federal funds that the charter
school is eligible to receive; and
(ii) Federal programs in which the
charter school may participate;
(B) will ensure that each charter school in
the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
(A) a description of the educational program
to be implemented by the proposed charter
school, including--
(i) how the program will enable all
students to meet challenging State
student academic achievement standards;
(ii) the grade levels or ages of
children to be served; and
(iii) the curriculum and
instructional practices to be used;
(B) a description of how the charter school
will be managed;
(C) a description of--
(i) the objectives of the charter
school; and
(ii) the methods by which the charter
school will determine its progress
toward achieving those objectives;
(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
(E) a description of how parents and other
members of the community will be involved in
the planning, program design and implementation
of the charter school;
(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
(G) a request and justification for waivers
of any Federal statutory or regulatory
provisions that the applicant believes are
necessary for the successful operation of the
charter school, and a description of any State
or local rules, generally applicable to public
schools, that will be waived for, or otherwise
not apply to, the school;
(H) a description of how the subgrant funds
or grant funds, as appropriate, will be used,
including a description of how such funds will
be used in conjunction with other Federal
programs administered by the Secretary;
(I) a description of how students in the
community will be--
(i) informed about the charter
school; and
(ii) given an equal opportunity to
attend the charter school;
(J) an assurance that the eligible applicant
will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in
subparagraph (C)(i);
(K) an assurance that the applicant will
cooperate with the Secretary and the State
educational agency in evaluating the program
assisted under this part;
(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 4202(c)(2)(C), a description of
those activities and how those activities will
involve charter schools and other public
schools, local educational agencies,
developers, and potential developers; and
(N) such other information and assurances as
the Secretary and the State educational agency
may require.
(c) Contents of Eligible Applicant Application.--Each
eligible applicant desiring a grant pursuant to section 4202(b)
shall submit an application to the State educational agency or
Secretary, respectively, at such time, in such manner, and
accompanied by such information as the State educational agency
or Secretary, respectively, may reasonably require.
(d) Contents of Application.--Each application submitted
pursuant to subsection (c) shall contain--
(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears;
(2) assurances that the State educational agency--
(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
(B) will assist each subgrantee in the State
in receiving a waiver under section 4204(e);
and
(3) assurances that the eligible applicant has
provided its authorized public chartering authority
timely notice, and a copy, of the application, except
that the State educational agency (or the Secretary, in
the case of an application submitted to the Secretary)
may waive this requirement in the case of an
application for a precharter planning grant or subgrant
if the authorized public chartering authority to which
a charter school proposal will be submitted has not
been determined at the time the grant or subgrant
application is submitted.
SEC. 4204. ADMINISTRATION.
(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies
under this part on the basis of the quality of the applications
submitted under section 4203(b), after taking into
consideration such factors as--
(1) the contribution that the charter schools grant
program will make to assisting educationally
disadvantaged and other students to achieving State
academic content standards and State student academic
achievement standards and, in general, a State's
education improvement plan;
(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
(3) the ambitiousness of the objectives for the State
charter school grant program;
(4) the quality of the strategy for assessing
achievement of those objectives;
(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
(6) the number of high quality charter schools
created under this part in the State; and
(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under section 4202(c)(2)(C), the quality of
those activities and the likelihood that those
activities will improve student academic achievement.
(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
part on the basis of the quality of the applications submitted
under section 4203(c), after taking into consideration such
factors as--
(1) the quality of the proposed curriculum and
instructional practices;
(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local
educational agency to the charter school;
(3) the extent of community support for the
application;
(4) the ambitiousness of the objectives for the
charter school;
(5) the quality of the strategy for assessing
achievement of those objectives;
(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under section 4202(c)(2)(C), the quality of
those activities and the likelihood that those
activities will improve student achievement.
(c) Peer Review.--The Secretary, and each State educational
agency receiving a grant under this part, shall use a peer
review process to review applications for assistance under this
part.
(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall
award subgrants under this part in a manner that, to the extent
possible, ensures that such grants and subgrants--
(1) are distributed throughout different areas of the
Nation and each State, including urban and rural areas;
and
(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
4210(1), if--
(1) the waiver is requested in an approved
application under this part; and
(2) the Secretary determines that granting such a
waiver will promote the purpose of this part.
(f) Use of Funds.--
(1) State educational agencies.--Each State
educational agency receiving a grant under this part
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this part, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this part.
(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this part may use
the grant or subgrant funds only for--
(A) post-award planning and design of the
educational program, which may include--
(i) refinement of the desired
educational results and of the methods
for measuring progress toward achieving
those results; and
(ii) professional development of
teachers and other staff who will work
in the charter school; and
(B) initial implementation of the charter
school, which may include--
(i) informing the community about the
school;
(ii) acquiring necessary equipment
and educational materials and supplies;
(iii) acquiring or developing
curriculum materials; and
(iv) other initial operational costs
that cannot be met from State or local
sources.
(4) Administrative expenses.--Each State educational
agency receiving a grant pursuant to this part may
reserve not more than 5 percent of such grant funds for
administrative expenses associated with the charter
school grant program assisted under this part. A local
educational agency may not deduct funds for
administrative fees or expenses from a subgrant awarded
to an eligible applicant.
(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this part may
reserve not more than 10 percent of the grant amount
for the establishment of a revolving loan fund. Such
fund may be used to make loans to eligible applicants
that have received a subgrant under this part, under
such terms as may be determined by the State
educational agency, for the initial operation of the
charter school grant program of such recipient until
such time as the recipient begins receiving ongoing
operational support from State or local financing
sources.
(6) Dissemination.--
(A) In general.--A charter school may apply
for funds under this part, whether or not the
charter school has applied for or received
funds under this part for planning, program
design, or implementation, to carry out the
activities described in subparagraph (B) if the
charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
(i) substantial progress in improving
student academic achievement;
(ii) high levels of parent
satisfaction; and
(iii) the management and leadership
necessary to overcome initial start-up
problems and establish a thriving,
financially viable charter school.
(B) Activities.--A charter school described
in subparagraph (A) may use funds reserved
under paragraph (1) to assist other schools in
adapting the charter school's program (or
certain aspects of the charter school's
program), or to disseminate information about
the charter school, through such activities
as--
(i) assisting other individuals with
the planning and start-up of one or
more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
academic achievement in each of the
schools participating in the
partnership;
(iii) developing curriculum
materials, academic assessments, and
other materials that promote increased
student academic achievement and are
based on successful practices within
the assisting charter school; and
(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student academic achievement in
other schools.
(g) Tribally Controlled Schools.--Each State that receives a
grant under this part and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
(2) the amount of such aid.
SEC. 4205. NATIONAL ACTIVITIES.
(a) In General.--The Secretary shall reserve for each fiscal
year the greater of 5 percent or $5,000,000 of the amount
appropriated to carry out this part, except that in no fiscal
year shall the total amount so reserved exceed $8,000,000, to
carry out the following activities:
(1) To provide charter schools, either directly or
through State educational agencies, with--
(A) information regarding--
(i) Federal funds that charter
schools are eligible to receive; and
(ii) other Federal programs in which
charter schools may participate; and
(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
(2) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools
on student academic achievement, including information
regarding--
(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
(3) To provide--
(A) information to applicants for assistance
under this part;
(B) assistance to applicants for assistance
under this part with the preparation of
applications under section 4203;
(C) assistance in the planning and startup of
charter schools;
(D) training and technical assistance to
existing charter schools; and
(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
(4) To provide (including through the use of one or
more contracts that use a competitive bidding process)
for the collection of information regarding the
financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
(b) Construction.--Nothing in this section shall be construed
to require charter schools to collect any data described in
subsection (a).
SEC. 4206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
(a) In General.--For purposes of the allocation to schools by
the States or their agencies of funds under part A of title I,
and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State
educational agency shall take such measures as are necessary to
ensure that every charter school receives the Federal funding
for which the charter school is eligible not later than 5
months after the charter school first opens, notwithstanding
the fact that the identity and characteristics of the students
enrolling in that charter school are not fully and completely
determined until that charter school actually opens. The
measures similarly shall ensure that every charter school
expanding its enrollment in any subsequent year of operation
receives the Federal funding for which the charter school is
eligible not later than 5 months after such expansion.
(b) Adjustment and Late Openings.--
(1) In general.--The measures described in subsection
(a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where
payments made to a charter school on the basis of
estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary and
applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such academic
year have a full and fair opportunity to receive those
funds during the charter schools' first year of
operation.
SEC. 4207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this part, as well as in the development of any rules
or regulations relevant to charter schools that are required to
implement part A of title I, the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), or any other program
administered by the Secretary that provides education funds to
charter schools or regulates the activities of charter schools.
SEC. 4208. RECORDS TRANSFER.
State educational agencies and local educational agencies, to
the extent practicable, shall ensure that a student's records
and, if applicable, a student's individualized education
program as defined in section 602(11) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(11)), are
transferred to a charter school upon the transfer of the
student to the charter school, to another public school upon
the transfer of the student from a charter school to another
public school, and to a private school upon the transfer of the
student from a charter or public school to the private school
(with the written consent of a parent of the student), in
accordance with applicable State law.
SEC. 4209. PAPERWORK REDUCTION.
To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of
this part results in a minimum of paperwork for any eligible
applicant or charter school.
SEC. 4210. DEFINITIONS.
As used in this part:
(1) The term ``charter school'' means a public school
that--
(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempted from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
(D) provides a program of elementary or
secondary education, or both;
(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
(F) does not charge tuition;
(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, or in another
nondiscriminatory manner consistent with State
law, if more students apply for admission than
can be accommodated;
(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary and secondary schools in the State,
unless such requirements are specifically
waived for the purpose of this program;
(J) meets all applicable Federal, State, and
local health and safety requirements;
(K) operates in accordance with State law;
and
(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student academic achievement will be measured
in charter schools pursuant to State academic
assessments that are required of other schools
and pursuant to any other assessments mutually
agreeable to the authorized public chartering
agency and the charter school.
(2) The term ``developer'' means an individual or
group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a charter
school project will be carried out.
(3) The term ``eligible applicant'' means a developer
that has--
(A) applied to an authorized public
chartering authority; and
(B) provided adequate and timely notice to
that authority under section 4203(d)(3).
(4) The term ``authorized public chartering agency''
means a State educational agency, local educational
agency, or other public entity that has the authority
pursuant to State law and approved by the Secretary to
authorize or approve a charter school.
SEC. 4211. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $225,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 4 succeeding
fiscal years.
PART C--MAGNET SCHOOLS ASSISTANCE; WOMEN'S EDUCATIONAL EQUITY
Subpart 1--Magnet Schools Assistance
SEC. 4301. FINDINGS.
The Congress finds as follows:
(1) Magnet schools are a significant part of the
Nation's efforts to achieve voluntary desegregation in
our schools.
(2) The use of magnet schools has increased
dramatically since the inception of the magnet schools
assistance program under this Act, with approximately
2,000,000 students nationwide attending such schools,
of whom more than 65 percent are non-white.
(3) Magnet schools offer a wide range of distinctive
programs that have served as models for school
improvement efforts.
(4) It is in the best interests of the United
States--
(A) to continue the Federal Government's
support of local educational agencies that are
implementing court-ordered desegregation plans
and local educational agencies that are
voluntarily seeking to foster meaningful
interaction among students of different racial
and ethnic backgrounds, beginning at the
earliest stage of such students' education;
(B) to ensure that all students have
equitable access to a quality education that
will prepare them to function well in a highly
competitive economy;
(C) to maximize the ability of local
educational agencies to plan, develop,
implement, and continue effective and
innovative magnet schools that contribute to
State and local systemic reform; and
(D) to ensure that grant recipients provide
adequate data that demonstrate an ability to
improve student academic achievement.
SEC. 4302. STATEMENT OF PURPOSE.
The purpose of this part is to assist in the desegregation of
schools served by local educational agencies by providing
financial assistance to eligible local educational agencies
for--
(1) the elimination, reduction, or prevention of
minority group isolation in elementary and secondary
schools with substantial proportions of minority
students;
(2) the development and implementation of magnet
school projects that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
academic content standards and student academic
achievement standards;
(3) the development and design of innovative
educational methods and practices that promote
diversity and increase choices in public elementary and
secondary schools and educational programs; and
(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable
vocational and technical skills of students attending
such schools.
SEC. 4303. PROGRAM AUTHORIZED.
The Secretary, in accordance with this part, is authorized to
make grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this part for magnet schools that are--
(1) part of an approved desegregation plan; and
(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
SEC. 4304. DEFINITION.
For the purpose of this part, the term ``magnet school''
means a public elementary or secondary school or public
elementary or secondary education center that offers a special
curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
SEC. 4305. ELIGIBILITY.
A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive assistance under this
part to carry out the purpose of this part if such agency or
consortium--
(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary and secondary schools of such
agency; or
(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt and
implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
SEC. 4306. APPLICATIONS AND REQUIREMENTS.
(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive assistance
under this part shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
(b) Information and Assurances.--Each such application shall
include--
(1) a description of--
(A) how assistance made available under this
part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among
students of different social, economic, ethnic,
and racial backgrounds;
(B) the manner and extent to which the magnet
school project will increase student academic
achievement in the instructional area or areas
offered by the school;
(C) how an applicant will continue the magnet
school project after assistance under this part
is no longer available, including, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with funds under this part cannot be
continued without the use of funds under this
part;
(D) how funds under this part will be used to
improve student academic performance for all
students attending the magnet schools; and
(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
(2) assurances that the applicant will--
(A) use funds under this part for the purpose
specified in section 4302;
(B) employ fully qualified teachers in the
courses of instruction assisted under this
part;
(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
(i) the hiring, promotion, or
assignment of employees of the agency
or other personnel for whom the agency
has any administrative responsibility;
(ii) the assignment of students to
schools, or to courses of instruction
within the school, of such agency,
except to carry out the approved plan;
and
(iii) designing or operating
extracurricular activities for
students;
(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
(E) give students residing in the local
attendance area of the proposed magnet school
projects equitable consideration for placement
in those projects.
SEC. 4307. PRIORITY.
In approving applications under this part, the Secretary
shall give priority to applicants that--
(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
(2) propose to carry out new magnet school projects,
or significantly revise existing magnet school
projects; and
(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination.
SEC. 4308. USE OF FUNDS.
(a) In General.--Grant funds made available under this part
may be used by an eligible local educational agency or
consortium of such agencies--
(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of
programs in magnet schools;
(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are fully qualified, and instructional
staff where applicable, who are necessary for the
conduct of programs in magnet schools;
(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
(A) are designed to make available the
special curriculum that is offered by the
magnet school project to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
(B) further the purpose of this part; and
(5) for activities, which may include professional
development, that will build the recipient's capacity
to operate magnet school programs once the grant period
has ended.
(b) Special Rule.--Grant funds under this part may be used in
accordance with paragraphs (2) and (3) of subsection (a) only
if the activities described in such paragraphs are directly
related to improving the students' academic performance based
on the State's challenging academic content standards and
student academic achievement standards or directly related to
improving the students' reading skills or knowledge of
mathematics, science, history, geography, English, foreign
languages, art, or music, or to improving vocational and
technical skills.
SEC. 4309. PROHIBITIONS.
(a) Transportation.--Grants under this part may not be used
for transportation or any activity that does not augment
academic improvement.
(b) Planning.--A local educational agency shall not expend
funds under this part after the third year that such agency
receives funds under this part for such project.
SEC. 4310. LIMITATIONS.
(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed three fiscal years.
(b) Limitation on Planning Funds.--A local educational agency
may expend for planning not more than 50 percent of the funds
received under this part for the first year of the project, 15
percent of such funds for the second such year, and 10 percent
of such funds for the third such year.
(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
July 1 of the applicable fiscal year.
SEC. 4311. EVALUATIONS.
(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 4312(a) for any
fiscal year to carry out evaluations, technical assistance, and
dissemination projects with respect to magnet school projects
and programs assisted under this part.
(b) Contents.--Each evaluation described in subsection (a),
at a minimum, shall address--
(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
(2) the extent to which magnet school programs
enhance student access to quality education;
(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary and secondary
schools with substantial proportions of minority
students; and
(4) the extent to which magnet school programs differ
from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs.
SEC. 4312. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $125,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.
[PART B] Subpart 2--Women's Educational Equity
SEC. [5201] 4321. SHORT TITLE; FINDINGS.
[(a) Short Title.--This part may be cited as the ``Women's
Educational Equity Act of 1994''.]
(a) Short Title.--This subpart may be cited as the ``Women's
Educational Equity Act of 2001''.
* * * * * * *
SEC. [5202] 4322. STATEMENT OF PURPOSES.
It is the purpose of this [part] subpart--
(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, race, ethnic origin, limited-English
proficiency, disability, or age.
SEC. [5203] 4323. PROGRAMS AUTHORIZED.
(a) In General.--The Secretary is authorized--
(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities and initiatives
in all Federal education programs and offices;
(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
(3) to provide information and technical assistance
to assure the effective implementation of gender equity
programs;
(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
(5) to assist the Assistant Secretary of the Office
of Educational Research and Improvement in identifying
research priorities related to education equity for
women and girls; and
(6) to perform any other activities consistent with
achieving the purposes of this [part] subpart.
(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--
(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] subpart, 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) assisting educational agencies
and institutions to implement policies
and practices to comply with title IX
of the Education Amendments of 1972;
(ii) training for teachers,
counselors, administrators, and other
school personnel, especially preschool
and elementary school personnel, in
gender equitable teaching and learning
practices;
(iii) leadership training for women
and girls to develop professional and
marketable skills to compete in the
global marketplace, improve self-
esteem, and benefit from exposure to
positive role models;
(iv) school-to-work transition
programs, guidance and counseling
activities, and other programs to
increase opportunities for women and
girls to enter a technologically
demanding workplace and, in particular,
to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of
discrimination, based on sex and on
race, ethnic origin, limited-English
proficiency, disability, socioeconomic
status, or age;
(vi) assisting pregnant students and
students rearing children to remain in
or to return to secondary school,
graduate, and prepare their preschool
children to start school;
(vii) evaluating exemplary model
programs to assess the ability of such
programs to advance educational equity
for women and girls;
(viii) introduction into the
classroom of textbooks, curricula, and
other materials designed to achieve
equity for women and girls;
(ix) programs and policies to address
sexual harassment and violence against
women and girls and to ensure that
educational institutions are free from
threats to the safety of students and
personnel;
(x) nondiscriminatory tests of
aptitude and achievement and of
alternative assessments that eliminate
biased assessment instruments from use;
(xi) programs to increase educational
opportunities, including higher
education, vocational training, and
other educational programs for low-
income women, including underemployed
and unemployed women, and women
receiving assistance under a State
program funded under part A of title IV
of the Social Security Act;
(xii) programs to improve
representation of women in educational
administration at all levels; and
(xiii) planning, development and
initial implementation of--
(I) comprehensive
institution- or districtwide
evaluation to assess the
presence or absence of gender
equity in educational settings;
(II) comprehensive plans for
implementation of equity
programs in State and local
educational agencies and
institutions of higher
education; including community
colleges; and
(III) innovative approaches
to school-community
partnerships for educational
equity. \1\
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\1\ So in law. Period probably should be a semicolon.
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(B) for research and development, which shall
be coordinated with each of the research
institutes of the Office of Educational
Research and Improvement to avoid duplication
of research efforts, designed to advance gender
equity nationwide and to help make policies and
practices in educational agencies and
institutions, and local communities, gender
equitable, including--
(i) research and development of
innovative strategies and model
training programs for teachers and
other education personnel;
(ii) the development of high quality
and challenging assessment instruments
that are nondiscriminatory;
(iii) the development and evaluation
of model curricula, textbooks,
software, and other educational
materials to ensure the absence of
gender stereotyping and bias;
(iv) the development of instruments
and procedures that employ new and
innovative strategies to assess whether
diverse educational settings are gender
equitable;
(v) the development of instruments
and strategies for evaluation,
dissemination, and replication of
promising or exemplary programs
designed to assist local educational
agencies in integrating gender equity
in their educational policies and
practices;
(vi) updating high quality
educational materials previously
developed through awards made under
this [part] subpart;
(vii) the development of policies and
programs to address and prevent sexual
harassment and violence to ensure that
educational institutions are free from
threats to safety of students and
personnel;
(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 underemployed and unemployed
women, and women receiving assistance
under the State program funded under
part A of title IV of the Social
Security Act; and
(ix) the development of guidance and
counseling activities, including career
education programs, designed to ensure
gender equity.
SEC. [5204] 4324. APPLICATIONS.
An application under this [part] subpart shall--
(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this [part] subpart, including an
evaluation of the practices, policies, and materials
used by the applicant and an evaluation or estimate of
the continued significance of the work of the project
following completion of the award period;
(2) where appropriate, demonstrate how funds received
under this [part] subpart will be used to promote the
attainment of one or more of the National Education
Goals;
(3) demonstrate how the applicant will address
perceptions of gender roles based on cultural
differences or stereotypes;
(4) where appropriate, describe how funds under this
[part] subpart will be used in a manner that is
consistent with programs under the School-to-Work
Opportunities Act of 1994;
(5) for applications for assistance under section
[5203(b)] 4423(b)(1), demonstrate how the applicant
will foster partnerships and, where applicable, share
resources with State educational agencies, local
educational 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) for applications for assistance under section
[5203(b)] 4423(b)(1), demonstrate how parental
involvement in the project will be encouraged; and
(7) for applications for assistance under section
[5203(b)] 4423(b)(1), describe plans for continuation
of the activities assisted under this [part] subpart
with local support following completion of the grant
period and termination of Federal support under this
[part] subpart.
SEC. [5205] 4325. CRITERIA AND PRIORITIES.
(a) Criteria and Priorities.--
(1) In general.--The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2) of section [5203(b)] 4423(b) to
ensure that funds under this [part] subpart are used
for programs that most effectively will achieve the
purposes of this [part] subpart.
(2) Criteria.--The criteria described in subsection
(a) may include the extent to which the activities
assisted under this [part] subpart--
(A) address the needs of women and girls of
color and women and girls with disabilities;
(B) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
(C) 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 or institution; and
(D) 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] subpart has
terminated.
(b) Priorities.--In approving applications under this [part]
subpart, the Secretary may give special consideration to
applications--
(1) submitted by applicants that have not received
assistance under this [part] subpart or under part C of
title IX of this Act (as such part was in effect on
October 1, 1988);
(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] subpart 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.
(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this [part] subpart 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) Coordination.--Research activities supported under this
[part] subpart--
(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities
supported by the Office; and
(2) may include collaborative research activities
which are jointly funded and carried out with the
Office of Educational Research and Improvement.
(e) Limitation.--Nothing in this [part] subpart shall be
construed as prohibiting men and boys from participating in any
programs or activities assisted with funds under this [part]
subpart.
SEC. [5206] 4326. REPORT.
The Secretary, not later than January 1, [1999] 2005, 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] 4327. ADMINISTRATION.
(a) Evaluation and Dissemination.--The Secretary shall
evaluate in accordance with section [14701,] 8651, and
disseminate, materials and programs developed under this [part]
subpart and shall report to the Congress regarding such
evaluation materials and programs not later than January 1,
[1998] 2004.
(b) Program Operations.--The Secretary shall ensure that the
activities assisted under this [part] subpart are administered
within the Department by a person who has recognized
professional qualifications and experience in the field of
gender equity education.
SEC. [5208] 4328. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this [part] subpart, 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,] $3,000,000 for fiscal year 2002 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)] 4423(b)(1).
[TITLE V--PROMOTING EQUITY
[PART A--MAGNET SCHOOLS ASSISTANCE
[SEC. 5101. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
[PART C--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
[SEC. 5301. SHORT TITLE.
[This part may be cited as the ``School Dropout Assistance
Act''.
[SEC. 5302. 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. 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. 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. 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. 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. 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. 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.]
TITLE V--21ST CENTURY SCHOOLS
PART A--SUPPORTING VIOLENCE AND DRUG PREVENTION AND ACADEMIC ENRICHMENT
SEC. 5001. SHORT TITLE.
This part may be cited as the ``21st Century Schools Act of
2001''.
SEC. 5002. PURPOSE.
The purpose of this part is to support programs that prevent
the use of illegal drugs, prevent violence, provide quality
before and after school activities and supervision for school
age youth, involve parents and communities, and are coordinated
with related Federal, State, and community efforts and
resources to foster a safe and drug-free learning environment
in which students increase their academic achievement, through
the provision of Federal assistance to--
(1) States for grants to local educational agencies
and consortia of such agencies to establish, operate,
and improve local programs of drug and violence
prevention in elementary and secondary schools;
(2) States for grants to local educational agencies,
community-based organizations, and other public
entities and private organizations, for before and
after school programs for youth; and
(3) States and public and private nonprofit and for-
profit organizations to conduct training,
demonstrations, and evaluations.
SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $475,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the 4 succeeding fiscal
years, for State grants under subpart 1;
(2) $900,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the four succeeding
fiscal years, for State grants under subpart 2; and
(3) $60,000,000 for fiscal year 2002, and for each of
the 4 succeeding fiscal years, for national programs
under subpart 3.
Subpart 1--Safe Schools
SEC. 5111. RESERVATIONS AND ALLOTMENTS.
(a) Reservations.--From the amount made available under
section 5003(1) to carry out this subpart for each fiscal year,
the Secretary--
(1) shall reserve 1 percent or $4,750,000 (whichever
is greater) of such amount for grants to Guam, American
Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, to be
allotted in accordance with the Secretary's
determination of their respective needs and to carry
out programs described in this subpart;
(2) shall reserve 1 percent or $4,750,000 (whichever
is greater) of such amount for the Secretary of the
Interior to carry out programs described in this
subpart for Indian youth;
(3) shall reserve 0.2 percent of such amount for
Native Hawaiians to be used to carry out programs
described in this subpart;
(4) notwithstanding section 3 of the Leave No Child
Behind Act of 2001, shall reserve an amount necessary
to make continuation grants to grantees under part I of
title X of this Act (under the terms of those grants),
as such part existed on the day before the effective
date of the Leave No Child Behind Act of 2001; and
(5) notwithstanding section 3 of the Leave No Child
Behind Act of 2001, shall reserve an amount necessary
to make continuation grants to grantees under the Safe
Schools/Healthy Students initiative (under the terms of
those grants), as it existed on the day before the date
of the effective date of the Leave No Child Behind Act
of 2001.
(b) State Allotments.--
(1) In general.--Except as provided in paragraph (2),
the Secretary, for each fiscal year, shall allocate
among the States--
(A) one-half of the remainder not reserved
under subsection (a) according to the ratio
between the school-aged population of each
State and the school-aged population of all the
States; and
(B) one-half of such remainder according to
the ratio between the amount each State
received under part A of title I for the
preceding year and the sum of such amounts
received by all the States.
(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less
than one-half of 1 percent of the total amount allotted
to all the States under this subsection.
(c) Reallotment of Unused Funds.--If any State does not apply
for an allotment under this subpart for a fiscal year, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
(d) Definition.--For the purposes of this section, the term
``Native Hawaiian'' means any individual any of whose ancestors
were natives, prior to 1778, of the area which now comprises
the State of Hawaii.
SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE SCHOOLS.
(a) State Reservation for the Governor.--
(1) In general.--The chief executive officer of a
State may reserve not more than 20 percent of the total
amount allocated to a State under section 5111(b) for
each fiscal year to award competitive grants and
contracts to local educational agencies, community-
based organizations, and other public entities and
private organizations for programs or activities to
support community efforts that complement activities of
local educational agencies described in section 5115.
Such officer shall award grants based on--
(A) the quality of the activity or program
proposed; and
(B) how the program or activity is aligned
with the appropriate principles of
effectiveness described in section 5114(a).
(2) Special consideration.--In awarding funds under
subparagraph (A), a chief executive officer shall give
special consideration to grantees that pursue a
comprehensive approach to drug and violence prevention
by providing and incorporating mental health services
in their programs.
(3) Administrative costs.--The chief executive
officer of a State may use not more than 1 percent of
the amount described in subparagraph (A) for the
administrative costs incurred in carrying out the
duties of such officer under this section.
(b) State Funds.--
(1) Additional reservations.--Each State shall
reserve an amount equal to the total amount allotted to
a State under section 5111(b), less the amount reserved
under subsection (a) and paragraphs (2) and (3) of this
subsection, for each fiscal year for its local
educational agencies.
(2) State activities.--A State may use not more than
4 percent of the total amount available under
subsection (a) for State activities described in
subsection (c).
(3) State administration.--A State may use not more
than 1 percent of the amount made available under
subsection (a) for the administrative costs of carrying
out its responsibilities under this subpart.
(c) Activities.--
(1) In general.--A State shall use a portion of the
funds described in subsection (b)(2), either directly,
or through grants and contracts, to plan, develop, and
implement capacity building, technical assistance,
evaluation, program improvement services, and
coordination activities for local educational agencies,
community-based organizations, other public entities,
and private organizations that are designed to support
the implementation of programs and activities under
this subpart.
(2) Data collection.--
(A) Statistics.--A State may use a portion of
the funds, not to exceed 20 percent, described
in subsection (b)(2), either directly or
through grants and contracts, to establish and
implement a statewide system of collecting data
regarding statistics on--
(i) truancy rates; and
(ii) the frequency, seriousness, and
incidence of violence and drug related
offenses resulting in suspensions and
expulsion in elementary and secondary
schools in States.
(B) Compilation of statistics.--The
statistics shall be compiled in accordance with
definitions as determined in the State criminal
code, but shall not identify victims of crimes
or persons accused of crimes. The collected
data shall include, incident reports by school
officials, anonymous student surveys, and
anonymous teacher surveys.
(C) Reporting.--Such data and statistics
shall be reported to the public and shall be
reported on a school-by-school basis.
(D) Limitation.--Nothing in this subsection
shall be construed to authorize the Secretary
to require particular policies, procedures, or
practices with respect to crimes on school
property or school security.
(3) Safe schools.--The State shall establish and
implement a statewide policy requiring that students
attending persistently dangerous public elementary and
secondary schools, as determined by the State, or who
become a victim of a violent criminal offense, as
defined by State law, while in or on the grounds of a
public elementary school or secondary school that the
student attends, be allowed to attend a safe public
elementary or secondary school, within the local
educational agency, including a public charter school
and allowing payment of reasonable transportation costs
and tuition costs for such students.
SEC. 5113. STATE APPLICATION.
(a) In General.--In order to receive an allotment under
section 5111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
(1) describes the activities to be funded under
section 5112(c);
(2) describes how activities funded under this
subpart will support State academic achievement
standards in accordance with section 1111;
(3) describes how funds under this subpart will be
coordinated with programs under this Act, and other
programs, as appropriate, in accordance with the
provisions of section 8306;
(4) provides an assurance that the application was
developed in consultation and coordination with
appropriate State officials and others, including the
chief executive officer, the chief State school
officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State criminal justice
planning agency, the head of the State child welfare
agency, the head of the State board of education, or
their designees, and representatives of parents,
students, and community-based organizations;
(5) provides an assurance that the State will
cooperate with, and assist, the Secretary in conducting
data collection as required by section 5116(a);
(6) provides an assurance that the local educational
agencies in the State will comply with the provisions
of section 8503 pertaining to the participation of
private school children and teachers in the programs
and activities under this subpart;
(7) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made available
for programs and activities authorized under this
subpart, and in no case supplant such State, local, and
other non-Federal funds;
(8) describes the results of the State's needs and
resources assessment for violence and illegal drug use
prevention which shall be based on the results of on-
going evaluation (which may include data on the
incidence and prevalence, age of onset, perception of
health risk and perception of social disapproval of
violence and illegal drug use by youth in schools and
communities and the prevalence of risk and protective
factors or other scientifically based research
variables in the school and community);
(9)(A) provides a statement of the State's
performance measures for drug and violence prevention
programs and activities to be funded under this part
that shall be developed in consultation between the
State and local officials and that consist of--
(i) performance indicators for drug and
violence prevention programs and activities;
and
(ii) levels of performance for each
performance indicator;
(B) a description of the procedures the State will
use for assessing and publicly reporting progress
toward meeting those performance measures; and
(C) a plan for monitoring the implementation of, and
providing technical assistance regarding, the
activities and programs conducted by local educational
agencies, community-based organizations, other public
entities, and private organizations under this subpart;
(10) provides an assurance that the State will
consult with a representative sample of local
educational agencies in the development of the
definition of ``persistently dangerous school'' for the
purposes of section 5112(c)(3);
(11) provides a description of how the State defines
``persistently dangerous school'' for the purposes of
section 5112(c)(3); and
(12) provides an assurance that the State application
will be available for public review after submission of
the application.
(b) General Approval.--A State application submitted pursuant
to subsection (a) shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination,
prior to the expiration of the 90-day period beginning on the
date that the Secretary receives the application, that the
application is in violation of this subpart.
(c) Disapproval.--The Secretary shall not finally disapprove
a State application, except after giving the State notice and
opportunity for a hearing.
SEC. 5114. FORMULA GRANT PROGRAM.
(a) In General.--
(1) Funds to local educational agencies.--A State
shall provide the amount made available to the State
under this subpart, less the amounts reserved under
sections 5111 and 5112 to local educational agencies
for drug and violence prevention and education as
follows:
(A) 60 percent of such amount based on the
relative amount such agencies received under
part A of title I for the preceding fiscal
year.
(B) 40 percent of such amount to local
educational agencies based on the relative
enrollments in public and private nonprofit
elementary and secondary schools within the
boundaries of such agencies.
(2) Administrative costs.--Of the amount received
under paragraph (1), a local educational agency may use
not more than 1 percent for the administrative costs of
carrying out its responsibilities under this subpart.
(3) Return of funds to state; reallocation.--
(A) Return.--Except as provided in
subparagraph (B), upon the expiration of the 1-
year period beginning on the date that a local
educational agency receives its allocation--
(i) such agency shall return to the
State any funds from such allocation
that remain unobligated; and
(ii) the State shall reallocate any
such amount to local educational
agencies that have submitted plans for
using such amount for programs or
activities on a timely basis.
(B) Carryover.--In any fiscal year, a local
educational agency, may retain for obligation
in the succeeding fiscal year--
(i) an amount equal to not more than
25 percent of the allocation it
received under this subpart for such
fiscal year; or
(ii) upon a demonstration of good
cause by such agency and approval by
the State, an amount that exceeds 25
percent of such allocation.
(b) Eligibility.--To be eligible to receive a subgrant under
this subpart, a local educational agency desiring a subgrant
shall submit an application to the State. Such an application
shall be amended, as necessary, to reflect changes in the
activities and programs of the local educational agency.
(c) Development.--
(1) Consultation.--
(A) In general.--A local educational agency
shall develop its application through timely
and meaningful consultation with State and
local government representatives,
representatives of schools to be served, school
personnel, and community organizations with
relevant and demonstrated expertise in drug and
violence prevention activities, students and
parents.
(B) Continued consultation.--On an ongoing
basis, the local educational agency shall
consult with such representatives and
organizations in order to seek advice regarding
how best to coordinate such agency's activities
under this subpart with other related
strategies, programs, and activities being
conducted in the community.
(2) Design and development.--To ensure timely and
meaningful consultation, a local educational agency at
the initial stages of design and development of a
program or activity shall consult, in accordance with
this subsection, with appropriate entities and persons
on issues regarding the design and development of the
program or activity, including efforts to meet the
principles of effectiveness described in section
5115(a).
(d) Contents of Applications.--
(1) In general.--An application submitted by a local
educational agency under this section shall contain--
(A) an assurance that the activities or
programs to be funded support State academic
achievement goals in accordance with section
1111;
(B) a detailed explanation of the local
educational agency's comprehensive plan for
drug and violence prevention, which shall
include a description of--
(i) how the plan will be coordinated
with programs under this Act, other
Federal, State, and local programs for
drug and violence prevention, in
accordance with the provisions of
section 8306;
(ii) the local educational agency's
performance measures for drug and
violence prevention programs and
activities, that shall consist of--
(I) performance indicators
for drug and violence
prevention programs and
activities; and
(II) levels of performance
for each performance indicator;
(iii) how such agency will assess and
publicly report progress toward
attaining its performance measures;
(iv) the drug and violence prevention
activity or program to be funded,
including how the activity or program
will meet the principles of
effectiveness described in section
5115(a), and the means of evaluating
such activity or program; and
(v) how the services will be targeted
to schools and students with the
greatest need;
(C) a certification that a meaningful
assessment has been conducted to determine
community needs (including consultation with
community leaders, businesses, and school
officials), available resources and capacity in
the public and private sector (which may
include an analysis based on data reasonably
available at the time on the incidence and
prevalence, age of onset, perception of health
risk, and perception of social disapproval of
drug use and violence by youth in schools and
communities, prevalence of risk and protective
factors, buffers or assets, or other
scientifically based research variables in the
school and community), the findings of such
assessments;
(D) an assurance that funds under this
subpart will be used to increase the level of
State, local, and other non-Federal funds that
would, in the absence of funds under this
subpart, be made available for programs and
activities authorized under this subpart, and
in no case supplant such State, local, and
other non-Federal funds;
(E) a description of the mechanisms used to
provide effective notice to the community of an
intention to submit an application under this
title;
(F) an assurance that drug prevention
programs supported under this part convey a
clear and consistent message that the illegal
use of drugs is wrong and harmful;
(G) an assurance that the local educational
agency has established and implemented a
student code of conduct policy that clearly
states responsibilities of students, teachers,
and administrators in maintaining a classroom
environment that allows a teacher to
communicate effectively with all students in
the class, that allows all students in the
class to learn, has consequences that are fair
and appropriate for violations, and is enforced
equitably;
(H) an assurance that the application and any
waiver request will be available for public
review after submission of the application; and
(I) such other information and assurances as
the State may reasonably require.
(2) General approval.--A local educational agency's
application submitted to the State under this subpart
shall be deemed to be approved by the State unless the
State makes a written determination, prior to the
expiration of the 90-day period beginning on the date
that the State receives the application, that the
application is in violation of this subpart.
(3) Disapproval.--The State shall not finally
disapprove a local educational agency application,
except after giving such agency notice and an
opportunity for a hearing.
SEC. 5115. AUTHORIZED ACTIVITIES.
(a) Principles of Effectiveness.--
(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
(A) be based upon an assessment of objective
data regarding the incidence of violence and
illegal drug use in the elementary and
secondary schools and communities to be served,
including an objective analysis of the current
conditions and consequences regarding violence
and illegal drug use, including delinquency and
serious discipline problems, among students who
attend such schools (including private school
students who participate in the drug and
violence prevention program) that is based on
ongoing local assessment or evaluation
activities;
(B) be based upon an established set of
performance measures aimed at ensuring that the
elementary and secondary schools and
communities to be served by the program have a
drug-free, safe, and orderly learning
environment; and
(C) be based upon scientifically based
research that provides evidence that the
program to be used will reduce violence and
illegal drug use.
(2) Periodic evaluation.--The program or activity
shall undergo a periodic evaluation to assess its
progress toward reducing violence and illegal drug use
in schools to be served based on performance measures
described in section 5114(d)(1)(B)(ii) The results
shall be used to refine, improve, and strengthen the
program, and to refine the performance measures. The
results shall also be made available to the public upon
request, with public notice of such availability
provided.
(3) Waiver.--A local educational agency may apply to
the State for a waiver of the requirement of paragraph
(1)(C) to allow innovative activities or programs that
demonstrate substantial likelihood of success.
(b) Local Educational Agency Activities.--
(1) Program requirements.--A local educational agency
shall use funds made available under section 5114 to
develop, implement, and evaluate comprehensive programs
and activities, which are coordinated with other school
and community-based services and programs, that shall--
(A) support State academic achievement goals
in accordance with section 1111;
(B) be consistent with the principles of
effectiveness described in subsection (a);
(C) be designed to--
(i) prevent or reduce violence and
illegal drug use, delinquency, serious
discipline problems, and poor academic
achievement and illegal drug use; and
(ii) create a well disciplined
environment conducive to learning,
which includes consultation between
teachers, principals, and other school
personnel to identify early warning
signs of drug use and violence and to
provide behavioral interventions as
part of classroom management efforts;
and
(D) include activities to promote the
involvement of parents in the activity or
program, to promote coordination with community
groups and coalitions, and government agencies,
and to distribute information about the local
educational agency's needs, goals, and programs
under this subpart.
(2) Authorized activities.--Each local educational
agency or consortium of such agencies, that receives a
subgrant under this subpart may use such funds to carry
out activities, such as--
(A) developmentally appropriate drug and
violence prevention programs in both elementary
and secondary schools that incorporate a
variety of prevention strategies and
activities, which may include--
(i) teaching students that most
people do not use illegal drugs;
(ii) teaching students to recognize
social and peer pressure to use illegal
drugs and the skills for resisting
illegal drug use;
(iii) teaching students about the
dangers of emerging drugs;
(iv) engaging students in the
learning process;
(v) incorporating activities in
secondary schools that reinforce
prevention activities implemented in
elementary schools; and
(vi) involving families and
communities in setting clear
expectations against violence and
illegal drug use and enforcing
appropriate consequences for violence
and illegal drug use;
(B) training of school personnel and parents
in youth drug and violence prevention,
including training in early identification,
intervention, and prevention of threatening
behavior;
(C) community-wide strategies for reducing
violence and illegal drug use, and illegal gang
activity;
(D) to the extent that expenditures do not
exceed 20 percent of the amount made available
to a local educational agency under this
subpart, law enforcement and security
activities, including--
(i) acquisition and installation of
metal detectors;
(ii) hiring and training of security
personnel, that are related to youth
drug and violence prevention;
(iii) reporting of criminal offenses
on school property; and
(iv) development of comprehensive
school security assessments;
(E) expanding and improving school-based
mental health services, including early
identification of violence and illegal drug
use, assessment, and direct individual or group
counseling services provided to students,
parents, and school personnel by qualified
school based mental health services personnel;
(F) establishing and maintaining peer
mediation programs that include educating and
training peer mediators and a designated
faculty supervisor and purchasing necessary
materials to facilitate training and the
mediation process;
(G) alternative education programs or
services that reduce the need for suspensions
or expulsions or programs or services for
students who have been expelled or suspended
from the regular educational settings,
including programs or services to assist
students to reenter the regular education
setting upon return from treatment or
alternative education programs;
(H) counseling, mentoring, and referral
services, and other student assistance
practices and programs, including assistance
provided by qualified school based mental
health services personnel and the training of
teachers by school-based mental health service
providers in appropriate identification and
intervention techniques for students, at risk
of violent behavior and drug use;
(I) activities that reduce truancy;
(J) age appropriate, developmentally based
violence prevention and education programs that
address the legal, health, personal, and social
consequences of illegal drug use and violent
and disruptive behavior and that include
activities designed to help students develop a
sense of individual responsibility and respect
for the rights of others, and to resolve
conflicts without violence;
(K) providing guidance to students that
encourages students to seek advice for anxiety,
threats of violence, or actual violence and to
confide in a trusted adult regarding an
uncomfortable or threatening situation;
(L) the development of educational programs
that prevent school based crime, including
preventing crimes motivated by hate that result
in acts of physical violence at school and any
programs or published materials that address
school based crime shall not recommend or
require any action that abridges or infringes
upon the constitutionally protected rights of
free speech, religion, and equal protection of
students, their parents, or legal guardians;
(M) testing students for illegal drug use or
conducting student locker searches for illegal
drugs or drug paraphernalia consistent with the
4th amendment to the Constitution;
(N) emergency intervention services following
traumatic crisis events, such as a shooting,
major accident, or a drug-related incident,
that has disrupted the learning environment;
(O) establishing and implementing a system
for transferring suspension and expulsion
records by a local educational agency to any
public or private elementary or secondary
school;
(P) allowing students attending a
persistently dangerous public elementary or
secondary school, as determined by the State,
or who become a victim of a violent criminal
offense, as defined by State law, while in or
on the grounds of a public elementary school or
secondary school that the student attends, to
attend a safe public elementary or secondary
school, within the local educational agency,
including a public charter school, and allowing
payment of reasonable transportation costs and
tuition costs for such students;
(Q) the development and implementation of
character education and training programs that
reflect values, that take into account the
views of parents or guardians of the student
for whom the program is intended, which may
include honesty, citizenship, courage, justice,
respect, personal responsibility, and
trustworthiness;
(R) establishing and maintaining a school
violence hotline;
(S) activities to ensure students' safe
travel to and from school, including pedestrian
and bicycle safety education; and
(T) the evaluation of any of the activities
authorized under this subsection and the
collection of any data required by this part.
SEC. 5116. EVALUATION AND REPORTING.
(a) Data Collection.--
(1) In general.--The National Center for Education
Statistics shall report, and when appropriate, collect
data to determine the frequency, seriousness, and
incidence of illegal drug use and violence by youth in
schools and communities in the States, using if
appropriate, data submitted by the States pursuant to
subsection (b).
(2) Report.--The Secretary shall submit to the
Congress a report on the data collected under this
subsection.
(b) State Report.--
(1) In general.--Not later than October 1, 2004, and
every third year thereafter, the chief executive
officer of a State, in consultation with the State
educational agency, shall submit to the Secretary a
report on the implementation and effectiveness of State
and local programs under this subpart.
(2) Special rule.--The report required by this
subsection shall be--
(A) based on the State's ongoing evaluation
activities, and shall include data on the
prevalence of violence and illegal drug use by
youth in schools and communities; and
(B) made available to the public upon
request, with public notice of such
availability provided.
(c) Local Educational Agency Report.--Each local educational
agency receiving funds under this subpart shall submit to the
State such information, and at such intervals as the State
reasonably requires to complete the State report required by
subsection (b), information on the prevalence of violence and
illegal drug use by youth in the schools and the community and
the progress of the local educational agency toward meeting its
performance measures. The report shall be made available to the
public upon request, with public notice of such availability
provided.
Subpart 2--21st Century Schools
SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY SCHOOLS.
(a) State Allotments.--
(1) In general.--Except as provided in paragraph (2),
from the amount made available under section 5003(2) to
carry out this subpart for each fiscal year, the
Secretary shall allocate among the States--
(A) one-half of such amount according to the
ratio between the school-aged population of
each State and the school-aged population of
all the States; and
(B) one-half of such amount according to the
ratio between the amount each State received
under part A of title I for the preceding year
and the sum of such amounts received by all the
States.
(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less
than one-half of 1 percent of the total amount allotted
to all the States under this subsection.
(b) Reallotment of Unused Funds.--If any State does not apply
for an allotment under this subpart for a fiscal year, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
(c) State Funds.--
(1) In general.--Each State that receives a grant
under this subpart shall reserve an amount equal to the
amount allotted to such State under subsection (a),
less the amount reserved under paragraphs (2) and (3)
of this subsection, for each fiscal year for its local
educational agencies.
(2) State administration.--A State may use not more
than 1 percent of the amount made available under
subsection (a) for the administrative costs of carrying
out its responsibilities under this subpart.
(3) State activities.--A State may use not more than
4 percent of the amount made available under subsection
(a) for the following activities:
(A) Monitoring and evaluation of programs and
activities assisted under this subpart.
(B) Providing capacity building, training,
and technical assistance under this subpart.
SEC. 5122. STATE APPLICATION.
(a) In General.--In order to receive an allotment under
section 5121(a) for any fiscal year, a State shall submit to
the Secretary, at such time as the Secretary may require, an
application that--
(1) designates the State educational agency as the
agency responsible for the administration and
supervision of programs assisted under this subpart;
(2) describes the competitive procedures and criteria
the State will use to ensure that grants under this
subpart will support quality extended learning
opportunities;
(3) an assurance that the program will primarily
target schools eligible for schoolwide programs under
section 1114;
(4) describes the steps the State will take to ensure
that programs implement effective strategies, including
providing ongoing technical assistance and training,
evaluation, and dissemination of promising practices;
(5) describe how activities funded under this subpart
will support State academic achievement goals in
accordance with section 1111;
(6) describe how funds under this subpart will be
coordinated with programs under this Act, and other
programs; as appropriate, in accordance with the
provisions of section 8306;
(7) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made available
for programs and activities authorized under this
subpart; and in no case supplant such State, local, and
other non-Federal funds:
(8) provides an assurance that the application was
developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, the heads of the State health and
mental health agencies or their designees,
representatives of teachers, parents, students, the
business community, and community-based organizations,
including religious organizations;
(9) describes the results of the State's needs and
resources assessment for before and after school
activities, which shall be based on the results of on-
going State evaluation activities;
(10) describes how the State will evaluate the
effectiveness of programs and activities carried out
under this subpart which shall include at a minimum--
(A) a description of the performance
indicators and performance measures that will
be used to evaluate programs and activities;
and
(B) public dissemination of the evaluations
of programs and activities carried out under
this subpart; and
(11) provides for timely public notice of intent to
file application and an assurance that the application
will be available for public review after submission of
the application.
(b) General Approval.--A State application submitted pursuant
to subsection (a) shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination,
prior to the expiration of the 90-day period beginning on the
date that the Secretary receives the application, that the
application is in violation of this subpart.
(c) Disapproval.--The Secretary shall not finally disapprove
a State application, except after giving the State notice and
opportunity for a hearing.
SEC. 5123. COMPETITIVE GRANT PROGRAM.
(a) In General.--A State that receives funds under this
subpart shall provide the amount made available under section
5121 to eligible entities for 21st century community learning
programs in accordance with this subpart.
(b) Eligibility.--
(1) In general.--To be eligible to receive a subgrant
under this subpart, an eligible entity desiring a
subgrant shall submit an application to the State that
contains--
(A) a description of the before and after
school activity to be funded including--
(i) an assurance that the program
will take place in a safe and easily
accessible facility;
(ii) a description of how students
participating in the center will travel
safely to and from the community
learning center and back home; and
(iii) a description of how the
eligible applicant will disseminate
information about the project
(including its location) to the
community in a manner that is
understandable and accessible.
(B) a description of how the activity is
expected to improve student academic
performance;
(C) a description of how the activity will
meet the principles of effectiveness described
in section 5124;
(D) an assurance that the program will
primarily target students who attend schools
eligible for schoolwide programs under section
1114;
(E) provides an assurance that funds under
this subpart will be used to increase the level
of State, local, and other non-Federal funds
that would, in the absence of funds under this
subpart, be made available for programs and
activities authorized under this subpart; and
in no case supplant such State, local, and
other non-Federal funds;
(F) a description of the partnership with
local educational agency, a community-based
organization, and another public entity or
private organization, if appropriate;
(G) a certification that a meaningful
assessment has been conducted to determine
community needs, available resources and
capacity in the findings of such assessments,
and a description of the mechanisms used to
provide effective notice to the community of an
intention to submit an application under this
subpart;
(H) a description of the applicants
experience, or promise of success, in providing
educational or related activities that will
compliment and enhance the student's academic
achievement;
(I) an assurance that the applicant will
develop a plan to continue the activity after
funding under this subpart ends;
(J) an assurance that the application and any
waiver request will be available for public
review after submission of the application; and
(K) such other information and assurances as
the State may reasonably require.
(2) Eligible entity.--An eligible entity under this
subpart is a local educational agency, community-based
organization, and other public entity or private
organization or a consortium of two or more of such
groups.
(c) Peer Review.--In reviewing local applications under this
section, a State shall use a peer review process or other
methods of assuring the quality of such applications.
(d) Geographic Diversity.--To the extent practicable, a State
shall distribute funds equitably among geographic areas within
the State.
(e) Duration of Awards.--Grants under this subpart may be
awarded for a period of not less than 3 years and not more than
5 years.
(f) Amount of Awards.--A grant awarded under this subpart may
not be made in an amount of less than $50,000.
(g) Priority.--In making awards under this subpart, the State
shall give priority to applications submitted by applicants
proposing to target services to students who attend schools
that have been identified as in need of improvement under
section 1116.
(h) Permissive Local Match.--
(1) In general.--A State may require an eligible
entity to match funds awarded under this subpart,
except that such match may not exceed the amount of the
grant award.
(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
fee scale that takes into account--
(A) the relative poverty of the population to
be targeted by the eligible entity; and
(B) the ability of the eligible entity to
obtain such matching funds.
(3) Consideration.--Notwithstanding this subsection,
a State shall not consider an eligible entity's ability
to match funds when determining which eligible entities
will receive subgrants under this subpart.
SEC. 5124. LOCAL ACTIVITIES.
(a) Principles of Effectiveness.--
(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
(A) be based upon an assessment of objective
data regarding the need for before and after
school programs and activities in such schools
and communities;
(B) be based upon an established set of
performance measures aimed at ensuring the
availability of quality extended learning
opportunities; and
(C) if appropriate, be based upon
scientifically based research that provides
evidence that the program will help students
meet State and local performance standards to
be used.
(2) Periodic evaluation.--The program or activity
shall undergo a periodic evaluation to assess its
progress toward achieving its goal of providing quality
extended learning opportunities. The results shall be
used to refine, improve, and strengthen the program,
and to refine the performance measures. The results
shall also be made available to the public upon
request, with public notice of such availability
provided.
(3) Waiver.--A local educational agency may apply to
the State for a waiver of the requirement of paragraph
(1)(C) to allow innovative activities or programs that
demonstrate substantial likelihood of success.
(b) Services.--Each eligible entity that receives a subgrant
under this subpart shall use such funds to establish or expand
activities in community learning centers that--
(1) provide quality extended learning opportunities
to help students, particularly students who attend low-
performing schools, to meet State and local student
performance standards in the core academic subjects,
such as reading and mathematics; and
(2) provide students with additional activities, such
as drug and violence prevention programs, art and music
programs, technology education programs, recreational
activity, and character education programs that are
linked to, and reinforce, the regular academic program
of schools those students attend.
(c) Authorized Activities.--Each eligible entity that
receives a subgrant under this subpart may use such funds to
carry out activities, such as--
(1) before and after school activities that advance
student achievement, including--
(A) remedial education activities and
academic enrichment learning programs,
including providing additional assistance to
students in order to allow them to improve
their academic achievement;
(B) math and science education activities;
(C) arts and music education activities;
(D) entrepreneurial education programs;
(E) tutoring services (including those
provided by senior citizen volunteers) and
mentoring programs;
(F) recreational activities;
(G) telecommunications and technology
education programs;
(H) expanded library service hours;
(I) programs that promote parental
involvement; and
(J) programs that provide assistance to
students who have been truant, suspended, or
expelled to allow them to improve their
academic achievement; and
(2) establishing or enhancing programs or initiatives
that improve academic achievement.
(d) Definition.--For the purpose of this section, a
``community learning center'' is an entity that assists
students to meet State and local content and student
performance standards in core academic subjects, such as
reading and mathematics, by providing them with quality
extended learning opportunities and related activities (such as
drug and violence-prevention programs, art and music programs,
recreational programs, technology education programs, and
character education programs) that are linked to, and
reinforce, the regular academic program of schools attended by
the students served and is operated by a local educational
agency, community-based organization, other public entity or
private organization or a consortium of two or more such
groups. Community learning centers shall operate outside school
hours, such as before or after school or when school is not in
session.
Subpart 3--National Programs
SEC. 5131. FEDERAL ACTIVITIES.
(a) Program Authorized.--
(1) In general.--From funds made available to carry
out this part under section 5003(3), the Secretary, in
consultation with the Secretary of Health and Human
Services, the Director of the Office of National Drug
Control Policy, and the Attorney General, shall
evaluate the effectiveness of programs and activities
that prevent violence and the illegal use of drugs by
youth, that promote safety and discipline for students
in elementary and secondary schools, and that provide
before and after school supervision and academic
enrichment, based on the needs reported by States and
local educational agencies.
(2) Coordination.--The Secretary shall carry out
activities described in paragraph (1) directly, or
through grants, contracts, or cooperative agreements
with public and private nonprofit and for-profit
organizations, and individuals, or through agreements
with other Federal agencies, and shall coordinate such
activities with other appropriate Federal activities.
(3) Programs.--Activities described in paragraph (1)
may include--
(A) demonstrations and rigorous
scientifically based evaluations of innovative
approaches to drug and violence prevention and
before and after school activities based on
needs reported by State and local educational
agencies;
(B) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the clearinghouse for alcohol and drug abuse
information established under section
501(d)(16) of the Public Health Service Act;
(C) the provision of information on violence
prevention and school safety to the Attorney
General for dissemination; and
(D) continuing technical assistance to chief
executive officers, State agencies, and local
educational agencies to build capacity to
develop and implement high-quality, effective
programs consistent with the principles of
effectiveness.
(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this section.
Subpart 4--Gun Possession
SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS.
(a) Requirements.--
(1) State law.--Each State receiving funds under this
Act shall--
(A) have in effect a State law requiring each
local educational agency to expel from school
for a period of not less than one year a
student who is determined to have possessed a
firearm in or at a school or on school grounds
under the jurisdiction of a local educational
agency in that State, except that such State
law shall allow the chief administering officer
of such local educational agency to modify such
expulsion requirement for a student on a case-
by-case basis; and
(B) require each local educational agency to
adopt a policy requiring each elementary and
secondary school to refer to the criminal
justice or juvenile delinquency system any
student who possesses a firearm in school.
(2) Construction.--Nothing in this part shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such student's regular school setting from providing
educational services to such student in an alternative
setting.
(b) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under
this Act shall provide to the State, in the application
requesting such assistance--
(1) an assurance that such local educational agency
is in compliance with the requirements of subsection
(a); and
(2) a description of the circumstances surrounding
incidents of possessions and any expulsions imposed
under the State law required by subsection (a)(1),
including--
(A) the name of the school concerned;
(B) the number of students expelled from such
school for firearm possession; and
(C) the type of firearm concerned.
(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
(d) Definitions.--For the purpose of this subpart--
(1) the term ``firearm'' has the same meaning given
to such term under section 921(a)(3) of title 18,
United States Code; and
(2) the term ``school'' does not include a home
school, regardless of whether a home school is treated
as a private school under State law.
Subpart 5--General Provisions
SEC. 5151. DEFINITIONS.
For the purposes of this part, the following terms have the
following meanings:
(1) Before and after school activities.--The term
``before and after school activities'' means academic,
recreational, and enrichment activities for school-age
youth outside of the regular school hours or school
year.
(2) Controlled substance.--The term ``controlled
substance'' means a drug or other substance identified
under Schedule I, II, III, IV, or V in section 202(c)
of the Controlled Substances Act (21 U.S.C. 812(c)).
(3) Drug.--The term ``drug'' includes controlled
substances; the illegal use of alcohol and tobacco; and
the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
(4) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or
education related to the illegal use of drugs;
and
(B) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, on school premises, going to and from
school, and at school-sponsored activities,
through the creation and maintenance of a
school environment that is free of weapons and
fosters individual responsibility and respect
for the rights of others.
(5) Nonprofit.--The term ``nonprofit,'' as applied to
a school, agency, organization, or institution means a
school, agency, organization, or institution owned and
operated by one or more nonprofit corporations or
associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
(6) School-aged population.--The term ``school-aged
population'' means the population aged 5 through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data available from the Department
of Commerce.
(7) School based mental health services provider.--
The term ``school based mental health services
provider'' includes a State licensed or State certified
school counselor, school psychologist, school social
worker, or other State licensed or certified mental
health professional qualified under State law to
provide such services to children and adolescents.
(8) School personnel.--The term ``school personnel''
includes teachers, principals, administrators, guidance
counselors, social workers, psychologists, nurses,
librarians, and other support staff who are employed by
a school or who perform services for the school on a
contractual basis.
(9) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 5152. MESSAGE AND MATERIALS.
(a) ``Wrong and Harmful'' Message.--Drug prevention programs
supported under this title shall convey a clear and consistent
message that the illegal use of drugs is wrong and harmful.
(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part.
SEC. 5153. PARENTAL CONSENT.
Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program or activity funded
under this title. The local educational agency shall make
reasonable efforts to inform parents or legal guardians of the
content of such programs or activities funded under this title,
other than classroom instruction.
SEC. 5154. PROHIBITED USES OF FUNDS.
No funds under this part may be used for--
(1) construction (except for minor remodeling needed
to accomplish the purposes of this part); or
(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of, or
witnesses to, use of drugs or crime.
PART B--ENHANCING EDUCATION THROUGH TECHNOLOGY
SEC. 5201. SHORT TITLE.
This part may be cited as the ``Enhancing Education Through
Technology Act of 2001''.
SEC. 5202. PURPOSES.
The purposes of this part are as follows:
(1) To provide assistance to States and localities
for implementing innovative technology initiatives that
lead to increased student academic achievement and that
may be evaluated for effectiveness and replicated if
successful.
(2) To encourage the establishment or expansion of
initiatives, including those involving public-private
partnerships, designed to increase access to
technology, particularly in high-need local educational
agencies.
(3) To assist States and localities in the
acquisition, development, interconnection,
implementation, improvement, and maintenance of an
effective educational technology infrastructure in a
manner that expands access to technology for students
(particularly for disadvantaged students) and teachers.
(4) To promote initiatives that provide school
teachers, principals, and administrators with the
capacity to effectively integrate technology into
curriculum that is aligned with challenging State
academic content and student academic achievement
standards, through such means as high quality
professional development programs.
(5) To enhance the ongoing professional development
of teachers, principals, and administrators by
providing constant access to updated research in
teaching and learning via electronic means.
(6) To support the development of electronic networks
and other innovative methods, such as distance
learning, of delivering challenging courses and
curricula for students who would otherwise not have
access to such courses and curricula, particularly in
geographically remote regions.
(7) To support the rigorous evaluation of programs
funded under this part, particularly the impact of such
initiatives on student academic performance, and ensure
that timely information on the results of such
evaluations is widely accessible through electronic
means.
(8) To support local efforts for the use of
technology to promote parent and family involvement in
education and communication among students, parents,
teachers, principals, and administrators.
SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
(a) In General.--There are authorized to be appropriated--
(1) to carry out subparts 1 and 2 of this part--
(A) $1,000,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for each of
fiscal years 2003 through 2006; and
(2) to carry out subpart 3 of this part--
(A) $24,500,000 for fiscal year 2002; and
(B) such sums as may be necessary for each of
fiscal years 2003 through 2006.
(b) Allocation of Funds Between National and State and Local
Initiatives.--The amount of funds made available under
subsection (a) shall be allocated as follows:
(1) Not less than 95 percent shall be made available
for State and local technology initiatives under
subpart 1.
(2) Not more than 5 percent may be made available for
activities of the Secretary under subpart 2, of which
not more than $15,000,000 may be used for the study
required by section 5221(a)(1).
SEC. 5204. DEFINITIONS.
In this part:
(1) The term ``distance learning'' means the
transmission of educational or instructional
programming to geographically dispersed individuals and
groups via telecommunications.
(2) The term ``eligible local entity'' means--
(A) a high-need local educational agency; or
(B) an eligible local partnership.
(3) The term ``eligible local partnership'' means a
partnership that includes at least one high-need local
educational agency and at least one--
(A) local educational agency that can
demonstrate that teachers in schools served by
that agency are effectively integrating
technology and proven teaching practices into
instruction, based on scientifically based
research, that result in improvement in--
(i) classroom instruction in the core
academic subject areas; and
(ii) the preparation of students to
meet challenging State academic content
and student academic achievement
standards;
(B) institution of higher education that is
in full compliance with the reporting
requirements of section 207(f) of the Higher
Education Act of 1965 (20 U.S.C. 1027(f)) and
that has not been identified by its State as
low-performing under section 208 of such Act
(20 U.S.C. 1028);
(C) for-profit business or organization that
develops, designs, manufactures, or produces
technology products or services, or has
substantial expertise in the application of
technology; or
(D) public or private nonprofit organization
with demonstrated experience in the application
of educational technology.
(4) The term ``high-need local educational agency''
means a local educational agency that--
(A) is among the local educational agencies
in the State with the highest numbers or
percentages of children from families with
incomes below the poverty line, as defined by
the Office of Management and Budget and revised
annually in accordance with section 673(2) of
the Community Services Block Grant Act (42
U.S.C. 9902(2));
(B) includes one or more schools identified
under section 1116; and
(C) has a substantial need for assistance in
acquiring and using technology.
SEC. [3601] 5205. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR
SCHOOLS.
(a) Internet Safety.--
(1) In general.--No funds made available under this
[title] part to a local educational agency for an
elementary or secondary school that does not receive
services at discount rates under section 254(h)(5) of
the Communications Act of 1934, as added by section
1721 of Children's Internet Protection Act, may be used
to purchase computers used to access the Internet, or
to pay for direct costs associated with accessing the
Internet, for such school unless the school, school
board, local educational agency, or other authority
with responsibility for administration of such school
both--
(A) * * *
* * * * * * *
(2) Timing and applicability of implementation.--
(A) * * *
(B) Process.--
(i) * * *
* * * * * * *
Any school covered by paragraph (1) for
which the local educational agency
concerned is unable to certify
compliance with such requirements in
such second program year shall be
ineligible for all funding under this
[title] part for such second program
year and all subsequent program years
until such time as such school comes
into compliance with such requirements.
(iii) Waivers.--Any school subject to
a certification under clause (ii)(II)
for which the local educational agency
concerned cannot make the certification
otherwise required by that clause may
seek a waiver of that clause if State
or local procurement rules or
regulations or competitive bidding
requirements prevent the making of the
certification otherwise required by
that clause. The local educational
agency concerned shall notify the
Secretary of the applicability of that
clause to the school. Such notice shall
certify that the school will be brought
into compliance with the requirements
in paragraph (1) before the start of
the third program year after the
effective date of this section in which
the school is applying for funds under
this [title] part.
(3) Disabling during certain use.--An administrator,
supervisor, or person authorized by the responsible
authority under paragraph (1) may disable the
technology protection measure concerned to enable
access for bona fide research or other lawful purposes.
(4) Noncompliance.--
(A) Use of general education provisions act
remedies.--Whenever the Secretary has reason to
believe that any recipient of funds under this
[title] part is failing to comply substantially
with the requirements of this subsection, the
Secretary may--
(i) withhold further payments to the
recipient under this [title] part,
* * * * * * *
(5) Definitions.--In this section:
(A) * * *
* * * * * * *
(C) Acquisition or operation.--A elementary
or secondary school shall be considered to have
received funds under this [title] part for the
acquisition or operation of any computer if
such funds are used in any manner, directly or
indirectly--
(i) * * *
* * * * * * *
Subpart 1--State and Local Technology for Success Grants
SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.
(a) In General.--Except as otherwise provided in this
subpart, each State shall be eligible to receive a grant under
this subpart for a fiscal year in an allotment determined as
follows:
(1) 50 percent shall bear the same relationship to
the amount made available under section 5203(b)(1) for
such year as the amount such State received under part
A for title I for such year bears to the amount
received for such year under such part by all States.
(2) 50 percent shall be determined on the basis of
the State's relative population of individuals age 5
through 17, as determined by the Secretary on the basis
of the most recent satisfactory data.
(b) Reservation of Funds for Bureau of Indian Affairs and
Outlying Areas.--Of the amount made available to carry out this
subpart under section 5203(b)(1) for a fiscal year--
(1) the Secretary shall reserve \1/2\ of 1 percent
for the Secretary of the Interior for programs under
this subpart for schools operated or funded by the
Bureau of Indian Affairs; and
(2) the Secretary shall reserve \1/2\ of 1 percent to
provide assistance under this subpart to the outlying
areas.
(c) Minimum Allotment.--The amount of any State's allotment
under subsection (a) for any fiscal year may not be less than
\1/2\ of 1 percent of the amount made available under section
5203(b)(1) for such year.
(d) Reallotment of Unused Funds.--If any State does not apply
for an allotment under this subpart for a fiscal year, or does
not use its entire allotment for that fiscal year, the
Secretary shall reallot the amount of the State's allotment, or
the unused portion thereof, to the remaining States in
accordance with this section.
SEC. 5212. USE OF ALLOTMENT BY STATE.
(a) In General.--Of the amount provided to a State from its
allotment under section 5211--
(1) the State may use not more than 5 percent to
carry out activities under section 5215; and
(2) subject to subsection (b), not less than 95
percent shall be distributed by the State as follows:
(A) 60 percent of such amount shall--
(i) be awarded to local educational
agencies that have submitted
applications to the State under section
5214 (which, in the case of a local
educational agency that is an eligible
local entity, may be combined with an
application for funds awarded under
subparagraph (B)), in an amount that
bears the same relationship to the
amount made available under section
5211(a) for such year as the amount
such local educational agency received
under part A of title I for such year
bears to the amount received for such
year under such part by all local
educational agencies within the State;
and
(ii) be used for the activities
described in section 5216.
(B) 40 percent of such amount shall be
awarded through a State-determined competitive
process to eligible local entities that have
submitted applications to the State under
section 5214 (which, in the case of an eligible
local entity that is a local educational
agency, may be combined with an application for
funds provided under subparagraph (A)), to be
used to carry out activities consistent with
activities described in section 5216.
(b) Continuation of Awards.--Notwithstanding section 3 of the
No Child Left Behind Act of 2001, a State shall make
continuation awards on multiyear grants awarded by the State
under section 3132(a)(2) (as in effect on the day preceding the
date of enactment of such Act) from the funds described in
subsection (a)(2) for the shorter of--
(1) the duration of the original grant period; or
(2) two years after the date of enactment of such
Act.
SEC. 5213. STATE APPLICATIONS.
(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit an application to the Secretary
containing a new or updated statewide, long-range strategic
educational technology plan (which shall consider the
educational technology needs of local educational agencies),
and such other information as the Secretary may reasonably
require, at such time and in such manner as the Secretary may
specify.
(b) Contents.--Each State application submitted under this
section shall include the following:
(1) A description of how the State will use funds
provided under this subpart to improve the academic
achievement of all students and to improve the capacity
of all teachers to provide instruction in the State
through the use of education technology.
(2) A description of the State's goals for using
advanced technology to improve student achievement
aligned to challenging State academic content and
student academic achievement standards.
(3) A description of how the State will take steps
(including through public and private partnerships) to
ensure that all students and teachers in the State,
particularly those residing or teaching in districts
served by high-need local educational agencies, will
have increased access to educational technology.
(4) A description of--
(A) how the State will ensure that ongoing
integration of technology into instructional
strategies and school curricula in all schools
in the State so that technology will be fully
integrated into those schools by December 31,
2006; and
(B) the process and accountability measures
the State will use for the evaluation of such
integration, including whether such
integration--
(i) has increased the ability of
teachers to teach effectively; and
(ii) has enabled students to meet
challenging State academic content and
student academic achievement standards.
(5) A description of how the State will encourage the
development and utilization of innovative strategies
for the delivery of specialized or rigorous academic
courses and curricula through the use of technology and
distance learning, particularly for those areas of the
State that would not otherwise have access to such
courses and curricula due to geographical isolation or
insufficient resources.
(6) An assurance that financial assistance provided
under this subpart shall supplement, not supplant,
State and local funds.
(7) A description of how the State will ensure that
every teacher and principal within a school funded
under this subpart will be computer-literate and
proficient (as determined by the State) by December 31,
2006.
(8) A description of how the State will ensure that
each grant under section 5212(a)(2)(B) to an eligible
local applicant is of sufficient duration, size, scope,
and quality to carry out the purposes of this part
effectively.
(9) A description of how the State educational agency
will provide technical assistance to eligible local
applicants, and its capacity for providing such
assistance, including developing public and private
partnerships under this part.
(c) Deemed Approval.--A State application submitted to the
Secretary under this section shall be deemed to be approved by
the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 90-day period
that begins on the date the Secretary receives the complete
application, that the application does not reasonably meet the
purposes of this subpart.
(d) Disapproval.--The Secretary may issue a final disapproval
of a State's application under this subpart only after giving
the State notice and an opportunity for a hearing.
(e) Dissemination of Information on State Applications.--The
Secretary shall make information on State applications under
this subpart widely available to schools and the general
public, including through dissemination on the Internet, in a
timely and user-friendly manner.
SEC. 5214. LOCAL APPLICATIONS.
(a) In General.--An applicant seeking to receive funds from a
State under this subpart shall submit to the State an
application containing a new or updated long-range local
strategic educational technology plan consistent with the
objectives of the statewide education technology plan described
in section 5213(a), and such other information as the State may
reasonably require, at such time, and in such manner as the
State may specify.
(b) Contents of Local Application.--Each local application
described in this section shall include the following:
(1) A description of how the applicant will use
Federal funds provided under this subpart to improve
the academic achievement of all students and to improve
the capacity of all teachers to provide instruction
through the use of education technology.
(2) A description of the applicant's specific goals
for using advanced technology to improve student
achievement aligned to challenging State academic
content and student academic achievement standards.
(3) A description of--
(A) how the applicant will take steps to
ensure that all students and teachers in
schools served by the local educational agency
(particularly those in high-poverty and high-
need schools) have increased access to
educational technology; and
(B) how such technology will be used to
improve the academic achievement for such
students.
(4) A description of how the applicant will promote--
(A) the utilization of teaching strategies
and curricula, based on scientifically based
research, which effectively integrate
technology into instruction, leading to
improvements in student academic achievement as
measured by challenging State academic content
and student academic achievement standards; and
(B) sustained and intensive, high-quality
professional development consistent with
section 2033 (as applicable), based on
scientifically based research, which increases
teacher and principal capacity to create
improved learning environments through the
integration of technology into instruction
through proven strategies and improved content
as described in subparagraph (A).
(5) A description of how the applicant will integrate
technology across the curriculum and a time line for
such integration, including a description of how the
applicant will make effective use of new and emerging
technologies and teaching practices that are linked to
such emerging technologies to provide challenging
content and improved classroom instruction.
(6) A description of how the applicant will
coordinate education technology activities funded under
this subpart, including professional development, with
any such activities provided under other Federal,
State, and local programs, including those authorized
under title I, title II, title IV, and the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.) and the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.).
(7) A description of the accountability measures and
process the applicant will use for the evaluation of
the extent to which funds provided under this subpart
were effective in integrating technology into school
curriculum, increasing the ability of teachers to
teach, and enabling students to meet challenging State
academic content and student academic achievement
standards.
(8) A description of how the applicant will encourage
the development and utilization of innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of
technology and distance learning, particularly for
those areas that would not otherwise have access to
such courses and curricula due to geographical
isolation or insufficient resources.
(9) A description of what steps the applicant has
taken, or will take, to comply with section 5205(a)(1).
(10) If requested by the State--
(A) a description of how the applicant will
use funds provided under this subpart in a
manner that is consistent with any statewide
education technology priorities that may be
established by the State consistent with this
subpart; and
(B) an assurance that any technology obtained
with funds provided under this subpart will
have compatibility and interconnectivity with
technology obtained with funds provided
previously under title III (as in effect on the
day preceding the date of enactment of the No
Child Left Behind Act of 2001), as appropriate.
SEC. 5215. STATE ACTIVITIES.
(a) In General.--From funds made available under section
5212(a)(1), a State shall carry out activities and assist local
efforts to carry out the purposes of this subpart, which may
include the following activities:
(1) Developing, or assisting applicants in the
development and utilization of, innovative strategies
to deliver rigorous academic programs through the use
of technology and distance learning, and providing
other technical assistance to such applicants
throughout the State, with a priority to high-need
local educational agencies.
(2) Establishing or supporting public-private
initiatives, such as interest-free or reduced-cost
loans for the acquisition of educational technology for
high-need local educational agencies and students
attending schools served by such agencies.
(3) Assisting applicants in providing sustained and
intensive, high-quality professional development based
on scientifically based research in the integration of
advanced technologies (including emerging technologies)
into curriculum and in using those technologies to
create new learning environments, including training in
the use of technology to--
(A) access data and resources to develop
curricula and instructional materials;
(B) enable teachers--
(i) to use the Internet to
communicate with parents, other
teachers, principals, and
administrators; and
(ii) to retrieve Internet-based
learning resources; and
(C) lead to improvements in classroom
instruction in the core academic subject areas,
which effectively prepare students to meet
challenging State academic content and student
academic achievement standards.
(4) Assisting applicants in providing all students
(including students with disabilities and students with
limited English proficiency) and teachers with access
to educational technology.
(5) Establishing or expanding access to technology in
areas served by high-need local educational agencies,
with special emphasis on access provided through
technology centers in partnership with libraries and
with the support of the private sector.
(6) Developing enhanced performance measurement
systems to determine the effectiveness of education
technology programs funded under this subpart,
particularly in determining the extent to which
education technology funded under this subpart has been
successfully integrated into teaching strategies and
school curriculum, has increased the ability of
teachers to teach, and has enabled students to meet
challenging State academic content and student academic
achievement standards.
(7) Collaborating with other States on distance
learning, including making advanced courses available
to students who would otherwise not have access to such
courses.
(b) Limitation on Administrative Costs.--Of the 5 percent of
the State's allotment under section 5211 which may be used to
carry out activities under this section, not more than 40
percent may be used by the State for administrative costs.
SEC. 5216. LOCAL ACTIVITIES.
(a) Professional Development.--A recipient of funds made
available under section 5212(a)(2)(A) shall use not less than
20 percent of such funds to provide sustained and intensive,
high-quality professional development, consistent with section
2033 (as applicable), based on scientifically based research in
the integration of advanced technologies (including emerging
technologies) into curriculum and in using those technologies
to create new learning environments, including professional
development in the use of technology to--
(1) access data and resources to develop curricula
and instructional materials;
(2) enable teachers--
(i) to use the Internet to communicate with
parents, other teachers, principals, and
administrators; and
(ii) to retrieve Internet-based learning
resources; and
(3) lead to improvements in classroom instruction in
the core academic subject areas, which effectively
prepare students to meet challenging State academic
content and student academic achievement standards.
(b) Waiver.--Subsection (a) does not apply to a recipient of
funds under section 5212(a)(2)(A) that demonstrates, to the
satisfaction of the State, that such recipient already provides
sustained and intensive, high-quality professional development
based on scientifically based research in the integration of
technology (including emerging technologies) into the
curriculum.
(c) Other Activities.--In addition to the activities
described in subsection (a), a recipient of funds distributed
by a State under section 5212(a)(2)(A) shall use such funds to
carry out other activities consistent with this subpart, which
may include the following:
(1) Adapting or expanding existing and new
applications of technology to enable teachers to
increase student academic achievement through the use
of teaching practices and advanced technologies that
are based on scientifically based research and are
designed to prepare students to meet challenging State
academic content and student academic achievement
standards, and for developing and utilizing innovative
strategies to deliver rigorous academic programs.
(2) Expanding, acquiring, implementing, applying, and
maintaining education technology as a means to improve
the academic achievement of all students.
(3) The establishment or expansion of initiatives,
particularly those involving public-private
partnerships, designed to increase access to technology
for students and teachers, with special emphasis on the
access of high-need local educational agencies to
technology.
(4) Using technology to promote parent and family
involvement, and support communications between
students, parents, and teachers.
(5) Acquiring proven and effective curricula that
include integrated technology and are designed to help
students achieve challenging State academic content and
student academic achievement standards.
(6) Using technology to collect, manage, and analyze
data to inform school improvement efforts.
(7) Implementing enhanced performance measurement
systems to determine the effectiveness of education
technology programs funded under this subpart,
particularly in determining the extent to which
education technology funded under this subpart has been
successfully integrated into teaching strategies and
school curriculum, has increased the ability of
teachers to teach, and has enabled students to meet
challenging State academic content and student academic
achievement standards.
(8) Preparing one or more teachers in elementary and
secondary schools as technology leaders who are
provided with the means to serve as experts and train
other teachers in the effective use of technology.
(9) Establishing or expanding access to technology in
areas served by high-need local educational agencies,
with special emphasis for access provided through
technology centers in partnership with libraries and
with the support of the private sector.
Subpart 2--National Technology Activities
SEC. 5221. NATIONAL ACTIVITIES.
(a) In General.--Using funds made available under section
5203(b)(2), the Secretary--
(1) shall--
(A) conduct an independent, long-term study,
utilizing scientifically based research methods
and control groups, on the effect of
educational technology on improving student
academic achievement;
(B) include in the study an identification of
uses of educational technology (including how
teachers can integrate technology into the
curricula) that have a measurable positive
impact on student achievement;
(C) establish an independent review panel to
advise the Secretary on methodological and
other issues that arise in conducting this
long-term study; and
(D) submit to the Congress interim reports,
when appropriate, and a final report, to be
submitted not later than 6 months before the
end of fiscal year 2006, on the findings of the
study;
(2) may fund national technology initiatives that are
supported by scientifically based research and utilize
technology in education, through the competitive award
of grants or contracts, pursuant to a peer review
process, to States, local educational agencies,
eligible local entities, institutions of higher
education, public agencies, and private nonprofit or
for-profit agencies; and
(3) may provide technical assistance (directly or
through the competitive award of grants or contracts)
to States, local educational agencies, and other
recipients of funds under this part in order to assist
such States, local educational agencies, and other
recipients to achieve the purposes of this part.
(b) National Technology Initiatives.--
(1) Use of funds.--In funding national technology
initiatives under subsection (a)(2), the Secretary--
(A) shall place a priority on projects that--
(i) develop innovative models using
electronic networks or other forms of
distance learning to provide
challenging courses that are otherwise
not readily available to students in a
particular school district,
particularly in rural areas; or
(ii) increase access to technology to
students served by high-need local
educational agencies; and
(B) shall, in order to identify effective
uses of educational technology that have a
measurable positive impact on student
achievement and as specified in paragraph (3)--
(i) develop tools and provide
resources and support, including
technical assistance, for recipients of
funds under subsection (a)(2) to
effectively evaluate their activities;
and
(ii) disseminate the evaluations made
under paragraph (2)(A)(ii).
(2) Requirements for recipients of funds.--
(A) Application.--In order to receive a grant
or contract under subsection (a)(2), an entity
shall submit an application to the Secretary
(at such time and in such form as the Secretary
may require), and shall include in the
application--
(i) a description of the project
proposed to be carried out with the
grant or contract and how it would
carry out the purposes of subsection
(a)(2); and
(ii) a detailed plan for an
independent evaluation, supported by
scientifically based research
principles, of the project to determine
the impact on the academic achievement
of students served under such project,
as measured by challenging State
academic content and student academic
achievement standards.
(B) Non-federal share.--
(i) In general.--Subject to clauses
(ii) and (iii), the Secretary may
require any recipient of a grant or
contract under subsection (a)(2) to
share in the cost of the activities
assisted under such grant or contract,
which may be in the form of cash or in-
kind contributions, fairly valued.
(ii) Increase.--The Secretary may
increase the non-Federal share required
of a recipient of a grant or contract
under subsection (a)(2) after the first
year such recipient receives funds
under such grant or contract.
(iii) Maximum.--The non-Federal share
required under this subsection may not
exceed 50 percent of the cost of the
activities assisted under a grant or
contract under this subpart.
(iv) Notice.--The Secretary shall
publish, in the Federal Register, the
non-Federal share required under this
subparagraph.
(3) Evaluation and dissemination.--The Secretary
shall make information on each project funded with a
grant or contract under subsection (a)(2) widely
available to schools and the general public, including
through dissemination on the Internet, in a timely and
user-friendly manner. This information shall, at a
minimum, include--
(A) upon the awarding of such a grant or
contract under subsection (a)(2), the
identification of the grant or contract
recipient, the amount of the grant or contract,
the stated goals of the grant or contract, the
methods by which the grant or contract will be
evaluated in meeting such stated goals, and the
timeline for meeting such goals;
(B) not later than 3 months after the
completion of the first year of the project
period, information on the progress of the
grant or contract recipient in carrying out the
grant or contract, including a detailed
description of the use of the funds provided,
the extent to which the stated goals have been
reached, and the results (or progress of) the
evaluation of the project; and
(C) not later than 3 months after the
completion of the second year of the project
period (and updated thereafter as appropriate),
a followup to the information described in
subparagraph (B).
Subpart 3--Ready to Learn, Ready to Teach
SEC. 5231. READY TO LEARN TELEVISION.
(a) Program Authorized.--
(1) In general.--The Secretary shall award grants to
or enter into contracts or cooperative agreements with
eligible entities described in paragraph (3) to--
(A) develop, produce, and distribute
educational and instructional video programming
for preschool and elementary school children
and their parents in order to facilitate
student academic achievement;
(B) facilitate the development (directly or
through contracts with producers of children
and family educational television programming)
of educational programming for preschool and
elementary school children and accompanying
support materials and services that directly
promote the effective use of such programming;
(C) facilitate the development of programming
and digital content especially designed for
nationwide distribution over digital
broadcasting channels and the Internet,
containing Ready to Learn-based children's
programming and resources for parents and
caregivers;
(D) enable such entities to contract with
other entities (such as public
telecommunications entities) so that programs
under this section are disseminated and
distributed by the most appropriate
distribution technologies to the widest
possible audience appropriate to be served by
the programming; and
(E) develop and disseminate training and
support materials, including interactive
programs and programs adaptable to distance
learning technologies which are designed to--
(i) promote school readiness; and
(ii) promote the effective use of programming
developed under subparagraphs (B) and (C) among
parents, Head Start providers, Even Start and
providers of family literacy services, child
care providers, early childhood development
personnel, and elementary school teachers,
public libraries, and after school program
personnel caring for preschool and elementary
school children.
(2) Availability.--In making grants, contracts, or
cooperative agreements under this subsection, the
Secretary shall ensure that recipients increase the
effective use of the programming under this section by
making it widely available with support materials, as
appropriate, to young children, their parents, child
care workers, Head Start providers, Even Start and
providers of family literacy services.
(3) Eligible entities described.--In this section, an
``eligible entity'' means a nonprofit entity (including
a public telecommunications entity) which is able--
(A) to demonstrate a capacity for the
development and national distribution of
educational and instructional television
programming of high quality which is accessible
by a large majority of disadvantaged preschool
and elementary school children; and
(B) to demonstrate--
(i) a capacity to contract with the
producers of children's television
programming for the purpose of
developing educational television
programming of high quality which is
accessible by a large majority of
disadvantaged preschool and elementary
school children, and
(ii) consistent with the entity's
mission and nonprofit nature, a
capacity to negotiate such contracts in
a manner which returns to the entity an
appropriate share of any ancillary
income from sales of any program-
related products.
(4) Cap on administrative costs.--An entity receiving
a grant, contract, or cooperative agreement from the
Secretary under this subsection may not use more than 5
percent of the amounts received under the grant,
contract, or cooperative agreement for the expenses of
administering the grant, contract, or cooperative
agreement.
(5) Coordination of activities.--An entity receiving
a grant, contract, or cooperative agreement from the
Secretary under this subsection shall work with the
Secretary and the Secretary of Health and Human
Services to--
(A) maximize the utilization by preschool and
elementary school children of the programming
under this section and to make such programming
widely available to federally funded programs
serving such populations; and
(B) coordinate with Federal programs that
have major training components for early
childhood development (including Head Start,
Even Start, family literacy services, and State
training activities funded under the Child Care
Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.)) regarding the availability and
utilization of materials developed with funds
provided under this section to enhance parent
and child care provider skills in early
childhood development and education.
(b) Applications.--Any entity desiring a grant, contract, or
cooperative agreement under subsection (a) shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
(c) Report and Evaluation..--
(1) Annual report by grant recipients to secretary.--
Each entity receiving funds under this section shall
prepare and submit to the Secretary an annual report
which contains such information as the Secretary may
require. At a minimum, the report shall describe the
program activities undertaken with funds received under
this section, including information regarding--
(A) the programming that has been developed
directly or indirectly by the entity and the
target population of the programs developed;
(B) the support and training materials that
have been developed to accompany the
programming and the method by which such
materials are distributed to consumers and
users of the programming;
(C) the means by which the programming has
been distributed, including the distance
learning technologies that have been utilized
to make programming available and the
geographic distribution achieved through such
technologies; and
(D) the initiatives undertaken by the entity
to develop public-private partnerships to
secure non-Federal support for the development
and distribution and broadcast of educational
and instructional programming.
(2) Report to congress.--The Secretary shall prepare
and submit to the relevant committees of Congress a
biannual report on the activities funded and carried
out under this section, and shall include in the
report--
(A) a summary of the programming developed
using funds provided under this section; and
(B) a description of the training materials
developed using funds provided under this
section, the manner in which outreach has been
conducted to inform parents and child care
providers of the availability of such
materials, and the manner in which such
materials have been distributed.
(d) Funding Rule.--Not less than 60 percent of the amounts
authorized to be appropriated under section 5233 for any fiscal
year shall be used to carry out subparagraphs (B) and (C) of
subsection (a)(1).
SEC. 5232. TELECOMMUNICATIONS PROGRAM.
(a) In General.--The Secretary may carry out any of the
following activities:
(1) Awarding grants to a nonprofit telecommunications
entity (or a partnership of such entities) for the
purpose of carrying out a national telecommunications-
based program to improve the teaching of core academic
subjects and to assist elementary and secondary school
teachers in preparing all students to achieve State
academic content standards.
(2) Awarding grants to or entering into contracts or
cooperative agreements with a local public
telecommunications entity to develop, produce, and
distribute educational and instructional video
programming which is designed for use by elementary and
secondary school students, created for or adaptable to
State academic content standards, and capable of
distribution through digital broadcasting and school
digital networks.
(b) Applications.--
(1) In general.--Any telecommunications entity or
partnership of such entities desiring a grant under
this section shall submit an application to the
Secretary.
(2) Specific requirements for national
telecommunications-based program.--Each application for
a grant under subsection (a)(1) shall--
(A) demonstrate that the applicant will use
the existing publicly funded telecommunications
infrastructure, the Internet, and school
digital networks (where available) to deliver
video, voice, and data in an integrated service
to train teachers in the use of materials and
learning technologies for achieving State
academic content standards;
(B) assure that the program for which
assistance is sought will be conducted in
cooperation with States as appropriate, local
educational agencies, and State or local
nonprofit public telecommunications entities;
(C) assure that a significant portion of the
benefits available for elementary and secondary
schools from the program for which assistance
is sought will be available to schools of local
educational agencies which have a high
percentage of children counted for the purpose
of part A of title I; and
(D) contain such additional assurances as the
Secretary may reasonably require.
(c) Approval of Applications; Number of Demonstration
Sites.--In approving applications under this section, the
Secretary shall assure that--
(1) the national telecommunications-based program
under subsection (a)(1) is conducted at elementary and
secondary school sites in at least 15 States; and
(2) grants under subsection (a)(2) are awarded on a
competitive basis and for a period of 3 years to
entities which--
(A) enter into multiyear collaborative
arrangements for content development with State
educational agencies, local educational
agencies, institutions of higher education,
businesses, or other agencies and
organizations, and
(B) contribute non-Federal matching funds
(including funds provided for transitions to
digital broadcasting as well as in-kind
contributions) to the activities assisted with
the grant in an amount not less than 100
percent of the amount of the grant.
PART C--CHARACTER EDUCATION
SEC. 5301. CHARACTER EDUCATION PROGRAM.
(a) Program Authorized.--
(1) In general.--The Secretary may make grants to
State educational agencies, local educational agencies,
or consortia of such agencies for the design and
implementation of character education programs that--
(A) can be integrated into State academic
content standards for the core academic
subjects; and
(B) can be carried out in conjunction with
other educational reform efforts.
(2) Duration.--Each grant under this section shall be
made for a period not to exceed 5 years, of which the
grant recipient may not use more than 1 year for
planning and program design.
(b) Contracts Under Program.--
(1) Evaluation.--Each agency or consortium receiving
assistance under this section may contract with outside
sources, including institutions of higher education and
private and nonprofit organizations (including
religious organizations), for the purposes of--
(A) evaluating the program for which the
assistance is made available;
(B) measuring the integration of such program
into the curriculum and teaching methods of
schools where the program is carried out; and
(C) measuring the success of such program in
fostering the elements of character selected by
the recipient under subsection (c)(1).
(2) Materials and program development.--Each agency
or consortium receiving assistance under this section
may contract with outside sources, including
institutions of higher education and private and
nonprofit organizations (including religious
organizations), for assistance in--
(A) developing secular curricula, materials,
teacher training, and other activities related
to character education; and
(B) integrating secular character education
into the curriculum and teaching methods of
schools where the program is carried out.
(c) Elements of Character.--
(1) Selection.--
(A) In general.--Each agency or consortium
receiving assistance under this section may
select the elements of character that will be
taught under the program for which the
assistance is made available.
(B) Consideration of views.--In selecting
elements of character under paragraph (1), the
agency or consortium shall consider the views
of the parents or guardians of the students to
be taught under the program.
(2) Example elements.--Elements of character selected
under this subsection may include any of the following:
(A) Trustworthiness.
(B) Respect.
(C) Responsibility.
(D) Fairness.
(E) Caring.
(F) Citizenship.
(G) Giving.
(d) Application.--
(1) In general.--Each agency or consortium seeking
assistance under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may require.
(2) Required information.--Each application for
assistance under this section shall include information
that--
(A) demonstrates that the program for which
the assistance is sought has clear goals and
objectives that are based on scientifically
based research;
(B) describes the activities that will be
carried out with the assistance and how such
activities will meet the goals and objectives
described in paragraph (1); and
(C) describes how the program for which the
assistance is sought will be linked to other
efforts to improve educational achievement,
including--
(i) broader educational reforms that
are being instituted by the applicant
or its partners; and
(ii) applicable State academic
content standards for student
achievement.
(e) Selection of Recipients.--
(1) Peer review.--
(A) In general.--In selecting agencies or
consortia to receive assistance under this
section from among the applicants for such
assistance, the Secretary shall use a peer
review process that includes the participation
of experts in the field of character education.
(B) Use of funds.--The Secretary may use
funds appropriated under this section for the
cost of carrying out peer reviews under this
paragraph.
(2) Selection criteria.--Each selection under
paragraph (1) shall be made on the basis of the quality
of the application submitted, taking into consideration
such factors as--
(A) the extent of parental, student, and
community involvement in the program; and
(B) the likelihood that the goals of the
program will be realistically achieved.
(3) Equitable distribution.--In making selections
under this subsection, the Secretary shall ensure, to
the extent practicable under paragraph (2), that the
programs assisted under this section are equitably
distributed among the geographic regions of the United
States, and among urban, suburban, and rural areas.
(f) Evaluations.--
(1) In general.--As a condition of receiving
assistance under this section, the Secretary shall
require each agency or consortium receiving such
assistance to transmit to the Secretary, not later than
5 years after such receipt, a report containing an
evaluation of each program assisted.
(2) Attainment of goals and objectives.--In
conducting an evaluation referred to in paragraph (1),
each agency or consortium shall evaluate the degree to
which each program for which assistance was made
available attained the goals and objectives for the
program as described in the application for assistance
submitted under subsection (d).
(3) Dissemination.--The Secretary shall--
(A) make each evaluation received under this
subsection publicly available; and
(B) provide public notice (through such means
as the Internet, the media, and public
agencies) of the availability of each such
evaluation after it is received by the
Secretary.
(g) Matching Funds.--As a condition of receiving assistance
under this section, the Secretary may require that each agency
or consortium receiving such assistance provide matching funds
from non-Federal sources.
SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part $25,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
PART D--ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS
SEC. 5401. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
(a) Findings.--Congress finds as follows:
(1) The Surgeon General reported in January 2001 that
1 in 10 children suffer from mental illnesses severe
enough to impair development and fewer than 1 in 5
children get treatment for mental illnesses.
(2) The Surgeon General reported that the burden of
suffering by children with mental health needs and
their families has created a health crisis in this
country. Growing numbers of children are suffering
needlessly because their emotional, behavioral, and
developmental needs are not being met by the very
institutions and systems that were created to take care
of them.
(3) As a result of the concern about the failure of
the healthcare system to reach children and adolescents
with mental illnesses, there is currently great
interest in developing new models for the delivery of
mental health and counseling services that can reach
underserved groups efficiently.
(4) Schools are a sensible point of intervention
because of their central position in many children's
lives and development, especially when families are
unable to assume a leading role.
(5) School-based mental health and counseling
services allow for the identification of children in
need of treatment much earlier in their development.
(6) Establishing mental health and counseling
services in schools provides access to underserved
youth with or at risk of emotional or behavioral
problems.
(7) The Surgeon General's 2000 report on youth
violence concludes that effective treatment can divert
a significant proportion of delinquent and violent
youths from future violence and crime.
(8) Mental health and counseling services can play an
important role in violence prevention on all levels,
including preventing problem behaviors from developing;
identifying and serving specific, at-risk populations;
and reducing the deleterious effects of violence on
victims and witnesses.
(9) An evaluation of the model program for the
elementary school counseling demonstration program
established pursuant to this section prior to the date
of enactment of the Elementary and Secondary Counseling
Improvement Act of 2001 found that the number of
referrals to the principal's office decreased by nearly
half, the use of force, weapons, and threatening of
others also decreased, school suspensions were reduced,
and students felt safer.
(10) The report produced by the Institute of
Medicine, ``Schools and Health: Our Nation's
Investment'', recommended a student-to-school counselor
ratio of 250:1, student-to-school psychologist ratio of
1000:1, and a student-to-school social worker ratio of
800:1. The United States average student-to-counselor
ratio is 551:1. Ratios for school psychologists and
school social workers also exceed the recommended
levels.
(b) Grants Authorized.--
(1) In general.--The Secretary may use funds provided
under this section to award grants to local educational
agencies to enable such agencies to establish or expand
elementary and secondary school counseling programs
which meet the requirements of subsection (c).
(2) Priority.--In awarding grants under this section,
the Secretary shall give special consideration to
applications describing programs which--
(A) demonstrate the greatest need for new or
additional counseling services among children
in the schools served by the applicant, in
part, by providing information on current
ratios of students to school counselors,
students to school social workers, and students
to school psychologists;
(B) propose the most promising and innovative
approaches for initiating or expanding school
counseling; and
(C) show the greatest potential for
replication and dissemination.
(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United
States and among urban, suburban, and rural local
educational agencies.
(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
(5) Maximum grant.--A grant awarded under this
program shall not exceed $400,000 for any fiscal year.
(6) Supplement.--Assistance made available under this
section shall be used to supplement, and may not
supplant, other Federal, State, or local funds used for
providing school-based counseling and mental health
services to students.
(c) Requirements for Counseling Programs.--Each program
funded under this section shall--
(1) be comprehensive in addressing the counseling and
educational needs of all students;
(2) use a developmental, preventive approach to
counseling;
(3) increase the range, availability, quantity, and
quality of counseling services in the elementary and
secondary schools of the local educational agency;
(4) expand counseling services through qualified
school counselors, school psychologists, school social
workers, and child and adolescent psychiatrists;
(5) use innovative approaches to increase children's
understanding of peer and family relationships, work
and self, decisionmaking, or academic and career
planning, or to improve peer interaction;
(6) provide counseling services in settings that meet
the range of needs of students;
(7) include inservice training, including training
for teachers in appropriate identification and
intervention techniques for disciplining and teaching
students at risk of violent behavior, by school
counselors, school psychologists, school social
workers, and child and adolescent psychiatrists;
(8) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
(9) involve community groups, social service
agencies, or other public or private entities in
collaborative efforts to enhance the program;
(10) evaluate annually the effectiveness and outcomes
of the counseling services and activities assisted
under this section;
(11) ensure a team approach to school counseling in
the elementary and secondary schools of the local
educational agency by working toward ratios recommended
by the American School Health Association of one school
counselor to 250 students, one school social worker to
800 students, and one school psychologist to 1,000
students; and
(12) ensure that school counselors, school
psychologists, school social workers, or child and
adolescent psychiatrists paid from funds made available
under this section spend a majority of their time at
the school in activities directly related to the
counseling process.
(d) Limitation on Administrative Costs.--Not more than 3
percent of the amounts made available under this section in any
fiscal year may be used for administrative costs to carry out
this section.
(e) Definitions.--For purposes of this section--
(1) the term ``school counselor'' means an individual
who has documented competence in counseling children
and adolescents in a school setting and who--
(A) possesses State licensure or
certification granted by an independent
professional regulatory authority;
(B) in the absence of such State licensure or
certification, possesses national certification
in school counseling or a specialty of
counseling granted by an independent
professional organization; or
(C) holds a minimum of a master's degree in
school counseling from a program accredited by
the Council for Accreditation of Counseling and
Related Educational Programs or the equivalent;
(2) the term ``school psychologist'' means an
individual who--
(A) possesses a minimum of 60 graduate
semester hours in school psychology from an
institution of higher education and has
completed 1,200 clock hours in a supervised
school psychology internship, of which 600
hours shall be in the school setting;
(B) possesses State licensure or
certification in the State in which the
individual works; or
(C) in the absence of such State licensure or
certification, possesses national certification
by the National School Psychology Certification
Board;
(3) the term ``school social worker'' means an
individual who--
(A) holds a master's degree in social work
from a program accredited by the Council on
Social Work Education; and
(B) is licensed or certified by the State in
which services are provided; or
(C) in the absence of such State licensure or
certification, possesses a national credential
or certification as a ``school social work
specialist'' granted by an independent
professional organization; and
(4) the term ``child and adolescent psychiatrist''
means an individual who--
(A) possesses State medical licensure; and
(B) has completed residency training programs
in general and child and adolescent psychiatry.
(f) Report.--Not later than 1 year after assistance is made
available under this section, the Secretary shall make publicly
available the information from applicants regarding the ratios
of students to school counselors, students to school social
workers, and students to school psychologists.
(g) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section such sums as may be
necessary for each of fiscal years 2002 through 2006.
PART E--MENTORING PROGRAMS
SEC. 5501. DEFINITIONS.
In this part, the following definitions apply:
(1) Child with greatest need.--The term ``child with
greatest need'' means a child at risk of educational
failure, dropping out of school, or involvement in
criminal or delinquent activities, or that has lack of
strong positive adult role models.
(2) Mentor.--The term ``mentor'' means an individual
who works with a child to provide a positive role model
for the child, to establish a supportive relationship
with the child, and to provide the child with academic
assistance and exposure to new experiences and examples
of opportunity that enhance the ability of the child to
become a responsible adult.
(3) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
SEC. 5502. PURPOSES.
The purposes of this part are to make assistance available to
promote mentoring programs for children with greatest need--
(1) to assist such children in receiving support and
guidance from a caring adult;
(2) to improve the academic performance of such
children;
(3) to improve interpersonal relationships between
such children and their peers, teachers, other adults,
and family members;
(4) to reduce the dropout rate of such children; and
(5) to reduce juvenile delinquency and involvement in
gangs by such children.
SEC. 5503. GRANT PROGRAM.
(a) In General.--In accordance with this section, the
Secretary may make grants to eligible entities to assist such
entities in establishing and supporting mentoring programs and
activities that--
(1) are designed to link children with greatest need
(particularly such children living in rural areas, high
crime areas, or troubled home environments, or such
children experiencing educational failure) with
responsible adults, who--
(A) have received training and support in
mentoring;
(B) have been screened using appropriate
reference checks, child and domestic abuse
record checks, and criminal background checks;
and
(C) are interested in working with youth; and
(2) are intended to achieve 1 or more of the
following goals:
(A) Provide general guidance to children with
greatest need.
(B) Promote personal and social
responsibility among children with greatest
need.
(C) Increase participation by children with
greatest need in, and enhance their ability to
benefit from, elementary and secondary
education.
(D) Discourage illegal use of drugs and
alcohol, violence, use of dangerous weapons,
promiscuous behavior, and other criminal,
harmful, or potentially harmful activity by
children with greatest need.
(E) Encourage children with greatest need to
participate in community service and community
activities.
(F) Encourage children with greatest need to
set goals for themselves or to plan for their
futures, including encouraging such children to
make graduation from secondary school a goal
and to make plans for postsecondary education
or training.
(G) Discourage involvement of children with
greatest need in gangs.
(b) Eligible Entities.--Each of the following is an entity
eligible to receive a grant under subsection (a):
(1) A local educational agency.
(2) A nonprofit, community-based organization.
(3) A partnership between an agency referred to in
paragraph (1) and an organization referred to in
paragraph (2).
(c) Use of Funds.--
(1) In general.--Each entity receiving a grant under
this section shall use the grant funds for activities
that establish or implement a mentoring program,
including--
(A) hiring of mentoring coordinators and
support staff;
(B) providing for the professional
development of mentoring coordinators and
support staff;
(C) recruitment, screening, and training of
adult mentors;
(D) reimbursement of schools, if appropriate,
for the use of school materials or supplies in
carrying out the program;
(E) dissemination of outreach materials;
(F) evaluation of the program using
scientifically based methods; and
(G) such other activities as the Secretary
may reasonably prescribe by rule.
(2) Prohibited uses.--Notwithstanding paragraph (1),
an entity receiving a grant under this section may not
use the grant funds--
(A) to directly compensate mentors;
(B) to obtain educational or other materials
or equipment that would otherwise be used in
the ordinary course of the entity's operations;
(C) to support litigation of any kind; or
(D) for any other purpose reasonably
prohibited by the Secretary by rule.
(d) Term of Grant.--Each grant made under this section shall
be available for expenditure for a period of 3 years.
(e) Application.--Each eligible entity seeking a grant under
this section shall submit to the Secretary an application that
includes--
(1) a description of the mentoring plan the applicant
proposes to carry out with such grant;
(2) information on the children expected to be served
by the mentoring program for which such grant is
sought;
(3) a description of the mechanism that applicant
will use to match children with mentors based on the
needs of the children;
(4) an assurance that no mentor will be assigned to
mentor so many children that the assignment would
undermine either the mentor's ability to be an
effective mentor or the mentor's ability to establish a
close relationship (a one-on-one relationship, where
practicable) with each mentored child;
(5) an assurance that mentoring programs will provide
children with a variety of experiences and support,
including--
(A) emotional support;
(B) academic assistance; and
(C) exposure to experiences that children
might not otherwise encounter on their own;
(6) an assurance that mentoring programs will be
monitored to ensure that each child assigned a mentor
benefits from that assignment and that there will be a
provision for the assignment of a new mentor if the
relationship between the original mentor is not
beneficial to the child;
(7) information on the method by which mentors and
children will be recruited to the mentor program;
(8) information on the method by which prospective
mentors will be screened;
(9) information on the training that will be provided
to mentors; and
(10) information on the system that the applicant
will use to manage and monitor information relating to
the program's reference checks, child and domestic
abuse record checks, and criminal background checks and
to its procedure for matching children with mentors.
(f) Selection.--
(1) Competitive basis.--In accordance with this
subsection, the Secretary shall select grant recipients
from among qualified applicants on a competitive basis.
(2) Priority.--In selecting grant recipients under
paragraph (1), the Secretary shall give priority to
each applicant that--
(A) serves children with greatest need living
in rural areas, high crime areas, or troubled
home environments, or who attend schools with
violence problems;
(B) provides background screening of mentors,
training of mentors, and technical assistance
in carrying out mentoring programs;
(C) proposes a mentoring program under which
each mentor will be assigned to not more
children than the mentor can serve effectively;
or
(D) proposes a school-based mentoring
program.
(3) Other considerations.--In selecting grant
recipients under paragraph (1), the Secretary shall
also consider--
(A) the degree to which the location of the
programs proposed by each applicant contributes
to a fair distribution of programs with respect
to urban and rural locations;
(B) the quality of the mentoring programs
proposed by each applicant, including--
(i) the resources, if any, the
applicant will dedicate to providing
children with opportunities for job
training or postsecondary education;
(ii) the degree to which parents,
teachers, community-based
organizations, and the local community
have participated, or will participate,
in the design and implementation of the
applicant's mentoring program;
(iii) the degree to which the
applicant can ensure that mentors will
develop longstanding relationships with
the children they mentor;
(iv) the degree to which the
applicant will serve children with
greatest need in the 4th, 5th, 6th,
7th, and 8th grades; and
(v) the degree to which the program
will continue to serve children from
the 4th grade through graduation from
secondary school; and
(C) the capability of each applicant to
effectively implement its mentoring program.
(4) Grant to each state.--Notwithstanding any other
provision of this subsection, in selecting grant
recipients under paragraph (1), the Secretary shall
select not less than 1 grant recipient from each State
for which there is a qualified applicant.
(g) Model Screening Guidelines.--
(1) In general.--Based on model screening guidelines
developed by the Office of Juvenile Programs of the
Department of Justice, the Secretary shall develop and
distribute to program participants specific model
guidelines for the screening of mentors who seek to
participate in programs to be assisted under this part.
(2) Background checks.--The guidelines developed
under this subsection shall include, at a minimum, a
requirement that potential mentors be subject to
reference checks, child and domestic abuse record
checks, and criminal background checks.
SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE.
(a) In General.--The Comptroller General of the United States
shall conduct a study to identify successful school-based
mentoring programs, and the elements, policies, or procedures
of such programs that can be replicated.
(b) Report.--Not later than 3 years after the date of
enactment of the Mentoring for Success Act, the Comptroller
General shall submit a report to the Secretary and Congress
containing the results of the study conducted under this
section.
(c) Use of Information.--The Secretary shall use information
contained in the report referred to in subsection (b)--
(1) to improve the quality of existing mentoring
programs assisted under this part and other mentoring
programs assisted under this Act; and
(2) to develop models for new programs to be assisted
or carried out under this Act.
SEC. 5505. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out section
5503 $50,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
[TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
[SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
[(a) Findings.--The Congress finds that chapter 2 of title I
of this Act (as such chapter was in effect on the day preceding
the date of enactment of the Improving America's Schools Act of
1994) has been successful in achieving the goals of increasing
local flexibility, reducing administrative burden, providing
services for private school students, encouraging innovation,
and contributing to the improvement of elementary and secondary
educational programs.
[(b) Statement of Purpose.--It is the purpose of programs
under this title--
[(1) to support local education reform efforts which
are consistent with and support statewide reform
efforts under Goals 2000: Educate America Act;
[(2) to support State and local efforts to accomplish
the National Education Goals;
[(3) to provide funding to enable State and local
educational agencies to implement promising educational
reform programs;
[(4) to provide a continuing source of innovation,
and educational improvement, including support for
library services and instructional and media materials;
and
[(5) to meet the special educational needs of at risk
and high cost students.
[(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this title is within the State educational agencies, but
it is the intent of Congress that the responsibility be carried
out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this
title will be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because such agencies and individuals
have the most direct contact with students and are most likely
to be able to design programs to meet the educational needs of
students in their own school districts.
[SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
[(a) Authorization.--To carry out the purposes of this title,
there are authorized to be appropriated $370,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
[(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending September 30, 1999, the Secretary
shall, in accordance with the provisions of this title, make
payments to State educational agencies for the purpose of this
title.
[SEC. 6003. DEFINITION.
[For the purposes of this title the term ``effective schools
programs'' means school-based programs that may encompass
preschool through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children and
particularly educationally disadvantaged children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
[(A) Strong and effective administrative and
instructional leadership that creates consensus on
instructional goals and organizational capacity for
instructional problem solving.
[(B) Emphasis on the acquisition of basic and higher
order skills.
[(C) A safe and orderly school environment that
allows teachers and pupils to focus their energies on
academic achievement.
[(D) A climate of expectation that virtually all
children can learn under appropriate conditions.
[(E) Continuous assessment of students and programs
to evaluate the effects of instruction.
[PART A--STATE AND LOCAL PROGRAMS
[SEC. 6101. ALLOTMENT TO STATES.
[(a) Reservations.--From the sums appropriated to carry out
this title in any fiscal year, the Secretary shall reserve not
to exceed one percent for payments to outlying areas to be
allotted in accordance with their respective needs.
[(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of one percent of such remainder.
[(c) Definitions.--For purposes of this part:
[(1) The term ``school-age population'' means the
population aged 5 through 17.
[(2) The term ``States'' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico.
[SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
[(a) Distribution Rule.--From the sums made available each
year to carry out this title, the State educational agency
shall distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private, nonprofit schools within the
school districts of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher per pupil
allocations to local educational agencies which have the
greatest numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
[(1) children living in areas with high
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 provide higher per pupil allocations only to
local educational agencies which serve the greatest
numbers or percentages of--
[(i) children living in areas with high
concentrations of low-income families;
[(ii) children from low-income families; or
[(iii) children living in sparsely populated
areas.
[(B) The Secretary shall review criteria submitted by
a State educational agency for adjusting allocations
under paragraph (1) and shall approve such criteria
only if the Secretary determines that such criteria are
reasonably calculated to produce an adjusted allocation
that reflects the relative needs within the State's
local educational agencies based on the factors set
forth in subparagraph (A).
[(c) Payment of Allocations.--
[(1) Distribution.--From the funds paid to a State
educational agency pursuant to section 6002 for a
fiscal year, a State educational agency shall
distribute to each eligible local educational agency
which has submitted an application as required in
section 6202 the amount of such local educational
agency allocation as determined under subsection (a).
[(2) Additional funds.--(A) Additional funds
resulting from higher per pupil allocations provided to
a local educational agency on the basis of adjusted
enrollments of children described in subsection (a),
may, at the discretion of the local educational agency,
be allocated for expenditures to provide services for
children enrolled in public and private nonprofit
schools in direct proportion to the number of children
described in subsection (a) and enrolled in such
schools within the local educational agency.
[(B) In any fiscal year, any local educational agency
that elects to allocate such additional funds in the
manner described in subparagraph (A) shall allocate all
additional funds to schools within the local
educational agency in such manner.
[(C) The provisions of subparagraphs (A) and (B) may
not be construed to require any school to limit the use
of such additional funds to the provision of services
to specific students or categories of students.
[PART B--STATE PROGRAMS
[SEC. 6201. STATE USES OF FUNDS.
[(a) Authorized Activities.--A State educational agency may
use funds made available for State use under this title only
for--
[(1) State administration of programs under this
title including--
[(A) supervision of the allocation of funds
to local educational agencies;
[(B) planning, supervision, and processing of
State funds; and
[(C) monitoring and evaluation of programs
and activities under this title;
[(2) support for planning, designing, and initial
implementation of charter schools as described in part
C of title X; and
[(3) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which
assist local educational agencies to provide targeted
assistance.
[(b) Limitations and Requirements.--Not more than 25 percent
of funds available for State programs under this title in any
fiscal year may be used for State administration under
subsection (a)(1).
[SEC. 6202. STATE APPLICATIONS.
[(a) Application Requirements.--Any State which desires to
receive assistance under this part shall submit to the
Secretary an application which--
[(1) designates the State educational agency as the
State agency responsible for administration and
supervision of programs assisted under this title;
[(2)(A) provides for a biennial submission of data on
the use of funds, the types of services furnished, and
the students served under this title; and
[(B) in fiscal year 1998 provides for an evaluation
of the effectiveness of programs assisted under this
title;
[(3) sets forth the allocation of such funds required
to implement section 6402;
[(4) provides that the State educational agency will
keep such records and provide such information to the
Secretary as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section);
[(5) provides assurance that, apart from technical
and advisory assistance and monitoring compliance with
this title, the State educational agency has not
exercised and will not exercise any influence in the
decisionmaking processes of local educational agencies
as to the expenditure made pursuant to an application
under section 6303;
[(6) contains assurances that there is compliance
with the specific requirements of this title; and
[(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
[(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to exceed
three years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
[(c) Audit Rule.--Local educational agencies receiving less
than an average of $5,000 each under this title shall not be
audited more frequently than once every five years.
[PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
[SEC. 6301. TARGETED USE OF FUNDS.
[(a) General Rule.--Funds made available to local educational
agencies under section 6102 shall be used for innovative
assistance described in subsection (b).
[(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) include--
[(1) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers and other school
officials regarding how to use effectively such
equipment and software;
[(2) programs for the acquisition and use of
instructional and educational materials, including
library services and materials (including media
materials), assessments, reference materials, computer
software and hardware for instructional use, and other
curricular materials which are tied to high academic
standards and which will be used to improve student
achievement and which are part of an overall education
reform program;
[(3) promising education reform projects, including
effective schools and magnet schools;
[(4) programs to improve the higher order thinking
skills of disadvantaged elementary and secondary school
students and to prevent students from dropping out of
school;
[(5) programs to combat illiteracy in the student and
adult population, including parent illiteracy;
[(6) programs to provide for the educational needs of
gifted and talented children;
[(7) school reform activities that are consistent
with the Goals 2000: Educate America Act;
[(8) planning, designing, and initial implementation
of charter schools as described in part C of title X;
and
[(9) school improvement programs or activities under
sections 1116 and 1117.
[SEC. 6302. ADMINISTRATIVE AUTHORITY.
[In order to conduct the activities authorized by this title,
each State or local educational agency may use funds reserved
for this title to make grants to and to enter into contracts
with local educational agencies, institutions of higher
education, libraries, museums, and other public and private
nonprofit agencies, organizations, and institutions.
[SEC. 6303. LOCAL APPLICATIONS.
[(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds
under this title for any year for which an application is
submitted to the State educational agency and such application
is certified to meet the requirements of this section. The
State educational agency shall certify any such application if
such application--
[(1)(A) sets forth the planned allocation of funds
among innovative assistance programs described in
section 6301 and describes the programs, projects, and
activities designed to carry out such innovative
assistance which the local educational agency intends
to support, together with the reasons for the selection
of such programs, projects, and activities; and
[(B) sets forth the allocation of such funds required
to implement section 6402;
[(2) describes how assistance under this title will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality
of education for students;
[(3) provide assurances of compliance with the
provisions of this title, including the participation
of children enrolled in private, nonprofit schools in
accordance with section 6402;
[(4) agrees to keep such records, and provide such
information to the State educational agency as
reasonably may be required for fiscal audit and program
evaluation, consistent with the responsibilities of the
State agency under this title; and
[(5) provides in the allocation of funds for the
assistance authorized by this title, and in the design,
planning and implementation of such programs, for
systematic consultation with parents of children
attending elementary and secondary schools in the area
served by the local educational agency, with teachers
and administrative personnel in such schools, and with
other groups involved in the implementation of this
title (such as librarians, school counselors, and other
pupil services personnel) as may be considered
appropriate by the local educational agency.
[(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period
not to exceed three fiscal years, may provide for the
allocation of funds to programs for a period of three years,
and may be amended annually as may be necessary to reflect
changes without filing a new application.
[(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local educational
agency shall have complete discretion in determining how funds
under this part shall be divided among the areas of targeted
assistance. In exercising such discretion, a local educational
agency shall ensure that expenditures under this part carry out
the purposes of this title and are used to meet the educational
needs within the schools of such local educational agency.
[PART D--GENERAL ADMINISTRATIVE PROVISIONS
[SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
[(a) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allocation
of funds under this part for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
[(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this part
in any fiscal year in the exact proportion to which the
State fails to meet the requirements of paragraph (1)
by falling below 90 percent of both the fiscal effort
per student and aggregate expenditures (using the
measure most favorable to the State), and no such
lesser amount shall be used for computing the effort
required under paragraph (1) for subsequent years.
[(3) Waivers.--The Secretary may waive, for one
fiscal year only, the requirements of this section if
the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
[SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) Participation on Equitable Basis.--
[(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this title or which serves the area in which a
program or project assisted under this title is located
who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
use, such agency, after consultation with appropriate
private school officials, shall provide for the benefit
of such children in such schools secular, neutral, and
nonideological services, materials, and equipment,
including the participation of the teachers of such
children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may
be necessary for their provision (consistent with
subsection (c) of this section), or, if such services,
materials, and equipment are not feasible or necessary
in one or more such private schools as determined by
the local educational agency after consultation with
the appropriate private school officials, shall provide
such other arrangements as will assure equitable
participation of such children in the purposes and
benefits of this title.
[(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State educational agency shall make arrangements, such
as through contracts with nonprofit agencies or
organizations, under which children in private schools
in such district are provided with services and
materials to the extent that would have occurred if the
local educational agency had received funds under this
title.
[(3) Application of requirements.--The requirements
of this section relating to the participation of
children, teachers, and other personnel serving such
children shall apply to programs and projects carried
out under this title by a State or local educational
agency, whether directly or through grants to or
contracts with other public or private agencies,
institutions, or organizations.
[(b) Equal Expenditures.--Expenditures for programs pursuant
to subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under this
title for children enrolled in the public schools of the local
educational agency, taking into account the needs of the
individual children and other factors which relate to such
expenditures, and when funds available to a local educational
agency under this title are used to concentrate programs or
projects on a particular group, attendance area, or grade or
age level, children enrolled in private schools who are
included within the group, attendance area, or grade or age
level selected for such concentration shall, after consultation
with the appropriate private school officials, be assured
equitable participation in the purposes and benefits of such
programs or projects.
[(c) Funds.--
[(1) Administration of funds and property.--The
control of funds provided under this title, and title
to materials, equipment, and property repaired,
remodeled, or constructed with such funds, shall be in
a public agency for the uses and purposes provided in
this title, and a public agency shall administer such
funds and property.
[(2) Provision of services.--The provision of
services pursuant to this title shall be provided by
employees of a public agency or through contract by
such public agency with a person, an association,
agency, or corporation who or which, in the provision
of such services, is independent of such private school
and of any religious organizations, and such employment
or contract shall be under the control and supervision
of such public agency, and the funds provided under
this title shall not be commingled with State or local
funds.
[(d) State Prohibition Waiver.--If by reason of any provision
of law a State or local educational agency is prohibited from
providing for the participation in programs of children
enrolled in private elementary and secondary schools, as
required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
[(e) Waiver and Provision of Services.--
[(1) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of
services to such children through arrangements which
shall be subject to the requirements of this section.
[(2) Withholding of allocation.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection or
subsection (d), the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
[(f) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines that there will no longer be any failure or
inability on the part of the State or local educational agency
to meet the requirements of subsections (a) and (b).
[(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this title.
[(h) Review.--
[(1) Written objections.--The Secretary shall not
take any final action under this section until the
State educational agency and the local educational
agency affected by such action have had an opportunity,
for not less than 45 days after receiving written
notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee
to show cause why that action should not be taken.
[(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
[(3) Remand to secretary.--The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive; but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence and the Secretary may make new or
modified findings of fact and may modify the
Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new
or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
[(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
[(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
title, apply to programs under this title.
[SEC. 6403. FEDERAL ADMINISTRATION.
[(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this title.
[(b) Rulemaking.--The Secretary shall issue regulations under
this title only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this title.
[(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this title shall become available for
obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.]
TITLE [VIII] VI--IMPACT AID
SEC. [8001.] 6001. PURPOSE.
In order to fulfill the Federal responsibility to assist with
the provision of educational services to federally connected
children in a manner that promotes control by local educational
agencies with little or no Federal or State involvement,
because certain activities of the Federal Government, such as
activities to fulfill the responsibilities of the Federal
Government with respect to Indian tribes and activities under
section 514 of the Soldiers' and Sailors' Civil Relief Act of
1940 (50 U.S.C. App. 574), 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 educational agencies that--
(1) * * *
* * * * * * *
SEC. [8002.] 6002. 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, 2003--
(1) * * *
* * * * * * *
(b) Amount.--
(1) In general.--(A) * * *
(B) If funds appropriated under section [8014]
6013(a) are insufficient to pay the amount determined
under subparagraph (A), the Secretary shall 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]
6003(b), exceeds the maximum amount that such agency is
eligible to receive for such fiscal year under section
[8003] 6003(b)(1)(C), or the maximum amount that such
agency is eligible to receive for such fiscal year
under this section, whichever is greater.
* * * * * * *
(f) Special Rule.--(1) * * *
* * * * * * *
(4) For the purposes of payments under this section
for each fiscal year beginning with fiscal year 2000,
the Secretary shall treat the Hot Springs, South Dakota
local educational agency as if it had filed a timely
application under section [8002] 6002 of the Elementary
and Secondary Education Act of 1965 for fiscal year
1994 if the Secretary has received the fiscal year 1994
application, as well as Exhibits A and B not later than
December 1, 1999.
(5) For purposes of payments under this section for
each fiscal year beginning with fiscal year 2000, the
Secretary shall treat the Hueneme, California local
educational agency as if it had filed a timely
application under section [8002] 6002 of the Elementary
and Secondary Education Act of 1965 if the Secretary
has received the fiscal year 1995 application not later
than December 1, 1999.
(g) Former Districts.--
(1) In general.--Where the school district of any
local educational agency described in paragraph (2) is
formed at any time after 1938 by the consolidation of
two or more former school districts, such agency may
elect (at any time such agency files an application
under section [8005] 6005) for any fiscal year after
fiscal year 1994 to have (A) the eligibility of such
local educational agency, and (B) the amount which such
agency shall be eligible to receive, determined under
this section only with respect to such of the former
school districts comprising such consolidated school
districts as such agency shall designate in such
election.
(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is any
local
educational agency that, for fiscal year 1994 or any
preceding fiscal year, applied for and was determined
eligible under section 2(c) of the Act of September 30,
1950 (Public Law 874, 81st Congress) as such section
was in effect for such fiscal year.
(h) Payments With Respect to Fiscal Years in Which
Insufficient Funds Are Appropriated.--For any fiscal year for
which the amount appropriated under section [8014] 6013(a) is
insufficient to pay to each eligible local educational agency
the full amount determined under subsection (b), the Secretary
shall make payments to each local educational agency under this
section as follows:
(1) Foundation payments for pre-1995 recipients.--
(A) In general.--The Secretary shall first
make a foundation payment to each local
educational agency that is eligible to receive
a payment under this section for the fiscal
year involved [and was eligible to receive a
payment under section 2 of the Act of September
30, 1950] and that filed, or has been
determined pursuant to statute to have filed a
timely application, and met, or has been
determined pursuant to statute to meet, the
eligibility requirements of section 2(a)(1)(C)
of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such section was in
effect on the day preceding the date of the
enactment of the Improving America's Schools
Act of 1994) for any of the fiscal years 1989
through 1994.
(B) Amount.--The amount of a payment under
subparagraph (A) for a local educational agency
shall be equal to 38 percent of the local
educational agency's maximum entitlement amount
under section 2 of the Act of September 30,
1950, for fiscal year 1994 [(or if the local
educational agency was not eligible to receive
a payment under such section 2 for fiscal year
1994] (or if the local educational agency did
not meet, or has not been determined pursuant
to statute to meet, the eligibility
requirements of section 2(a)(1)(C) of the Act
of September 30, 1950 for fiscal year 1994, the
local educational agency's maximum entitlement
amount under such section 2 for the most recent
fiscal year preceding 1994).
(C) Insufficient appropriations.--If the
amount appropriated under section [8014]
6013(a) is insufficient to pay the full amount
determined under this paragraph for all
eligible local educational agencies for the
fiscal year, then the Secretary shall ratably
reduce the payment to each local educational
agency under this paragraph.
(2) Payments for 1995 recipients.--
(A) In general.--From any amounts remaining
after making payments under paragraph (1) for
the fiscal year involved, the Secretary shall
make a payment to each eligible local
educational agency that received a payment
under this section for fiscal year 1995, or
whose application for fiscal year 1995 was
determined pursuant to statute to be timely
filed for purposes of payments for subsequent
fiscal years.
(B) Amount.--The amount of a payment under
subparagraph (A) for a local educational agency
shall be determined as follows:
(i) 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.
(ii) Determine the percentage share
[for each local educational agency that
received a payment under this section
for fiscal year 1995] for each local
educational agency described in
subparagraph (A) 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 eligible national assessed
value of the eligible Federal property
of all such local educational agencies
for fiscal year 1995, as so determined.
(iii) Multiply the percentage share
described in clause (ii) for the local
educational agency by the amount
determined under clause (i).
(3) Subsection (i) recipients.--From any funds
remaining after making payments under paragraphs (1)
and (2) for the fiscal year involved, the Secretary
shall make payments in accordance with subsection (i).
(4) Remaining funds.--From any funds remaining after
making payments under paragraphs (1), (2), and (3) for
the fiscal year involved--
(A) * * *
(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 involved 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)(ii))] (by dividing the maximum amount
that the agency is eligible to receive under
subsection (b) by the total of the maximum
amounts for all such agencies) 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 involved[, except
that for the purpose of calculating a local
educational agency's assessed value of the
Federal property], except that, for purposes of
calculating a local educational agency's
maximum amount under subsection (b), data from
the most current fiscal year shall be used.
* * * * * * *
(j) Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition.--
(1) Reservation.--From amounts appropriated under
section [8014] 6013(g) 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 only if such agency--
(A) received a payment under both this
section and section [8003] 6003(b) for fiscal
year 1996 and is eligible to receive payments
under those sections for the year of
application;
(B) provided a free public education to
children described under sections [8003]
6003(a)(1)(A), (B), or (D);
* * * * * * *
(3) Maximum amount.--(A) * * *
(B) If funds appropriated under section [8014]
6013(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]
6013(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.
* * * * * * *
SEC. [8003.] 6003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) * * *
(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
(1) Basic support payments.--
(A) In general.--From the amount appropriated
under section [8014] 6013(b) for a fiscal year,
the Secretary is authorized to make basic
support payments to eligible local educational
agencies with children described in subsection
(a).
* * * * * * *
(2) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--
(A) In general.--(i) From the amount
appropriated under section [8014] 6013(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).
* * * * * * *
(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]
6013(b) are insufficient to pay to each local
educational agency the full amount computed
under 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)
* * *
* * * * * * *
(iv) In the case of a local educational
agency that has a total student enrollment of
fewer than 1,000 students and that has a per-
pupil expenditure that is less than the average
per-pupil expenditure of the State in which the
agency is located or less than the average per
pupil expenditure of all the States, the total
percentage used to calculate threshold payments
under clause (i) shall not be less than 40
percent.
* * * * * * *
(d) Children With Disabilities.--
(1) In general.--From the amount appropriated under
section [8014] 6013(c) for a fiscal year, the Secretary
shall pay to each eligible local educational agency, on
a pro rata basis, the amounts determined by--
(A) * * *
* * * * * * *
(g) Maintenance of Effort.--A local educational agency may
receive funds under sections [8002] 6002 and [8003] 6003(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. [8004.] 6004. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of receiving
funds under section [8003] 6003 shall establish policies and
procedures to ensure that--
(1) * * *
* * * * * * *
(b) Records.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under section [8003] 6003 shall maintain records demonstrating
such agency's compliance with the requirements contained in
subsection (a).
(c) Waiver.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under section [8003] 6003 shall not be required to comply with
the requirements of subsections (a) and (b) for any fiscal year
with respect to any Indian tribe from which such agency has
received a written statement that the agency need not comply
with those subsections because the tribe is satisfied with the
provision of educational services by such agency to such
children.
* * * * * * *
(e) Complaints.--
(1) * * *
* * * * * * *
(8) Withholding.--If the local educational agency
rejects the determination of the Secretary, or if the
remedy required is not undertaken within the time
established and the Secretary determines that an
extension of the time established will not effectively
encourage the remedy required, the Secretary shall
withhold payment of all moneys to which such local
agency is eligible under section [8003] 6003 until such
time as the remedy required is undertaken, except where
the complaining tribe or its designee formally requests
that such funds be released to the local educational
agency, except that the Secretary may not withhold such
moneys during the course of the school year if the
Secretary determines that such withholding would
substantially disrupt the educational programs of the
local educational agency.
(9) Rejection of determination.--If the local
educational agency rejects the determination of the
Secretary and a tribe exercises the option under
section 1101(d) of the Education Amendments of 1978, to
have education services provided either directly by the
Bureau of Indian Affairs or by contract with the Bureau
of Indian Affairs, any Indian students affiliated with
that tribe who wish to remain in attendance at the
local educational agency against whom the complaint
which led to the tribal action under such subsection
(d) was lodged may be counted with respect to that
local educational agency for the purpose of receiving
funds under section [8003] 6003. In such event, funds
under such section shall not be withheld pursuant to
paragraph (8) and no further complaints with respect to
such students may be filed under paragraph (1).
(f) Construction.--This section is based upon the special
relationship between the Indian nations and the United States
and nothing in this section shall be construed to relieve any
State of any duty with respect to any citizens of that State.
SEC. [8005.] 6005. APPLICATION FOR PAYMENTS UNDER SECTIONS [8002 AND
8003] 6002 AND 6003.
(a) In General.--A local educational agency desiring to
receive a payment under section [8002] 6002 or [8003] 6003
shall--
(1) submit an application for such payment to the
Secretary; and
(2) provide a copy of such application to the State
educational agency.
(b) Contents.--Each such application shall be submitted in
such form and manner, and shall contain such information, as
the Secretary may require, including--
(1) * * *
(2) where applicable, an assurance that such agency
is in compliance with section [8004] 6004 (relating to
children residing on Indian lands).
(c) Deadline for Submission.--The Secretary shall establish
deadlines for the submission of applications under this
section.
(d) Approval.--
(1) * * *
(2) Reduction in payment.--The Secretary shall
approve an application filed not more than 60 days
after a deadline established under subsection (c), or
not more than 60 days after the date on which the
Secretary sends written notice to the local educational
agency pursuant to paragraph (3)(A), as the case may
be, that otherwise meets the requirements of this
title, except that, notwithstanding section [8003]
6003(e), the Secretary shall reduce the payment based
on such late application by 10 percent of the amount
that would otherwise be paid.
(3) Late applications.--
(A) Notice.--The Secretary shall, as soon as
practicable after the deadline established
under subsection (c), provide to each local
educational agency that applied for a payment
under section [8002] 6002 or [8003] 6003 for
the prior fiscal year, and with respect to
which the Secretary has not received an
application for a payment under either such
section (as the case may be) for the fiscal
year in question, written notice of the failure
to comply with the deadline and instruction to
ensure that the application is filed not later
than 60 days after the date on which the
Secretary sends the notice.
* * * * * * *
SEC. [8007.] 6006. CONSTRUCTION.
(a) Construction Payments Authorized.--
(1) In general.--From 40 percent of the amount
appropriated for each fiscal year under section [8014]
6013(e), the Secretary shall make payments in
accordance with this subsection to each local
educational agency that receives a basic support
payment under section [8003] 6003(b) for that fiscal
year.
(2) Additional requirements.--A local educational
agency that receives a basic support payment under
section [8003] 6003(b)(1) shall also meet at least one
of the following requirements:
(A) The number of children determined under
section [8003] 6003(a)(1)(C) for the agency for
the preceding school year constituted at least
50 percent of the total student enrollment in
the schools of the agency during the preceding
school year.
(B) The number of children determined under
subparagraphs (B) and (D)(i) of section [8003]
6003(a)(1) for the agency for the preceding
school year constituted at least 50 percent of
the total student enrollment in the schools of
the agency during the preceding school year.
(3) Amount of payments.--
(A) Local educational agencies impacted by
military dependent children.--The amount of a
payment to each local educational agency
described in this subsection that is impacted
by military dependent children for a fiscal
year shall be equal to--
(i)(II) 20 percent of the amount
appropriated under section [8014]
6013(e) for such fiscal year; divided
by
(II) the total number of weighted
student units of children described in
subparagraphs (B) and (D)(i) of section
[8003] 6003(a)(1) for all local
educational agencies described in this
subsection (as calculated under section
[8003] 6003(a)(2)), including the
number of weighted student units of
such children attending a school
facility described in section [8008]
6007(a) if the Secretary does not
provide assistance for the school
facility under that section for the
prior fiscal year; multiplied by
(ii) the total number of such
weighted student units for the agency.
(B) Local educational agencies impacted by
children who reside on indian lands.--The
amount of a payment to each local educational
agency described in this subsection that is
impacted by children who reside on Indian lands
for a fiscal year shall be equal to--
(i)(I) 20 percent of the amount
appropriated under section [8014]
6013(e) for such fiscal year; divided
by
(II) the total number of weighted
student units of children described in
section [8003] 6003(a)(1)(C) for all
local educational agencies described in
this subsection (as calculated under
section [8003] 6003(a)(2)); multiplied
by
(ii) the total number of such
weighted student units for the agency.
(4) Use of funds.--Any local educational agency that
receives funds under this subsection shall use such
funds for construction, as defined in section [8013]
6012(3).
[(b) School Facility Modernization Grants Authorized.--
[(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section
8014(e), the Secretary shall award grants in accordance
with this subsection to eligible local educational
agencies to enable the local educational agencies to
carry out modernization of school facilities.
[(2) Eligibility requirements.--A local educational
agency is eligible to receive funds under this
subsection only if--
[(A) 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 meet the requirements of this
subparagraph; and
[(B)(i) such agency received assistance under
section 8002(a) for the fiscal year 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) such agency received assistance under
subsection (a) for the fiscal year and has a
school facility emergency, as determined by the
Secretary, that poses a health or safety hazard
to the students and school personnel assigned
to the school facility.
[(3) Award criteria.--In awarding grants under this
subsection the Secretary shall consider one or more of
the following factors:
[(A) The extent to which the local
educational agency lacks the fiscal capacity to
undertake the modernization project without
Federal assistance.
[(B) The extent to which property in the
local educational agency is nontaxable due to
the presence of the Federal Government.
[(C) 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).
[(D) The need for modernization to meet--
[(i) the threat that the condition of
the school facility poses to the
health, safety, and well-being of
students;
[(ii) overcrowding conditions as
evidenced by the use of trailers and
portable buildings and the potential
for future overcrowding because of
increased enrollment; and
[(iii) facility needs resulting from
actions of the Federal Government.
[(E) The age of the school facility to be
modernized.
[(4) Other award provisions.--
[(A) Federal share.--The Federal funds
provided under this subsection to a local
educational agency described in subparagraph
(C) shall not exceed 50 percent of the total
cost of the project to be assisted under this
subsection. A local educational agency may use
in-kind contributions to meet the matching
requirement of the preceding sentence.
[(B) Maximum grant.--A local educational
agency described in subparagraph (C) may not
receive a grant under this subsection in an
amount that exceeds $3,000,000 during any 5-
year period.
[(C) Local educational agency described.--A
local educational agency described in this
subparagraph is a local educational agency that
has the authority to issue bonds but is at such
agency's limit in bonded indebtedness for the
purposes of generating funds for capital
expenditures.
[(5) Applications.--A local educational agency that
desires to receive a grant under this subsection shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require. Each application shall contain--
[(A) documentation certifying such agency's
lack of bonding capacity;
[(B) 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;
[(C) 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;
[(D) 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;
[(E) a description of the modernization to be
supported with funds provided under this
subsection;
[(F) a cost estimate of the proposed
modernization; and
[(G) such other information and assurances as
the Secretary may reasonably require.
[(6) Emergency grants.--
[(A) Applications.--Each local educational
agency described in paragraph (2)(B)(ii) that
desires a grant under this subsection shall
include in the application submitted under
paragraph (5) a signed statement from an
appropriate local official certifying that a
health or safety deficiency exists.
[(B) Priority.--If the Secretary receives
more than one application from local
educational agencies described in paragraph
(2)(B)(ii) for grants under this subsection for
any fiscal year, the Secretary shall give
priority to local educational agencies based on
the severity of the emergency, as determined by
the Secretary, and when the application was
received.
[(C) Allocation; reporting requirement.--
[(i) Allocation.--In awarding grants
under this subsection to local
educational agencies described in
paragraph (2)(B)(ii), the Secretary
shall consider all applications
received from local educational
agencies that meet the requirement of
subsection (a)(2)(A) and local
educational agencies that meet the
requirement of subsection (a)(2)(B).
[(ii) Reporting requirement.--
[(I) In general.--Not later
than January 1 of each year,
the Secretary shall prepare and
submit to the appropriate
congressional committees a
report that contains a
justification for each grant
awarded under this subsection
for the prior fiscal year.
[(II) Definition.--In this
clause, the term ``appropriate
congressional committees''
means the Committee on
Appropriations and the
Committee on Education and the
Workforce of the House of
Representatives and the
Committee on Appropriations and
the Committee on Health,
Education, Labor and Pensions
of the Senate.
[(D) Consideration for following year.--A
local educational agency described in paragraph
(2)(B)(ii) that applies for a grant under this
subsection 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 subparagraph (B).
[(7) Supplement not supplant.--An eligible local
educational agency shall use funds received under this
subsection 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.]
(b) School Facility Emergency and Modernization Grants
Authorized.--
(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section
6013(e), the Secretary--
(A) shall award emergency grants in
accordance with this subsection to eligible
local educational agencies to enable the
agencies to carry out emergency repairs of
school facilities; and
(B) shall award modernization grants in
accordance with this subsection to eligible
local educational agencies to enable the
agencies to carry out the modernization of
school facilities.
(2) Priority.--In approving applications from local
educational agencies for emergency grants and
modernization grants under this subsection, the
Secretary shall give priority to applications for
emergency grants and, among such applications for
emergency grants, shall give priority to those
applications of local educational agencies based on the
severity of the emergency.
(3) Eligibility requirements.--
(A) Emergency grants.--A local educational
agency is eligible to receive an emergency
grant under this subsection only if--
(i) the agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent)--
(I) has no practical capacity
to issue bonds;
(II) has minimal capacity to
issue bonds and is at 75
percent of the agency's limit
of bonded indebtedness; or
(III) does not meet the
requirements of subclauses (I)
and (II) but is eligible to
receive funds under section
6003(b)(2) for the fiscal year;
and
(ii) the agency is eligible to
receive assistance under subsection (a)
for the fiscal year and has a school
facility emergency, as determined by
the Secretary, that poses a health or
safety hazard to the students and
school personnel assigned to the school
facility.
(B) Modernization grants.--A local
educational agency is eligible to receive a
modernization grant under this subsection only
if--
(i) the agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent) meets
the requirements of subclause (I),
(II), or (III) of subparagraph (A)(i);
(ii) the agency is eligible to
receive assistance under section 6002
for the fiscal year and has an assessed
value of real property per student that
may be taxed for school purposes that
is less than the average of the
assessed value of real property per
student that may be taxed for school
purposes in the State in which the
local educational agency is located;
and
(iii) the agency has facility needs
resulting from actions of the Federal
Government, such as enrollment
increases due to the expansion of
Federal activities, housing
privatization, or the acquisition of
Federal property.
(C) Rule of construction.--For purposes of
subparagraph (A)(i), a local educational
agency--
(i) has no practical capacity to
issue bonds if the total assessed value
of real property that may be taxed for
school purposes is less than
$25,000,000; and
(ii) has minimal capacity to issue
bonds if the total assessed value of
real property that may be taxed for
school purposes is not less than
$25,000,000 but not more than
$50,000,000.
(4) Award criteria.--In awarding emergency grants and
modernization grants under this subsection, the
Secretary shall consider the following factors:
(A) The ability of the local educational
agency to respond to the emergency, or to pay
for the modernization project, as the case may
be, as measured by--
(i) the agency's level of bonded
indebtedness;
(ii) the assessed value of real
property per student that may be taxed
for school purposes compared to the
average of the assessed value of real
property per student that may be taxed
for school purposes in the State in
which the agency is located;
(iii) the agency's total tax rate for
school purposes (or, if applicable, for
capital expenditures) compared to the
average total tax rate for school
purposes (or the average capital
expenditure tax rate, if applicable) in
the State in which the agency is
located; and
(iv) funds that are available to the
agency, from any other source,
including section 8007(a), that may be
used for capital expenditures.
(B) The percentage of property in the agency
that is nontaxable due to the presence of the
Federal Government.
(C) The number and percentages of children
described in subparagraphs (A), (B), (C), and
(D) of section 6003(a)(1) served in the school
facility with the emergency or served in the
school facility proposed for modernization, as
the case may be.
(D) In the case of an emergency grant, the
severity of the emergency, as measured by the
threat that the condition of the school
facility poses to the health, safety, and well-
being of students.
(E) In the case of a modernization grant--
(i) the severity of the need for
modernization, as measured by such
factors as--
(I) overcrowding, as
evidenced by the use of
portable classrooms; or
(II) the agency's inability
to maximize the use of
technology or offer a
curriculum in accordance with
contemporary State standards
due to the physical limitations
of the current school facility;
and
(ii) the age of the school facility
proposed for modernization.
(5) Other award provisions.--
(A) General provisions.--
(i) Limitations on amount of funds.--
(I) In general.--The amount
of funds provided under an
emergency grant or a
modernization grant awarded
under this subsection to a
local educational agency that
meets the requirements of
subclause (II) or (III) of
paragraph (3)(A)(i)--
(aa) shall not exceed
50 percent of the total
cost of the project to
be assisted under this
subsection; and
(bb) shall not exceed
$3,000,000 during any
5-year period.
(II) In-kind contributions.--
A local educational agency may
use in-kind contributions to
meet the matching requirement
of subclause (I)(aa).
(ii) Prohibitions on use of funds.--A
local educational agency may not use
funds provided under an emergency grant
or modernization grant awarded under
this subsection for--
(I) a project for a school
facility for which the agency
does not have full title or
other interest; or
(II) stadiums or other
facilities primarily used for
athletic contests, exhibitions,
or other events for which
admission is charged to the
general public.
(iii) Supplement not supplant.--A
local educational agency shall use
funds provided under an emergency grant
or modernization grant awarded under
this subsection only to supplement the
amount of funds that would, in the
absence of the Federal funds provided
under the grant, be made available from
non-Federal sources to carry out
emergency repairs of school facilities
or to carry out the modernization of
school facilities, as the case may be,
and not to supplant such funds.
(B) Emergency grants.--
(i) Prohibition on use of funds.--A
local educational agency that is
awarded an emergency grant under this
subsection may not use amounts under
the grant for the complete or partial
replacement of an existing school
facility unless such replacement is
less expensive or more cost-effective
to correct the identified emergency.
(ii) Carry-over of certain
applications.--In the case of a local
educational agency that applies for an
emergency grant under this subsection
for a fiscal year and does not receive
the grant for the fiscal year, the
Secretary--
(I) shall, upon the request
of the agency, treat the
application as an application
for an emergency grant under
this subsection for the
subsequent fiscal year in
accordance with the priority
requirements of paragraph (2);
and
(II) shall allow the agency
to amend or otherwise update
the application, as
appropriate.
(6) Application.--A local educational agency that
desires to receive an emergency grant or a
modernization grant under this subsection shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require. Each application shall contain
the following:
(A) The information described in clauses (i)
through (iv) of paragraph (4)(A) and
subparagraphs (B) and (C) of paragraph (4).
(B) In the case of an application for an
emergency grant--
(i) a description of the school
facility deficiency that poses a health
or safety hazard to the occupants of
the facility and a description of how
the deficiency will be repaired; and
(ii) a signed statement from an
appropriate local official certifying
that a deficiency in the school
facility threatens the health or safety
of the occupants of the facility or
that prevents the use of all or a
portion of the building.
(C) In the case of an application for a
modernization grant--
(i) an explanation of the need for
the school facility modernization
project; and
(ii) the date on which original
construction of the facility to be
modernized was completed.
(D) A description of the project for which a
grant under this subsection would be used,
including a cost estimate for the project.
(E) A description of the interest in, or
authority over, the school facility involved,
such as an ownership interest or a lease
arrangement.
(F) Such other information and assurances as
the Secretary may reasonably require.
(7) Report.--
(A) In general.--Not later than January 1 of
each year, the Secretary shall prepare and
submit to the appropriate congressional
committees a report that contains a
justification for each grant awarded under this
subsection for the prior fiscal year.
(B) Definition.--In this paragraph, the term
``appropriate congressional committees''
means--
(i) the Committee on Appropriations
and the Committee on Education and the
Workforce of the House of
Representatives; and
(ii) the Committee on Appropriations
and the Committee on Health, Education,
Labor and Pensions of the Senate.
SEC. [8008.] 6007. FACILITIES.
(a) Current Facilities.--From the amount appropriated for any
fiscal year under section [8014] 6013(f), 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.] 6008. 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 in determining
for any fiscal year--
(A) the eligibility of a local educational
agency for State aid for free public education;
or
(B) the amount of such aid; or
(2) make such aid available to local educational
agencies in a manner that results in less State aid to
any local educational agency that is eligible for such
payment than such agency would receive if such agency
were not so eligible.
(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] 6002 or [8003] 6003(b) (except the
amount calculated in excess of 1.0 under section [8003]
6003(a)(2)(B) and, with respect to a local educational
agency that receives a payment under section [8003]
6003(b)(2), the amount in excess of the amount that the
agency would receive if the agency were deemed to be an
agency eligible to receive a payment under section
[8003] 6003(b)(1) and not section [8003] 6003(b)(2))
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.
* * * * * * *
(c) Procedures for Review of State Equalization Plans.--
(1) * * *
* * * * * * *
(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
(A) certify the program and so notify the
State; and
(B) afford an opportunity for a hearing, in
accordance with section [8011] 6010(a), to any
local educational agency adversely affected by
such certification.
(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify
under subsection (b), the Secretary shall--
(A) so notify the State; and
(B) afford an opportunity for a hearing, in
accordance with section [8011] 6010(a), to the
State, and to any local educational agency
adversely affected by such determination.
* * * * * * *
SEC. [8010.] 6009. FEDERAL ADMINISTRATION.
(a) * * *
* * * * * * *
(c) Special Rules.--
(1) Certain children eligible under subparagraphs (a)
and (g)(ii) of section [8003] 6003(a)(1).--(A) The
Secretary shall treat as eligible under subparagraph
(A) of section [8003] 6003(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) of this subsection.
(B) The Secretary shall treat as eligible under
subparagraph (G) of section [8003] 6003(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) of this subsection.
(2) Requirements.--A child meets the requirements of
this paragraph if--
(A) such child resides--
(i) in a State adjacent to the State
in which the local educational agency
serving the school such child attends
is located; or
(ii) with a parent employed on
Federal property in a State adjacent to
the State in which such agency is
located;
(B) the schools of such agency are within a
more reasonable commuting distance of such
child's home than the schools of the local
educational agency that serves the school
attendance area where such child resides;
(C) attending the schools of the local
educational agency that serves the school
attendance area where such child resides will
impose a substantial hardship on such child;
(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 [8009] 6008(b) of this
title; and
(E) such agency received a payment for fiscal
year 1999 under section [8003] 6003(b) on
behalf of children described in paragraph (1).
SEC. [8011.] 6010. 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) 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 the
local educational agency or State, as the case may be, submits
to the Secretary a request for the hearing not later than 60
days after the date of the action of the Secretary under this
title.
* * * * * * *
SEC. [8012.] 6011. 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 this title's predecessor
authorities, if the Secretary determines that the overpayment
was made as a result of an error made by--
(1) the Secretary; or
(2) the local educational agency and repayment of the
full amount of the overpayment will result in an undue
financial hardship on the agency and seriously harm the
agency's educational program.
SEC. [8013.] 6012. DEFINITIONS.
For purposes of this title:
(1) * * *
* * * * * * *
SEC. [8014.] 6013. AUTHORIZATION OF APPROPRIATIONS.
(a) Payments for Federal Acquisition of Real Property.--For
the purpose of making payments under section [8002] 6002, there
are authorized to be appropriated $32,000,000 for fiscal year
2000 and such sums as may be necessary for each of the [three]
six succeeding fiscal years.
(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments under
section [8003] 6003(b), there are authorized to be appropriated
$809,400,000 for fiscal year 2000 and such sums as may be
necessary for each of the [three] six succeeding fiscal years.
(c) Payments for Children With Disabilities.--For the purpose
of making payments under section [8003] 6003(d), there are
authorized to be appropriated $50,000,000 for fiscal year 2000
and such sums as may be necessary for each of the [three] six
succeeding fiscal years.
(e) Construction.--For the purpose of carrying out section
8007, there are authorized to be appropriated $10,052,000 for
fiscal year 2000 and such sums as may be necessary [for each of
the three succeeding fiscal years] for fiscal year 2001,
$150,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the four succeeding fiscal years.
(f) Facilities Maintenance.--For the purpose of carrying out
section [8008] 6007, there are authorized to be appropriated
$5,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the [three] six succeeding fiscal years.
(g) Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition.--For the
purpose of carrying out section [8002] 6002(j) there are
authorized to be appropriated $1,500,000 for fiscal year 2000
and such sums as may be necessary for each of the [three] six
succeeding fiscal years.
[TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
[PART A--BILINGUAL EDUCATION
[SEC. 7101. SHORT TITLE.
[This part may be cited as the ``Bilingual Education Act''.
[SEC. 7102. FINDINGS, POLICY, AND 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 purpose of this part is to educate limited
English proficient children and youth to 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;
[(2) developing bilingual skills and multicultural
understanding;
[(3) developing the English of such children and
youth and, to the extent possible, the native language
skills of such children and youth;
[(4) providing similar assistance to Native Americans
with certain modifications relative to the unique
status of Native American languages under Federal law;
[(5) developing data collection and dissemination,
research, materials development, and technical
assistance which is focused on school improvement for
limited English proficient students; and
[(6) developing programs which strengthen and improve
the professional training of educational personnel who
work with limited English proficient students.
[SEC. 7103. 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 and such sums as may be necessary for each of
the four succeeding fiscal years.
[(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall reserve
not less than 25 percent of such funds for such year to carry
out subpart 3.
[SEC. 7104. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
[(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by elementary,
secondary, and postsecondary schools operated predominately for
Native American or Alaska Native children and youth, an Indian
tribe, a tribally sanctioned educational authority, a Native
Hawaiian or Native American Pacific Islander native language
education organization, or an elementary or secondary school
that is operated or funded by the Bureau of Indian Affairs
shall be considered to be a local educational agency as such
term is used in this part, subject to the following
qualifications:
[(1) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village
or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services
provided by the United States to Indians because of
their status as Indians.
[(2) Tribally sanctioned educational authority.--The
term ``tribally sanctioned educational authority''
means--
[(A) any department or division of education
operating within the administrative structure
of the duly constituted governing body of an
Indian tribe; and
[(B) any nonprofit institution or
organization that is--
[(i) chartered by the governing body
of an Indian tribe to operate any such
school or otherwise to oversee the
delivery of educational services to
members of that tribe; and
[(ii) approved by the Secretary for
the purpose of this section.
[(b) Eligible Entity Application.--Notwithstanding any other
provision of this part, each eligible entity described in
subsection (a) shall submit any application for assistance
under this part directly to the Secretary along with timely
comments on the need for the proposed program.
[SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED NATIONS.
For the purpose of carrying out programs under this part in
the outlying areas, the term ``local educational agency'' shall
include public institutions or agencies whose mission is the
preservation and maintenance of native languages.
[Subpart 1--Bilingual Education Capacity and Demonstration Grants
[SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.
The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections
7112, 7113, 7114, and 7115 to--
[(1) develop and enhance their capacity to provide
high-quality instruction through bilingual education or
special alternative instruction programs to children
and youth of limited English proficiency; and
[(2) to help such children and youth--
[(A) develop proficiency in English, and to
the extent possible, their native language; and
[(B) meet the same challenging State content
standards and challenging State student
performance standards expected for all children
and youth as required by section 1111(b).
[SEC. 7112. 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 Consideration.--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. 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.
[(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 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.
[(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 enhance early
childhood education or family education programs or to
conduct an instructional program which supplements the
educational services provided by a local educational
agency.
[SEC. 7114. 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
carrying 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 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. 7115. 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. APPLICATIONS.
[(a) In General.--
[(1) Secretary.--To receive a grant under this
subpart, an eligible entity shall submit an application
to the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
[(2) State educational agency.--An eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of its application
under this section to the State educational agency.
[(b) 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 application to the Secretary.
[(2) Comments.--(A) Regarding any application
submitted under this title, the State educational
agency shall--
[(i) submit to the Secretary written comments
regarding all such applications; and
[(ii) submit to each eligible entity the
comments that pertain to such entity.
[(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
[(ii) how the grant application is consistent
with the State plan submitted under section
1111.
[(c) Eligible Entity Comments.--An eligible entity may submit
to the Secretary comments that address the comments submitted
by the State educational agency.
[(d) Comment Consideration.--In making grants under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
[(e) Waiver.--Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement of subsection (b)
if a State educational agency can demonstrate that such review
requirement may impede such agency's ability to fulfill the
requirements of participation in the State grant program,
particularly such agency's data collection efforts and such
agency's ability to provide technical assistance to local
educational agencies not receiving funds under this Act.
[(f) Required Documentation.--Such application shall include
documentation that the applicant has the qualified personnel
required to develop, administer, and implement the proposed
program.
[(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 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 program's design--
[(i) relates to the linguistic and
academic needs of the children and
youth of limited-English proficiency to
be served;
[(ii) is coordinated with other
programs under this Act, the Goals
2000: Educate America Act and other
Acts, as appropriate, in accordance
with section 14306;
[(iii) involves the parents of the
children and youth of limited-English
proficiency to be served;
[(iv) ensures accountability in
achieving high academic standards; and
[(v) promotes coordination of
services for the children and youth of
limited-English proficiency to be
served and their families.
[(C) A description, if appropriate, of the
applicant's collaborative activities with
institutions of higher education, community-
based organizations, local or State educational
agencies, private schools, nonprofit
organizations, or businesses in carrying out
the proposed program.
[(D) An assurance that the applicant will not
reduce the level of State and local funds that
the applicant expends for bilingual education
or special alternative instruction programs if
the applicant receives an award under this
subpart.
[(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.
[(F) A budget for grant funds.
[(2) Additional information.--Each application for a
grant under section 7114 or 7115 shall--
[(A) describe--
[(i) current services the applicant
provides to children and youth of
limited-English proficiency;
[(ii) what services children and
youth of limited-English proficiency
will receive under the grant that such
children or youth will not otherwise
receive;
[(iii) how funds received under this
subpart will be integrated with all
other Federal, State, local, and
private resources that may be used to
serve children and youth of limited-
English proficiency;
[(iv) specific achievement and school
retention goals for the children and
youth to be served by the proposed
program and how progress toward
achieving such goals will be measured;
and
[(v) current family education
programs if applicable; and
[(B) provide assurances that--
[(i) the program funded will be
integrated with the overall educational
program; and
[(ii) the application has been
developed in consultation with an
advisory council, the majority of whose
members are parents and other
representatives of the children and
youth to be served in such programs.
[(h) Approval of Applications.--An application for a grant
under this subpart may be approved only if the Secretary
determines that--
[(1) the program will use qualified personnel,
including personnel who are proficient in the language
or languages used for instruction;
[(2) in designing the program for which application
is made, the needs of children in nonprofit private
elementary and secondary schools have been taken into
account through consultation with appropriate private
school officials and, consistent with the number of
such children enrolled in such schools in the area to
be served whose educational needs are of the type and
whose language and grade levels are of a similar type
to those which the program is intended to address,
after consultation with appropriate private school
officials, provision has been made for the
participation of such children on a basis comparable to
that provided for public school children;
[(3) student evaluation and assessment procedures in
the program are valid, reliable, and fair for limited
English proficient students, and that limited English
proficient students who are disabled are identified and
served in accordance with the requirements of the
Individuals with Disabilities Education Act;
[(4) Federal funds made available for the project or
activity will be used so as to supplement the level of
State and local funds that, in the absence of such
Federal funds, would have been expended for special
programs for children of limited English proficient
individuals and in no case to supplant such State and
local funds, except that nothing in this paragraph
shall be construed to preclude a local educational
agency from using funds under this title for activities
carried out under an order of a court of the United
States or of any State respecting services to be
provided such children, or to carry out a plan approved
by the Secretary as adequate under title VI of the
Civil Rights Act of 1964 with respect to services to be
provided such children;
[(5) the assistance provided under the application
will contribute toward building the capacity of the
applicant to provide a program on a regular basis,
similar to that proposed for assistance, which will be
of sufficient size, scope, and quality to promise
significant improvement in the education of students of
limited-English proficiency, and that the applicant
will have the resources and commitment to continue the
program when assistance under this subpart is reduced
or no longer available; and
[(6) the applicant provides for utilization of the
State and national dissemination sources for program
design and in dissemination of results and products.
[(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.
[(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) 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) 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. 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. 7118. CAPACITY BUILDING.
[Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient's capacity to
continue to offer high-quality bilingual and special
alternative education programs and services to children and
youth of limited-English proficiency once Federal assistance is
reduced or eliminated.
[SEC. 7119. 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. 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. 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. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
[Programs authorized under this part that serve Native
American children, Native Pacific Island children, and children
in the Commonwealth of Puerto Rico, notwithstanding any other
provision of this part, may include programs of instruction,
teacher training, curriculum development, evaluation, and
testing designed for Native American children and youth
learning and studying Native American languages and children
and youth of limited-Spanish proficiency, except that one
outcome of such programs serving Native American children shall
be increased English proficiency among such children.
[SEC. 7123. 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 funded 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. 7124. CONSTRUCTION.
[Nothing in this part shall be construed to prohibit a local
educational agency from serving limited English proficient
children and youth simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
[Subpart 2--Research, Evaluation, and Dissemination
[SEC. 7131. AUTHORITY.
[(a) In General.--The Secretary is authorized to conduct data
collection, dissemination, research, and ongoing program
evaluation activities in accordance with the provisions of this
subpart for the purpose of improving bilingual education and
special alternative instruction programs for children and youth
of limited English proficiency.
[(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported
through competitive grants, contracts and cooperative
agreements awarded institutions of higher education, nonprofit
organizations, and State and local educational agencies.
[(c) Administration.--The Secretary shall conduct data
collection, dissemination, and ongoing program evaluation
activities authorized by this subpart through the Office of
Bilingual Education and Minority Language Affairs.
[SEC. 7132. RESEARCH.
[(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Office of
Educational Research and Improvement in coordination and
collaboration with the Office of Bilingual Education and
Minority Language Affairs.
[(b) Requirements.--Such research activities--
[(1) shall have a practical application to teachers,
counselors, paraprofessionals, school administrators,
parents, and others involved in improving the education
of limited English proficient students and their
families;
[(2) may include research on effective instructional
practices for multilingual classes, and on effective
instruction strategies to be used by teachers and other
staff who do not know the native language of a limited
English proficient child or youth in their classrooms;
[(3) may include establishing (through the National
Center for Education Statistics in consultation with
experts in bilingual education, second language
acquisition, and English-as-a-second-language) a common
definition of ``limited English proficient student''
for purposes of national data collection; and
[(4) shall be administered by individuals with
expertise in bilingual education and the needs of
limited English proficient students and their families.
[(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 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.
[(2) Applications.--Applicants for assistance under
this subsection may submit an application for such
assistance to the Secretary at the same time as
applications are submitted under subpart 1 or 2. The
Secretary shall complete a review of such applications
on a timely basis to allow research and program grants
to be coordinated when recipients are awarded two or
more such grants.
[(d) Consultation.--The Secretary shall consult with agencies
and organizations that are engaged in bilingual education
research and practice, or related research, and bilingual
education researchers and practitioners to identify areas of
study and activities to be funded under this section.
[(e) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited English proficient
students as part of the data systems operated by the
Department.
[SEC. 7133. 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. 7134. STATE GRANT PROGRAM.
[(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that demonstrates,
to the satisfaction of the Secretary, that such agency, through
such agency's own programs and other Federal education
programs, effectively provides for the education of children
and youth of limited English proficiency within the State.
[(b) Payments.--The amount paid to a State educational agency
under subsection (a) shall not exceed 5 percent of the total
amount awarded to local educational agencies within the State
under subpart 1 for the previous fiscal year, except that in no
case shall the amount paid by the Secretary to any State
educational agency under this subsection for any fiscal year be
less than $100,000.
[(c) Use of Funds.--
[(1) In general.--A State educational agency shall
use funds awarded under this section for programs
authorized by this section to--
[(A) assist local educational agencies in the
State with program design, capacity building,
assessment of student performance, and program
evaluation; and
[(B) collect data on the State's limited
English proficient populations and the
educational programs and services available to
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) 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) Special rule.--Recipients of funds under this
section shall not restrict the provision of services
under this section to federally funded programs.
[(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals or
organizations involved in the development or operation of
programs serving limited English proficient children or youth
to ensure that such funds are used in a manner consistent with
the requirements of this title.
[(e) Applications.--A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
[(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent practical,
to increase to the level of funds that would, in the absence of
such funds, be made available by the State for the purposes
described in this section, and in no case to supplant such
funds.
[(g) Report to the Secretary.--State educational agencies
receiving awards under this section shall provide for the
annual submission of a summary report to the Secretary
describing such State's use of such funds.
[SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
[(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for Bilingual
Education, which shall collect, analyze, synthesize, and
disseminate information about bilingual education and related
programs.
[(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
[(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system of clearinghouses supported by
the Office of Educational Research and Improvement;
[(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks
and systems;
[(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.
[SEC. 7136. 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. 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.
[Subpart 3--Professional Development
[SEC. 7141. PURPOSE.
[The purpose of this subpart is to assist in preparing
educators to improve the educational services for limited
English proficient children and youth by supporting
professional development programs and the dissemination of
information on appropriate instructional practices for such
children and youth.
[SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.
[(a) Purpose.--The purpose of this section is to provide for
the incorporation of courses and curricula on appropriate and
effective instructional and assessment methodologies,
strategies and resources specific to limited English proficient
students into preservice and inservice professional development
programs for teachers, pupil services personnel, administrators
and other education personnel in order to prepare such
individuals to provide effective services to limited English
proficient students.
[(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
consortia 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.
[SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.
[(a) Purpose.--The purpose of this section is to provide
for--
[(1) preservice and inservice professional
development for bilingual education teachers,
administrators, pupil services personnel, and other
educational personnel who are either involved in, or
preparing to be involved in, the provision of
educational services for children and youth of limited-
English proficiency; and
[(2) national professional development institutes
that assist schools or departments of education in
institutions of higher education to improve the quality
of professional development programs for personnel
serving, preparing to serve, or who may serve, children
and youth of limited-English proficiency.
[(b) Priority.--The Secretary shall give priority in awarding
grants under this section to institutions of higher education,
in consortia with local or State educational agencies, that
offer degree programs which prepare new bilingual education
teachers in order to increase the availability of educators to
provide high-quality education to limited English proficient
students.
[(c) Authorization.--
[(1) The Secretary is authorized to award grants for
not more than five years to institutions of higher
education which have entered into consortia
arrangements with local or State educational agencies
to achieve the purposes of this section.
[(2) The Secretary is authorized to make grants for
not more than five years to State and local educational
agencies for inservice professional development
programs.
[SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
[(a) Purpose.--The purpose of this section is--
[(1) to upgrade the qualifications and skills of
noncertified educational personnel, especially
educational paraprofessionals, to meet high
professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited English
proficient students, through collaborative training
programs operated by institutions of higher education
and local and State educational agencies; and
[(2) to help recruit and train secondary school
students as bilingual education teachers and other
educational personnel to serve limited English
proficient students.
[(b) Authorization.--
[(1) In general.--The Secretary is authorized to
award grants for bilingual education career ladder
programs to institutions of higher education applying
in consortia with local or State educational agencies,
which consortia may include community-based
organizations or professional education organizations.
[(2) Duration.--Each grant under this section shall
be awarded for a period of not more than five years.
[(c) Permissive Activities.--Grants awarded under this
section may be used--
[(1) for the development of bilingual education
career ladder program curricula appropriate to the
needs of the consortium participants;
[(2) to provide assistance for stipends and costs
related to tuition, fees and books for enrolling in
courses required to complete the degree and
certification requirements to become bilingual
education teachers; and
[(3) for programs to introduce secondary school
students to careers in bilingual education teaching
that are coordinated with other activities assisted
under this section.
[(d) Special Consideration.--The Secretary shall give special
consideration to applications under this section which provide
for--
[(1) participant completion of baccalaureate and
master's degree teacher education programs, and
certification requirements and may include effective
employment placement activities;
[(2) development of teacher proficiency in English a
second language, including demonstrating proficiency in
the instructional use of English and, as appropriate, a
second language in classroom contexts;
[(3) coordination with the Federal TRIO programs
under chapter 1 of part A of title IV of the Higher
Education Act of 1965, the National Mini Corps under
subpart 1 of part F of title V of such Act, the Teacher
Corps program under subpart 3 of part C of title V of
such Act, and the National Community and Service Trust
Act of 1993 programs, and other programs for the
recruitment and retention of bilingual students in
secondary and postsecondary programs to train to become
bilingual educators; and
[(4) the applicant's contribution of additional
student financial aid to participating students.
[SEC. 7145. 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) 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.
[(b) Fellowship Requirements.--
[(1) In general.--Any person receiving a fellowship
under this section shall agree to--
[(A) work in an activity related to the
program or in an activity such as an activity
authorized under this part, including work as a
bilingual education teacher, for a period of
time equivalent to the period of time during
which such person receives assistance under
this section; or
[(B) repay such assistance.
[(2) Regulations.--The Secretary shall establish in
regulations such terms and conditions for such
agreement as the Secretary deems reasonable and
necessary and may waive the requirement of paragraph
(1) in extraordinary circumstances.
[(c) Priority.--In awarding fellowships under this section
the Secretary may give priority to institutions of higher
education that demonstrate experience in assisting fellowship
recipients find employment in the field of bilingual education.
[SEC. 7146. APPLICATION.
[(a) In General.--
[(1) Secretary.--To receive an award under this
subpart, an eligible entity shall submit an application
to the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
[(2) Consultation and assessment.--Each such
application shall contain a description of how the
applicant has consulted with, and assessed the needs
of, public and private schools serving children and
youth of limited-English proficiency to determine such
school's need for, and the design of, the program for
which funds are sought.
[(3) Special rule.--(A) An application for a grant
under subsection (a) from an applicant who proposes to
conduct a master's- or doctoral-level program with
funds received under this section shall provide an
assurance that such program will include, as a part of
the program, a training practicum in a local school
program serving children and youth of limited-English
proficiency.
[(B) A recipient of a grant under subsection (a) may
waive the requirement of a training practicum for a
degree candidate with significant experience in a local
school program serving children and youth of limited-
English proficiency.
[(4) State educational agency.--An eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of the application
under this subsection to the State educational agency.
[(b) State Review and Comments.--
[(1) Deadline.--The State educational agency, not
later than 45 days after receipt of such application
copy, shall review the application and transmit such
application to the Secretary.
[(2) Comments.--(A) Regarding any application
submitted under this subpart, the State educational
agency shall--
[(i) submit to the Secretary written comments
regarding all such applications; and
[(ii) submit to each eligible entity the
comments that pertain to such entity.
[(B) For purposes of this subpart, 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
[(ii) how the grant application is consistent
with the State plan submitted under section
1111.
[(3) Waiver.--Notwithstanding paragraphs (1) and (2),
the Secretary is authorized to waive the review
requirement if a State educational agency can
demonstrate that such review requirement may impede
such agency's ability to fulfill the requirements of
participation in the State grant program, particularly
such agency's data collection efforts and such agency's
ability to provide technical assistance to local
educational agencies not receiving funds under this
Act.
[(c) Eligible Entity Comments.--An eligible entity may submit
to the Secretary comments that address the comments submitted
by the State educational agency.
[(d) Comment Consideration.--In making awards under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
[(e) Special Rule.--
[(1) Outreach and technical assistance.--The
Secretary shall provide for outreach and technical
assistance to institutions of higher education eligible
for assistance under title III of the Higher Education
Act of 1965 and institutions of higher education that
are operated or funded by the Bureau of Indian Affairs
to facilitate the participation of such institutions in
activities under this part.
[(2) Distribution rule.--In making awards under this
subpart, the Secretary, consistent with subsection (d),
shall ensure adequate representation of Hispanic-
serving institutions that demonstrate competence and
experience in the programs and activities authorized
under this subpart and are otherwise qualified.
[SEC. 7147. 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. 7148. STIPENDS.
[The Secretary shall provide for the payment of such stipends
(including allowances for subsistence and other expenses for
such persons and their dependents), as the Secretary determines
to be appropriate, to persons participating in training
programs under this subpart.
[SEC. 7149. 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. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.
[Awards under this subpart may be used to develop a program
participant's competence in a second language for use in
instructional programs.
[Subpart 4--Transition
[SEC. 7161. 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 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).
[PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM
[SEC. 7201. SHORT TITLE.
[This part may be cited as the ``Foreign Language Assistance
Act of 1994''.
[SEC. 7202. 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
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. 7203. PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--The Secretary shall make grants, on
a competitive basis, to State educational agencies or
local educational agencies to pay the Federal share of
the cost of innovative model programs providing for the
establishment, improvement or expansion of foreign
language study for elementary and secondary school
students.
[(2) Duration.--Each grant under paragraph (1) shall
be awarded for a period of three years.
[(b) Requirements.--
[(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
[(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
[(A) show the promise of being continued
beyond the grant period;
[(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
[(C) may include a professional development
component.
[(c) Federal Share.--
[(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
[(2) Waiver.--The Secretary may waive the requirement
of paragraph (1) for any local educational agency which
the Secretary determines does not have adequate
resources to pay the non-Federal share of the cost of
the activities assisted under this part.
[(3) Special rule.--Not less than three-fourths of
the funds appropriated under section 7206 shall be used
for the expansion of foreign language learning in the
elementary grades.
[(4) Reservation.--The Secretary may reserve not more
than 5 percent of funds appropriated under section 7206
to evaluate the efficacy of programs under this part.
[SEC. 7204. APPLICATIONS.
[(a) In General.--Any State educational agency or local
educational agency desiring a grant under this part shall
submit an application to the Secretary at such time, in such
form, and containing such information and assurances as the
Secretary may require.
[(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.
[SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
[(a) Incentive Payments.--From amounts appropriated under
section 7206 the Secretary shall make an incentive payment for
each fiscal year to each public elementary school that provides
to students attending such school a program designed to lead to
communicative competency in a foreign language.
[(b) Amount.--The Secretary shall determine the amount of the
incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
[(c) Requirement.--The Secretary shall consider a program to
be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language not less than four days per week throughout an
academic year.
[SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $35,000,000 for the
fiscal year 1995, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out this part, of
which not more than $20,000,000 may be used in each fiscal year
to carry out section 7205.
[PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM
[SEC. 7301. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) the education of our Nation's children and youth
is one of the most sacred government responsibilities;
[(2) local educational agencies have struggled to
fund adequately education services;
[(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--
[(1) provide high-quality instruction to immigrant
children and youth; and
[(2) help such children and youth--
[(A) with their transition into American
society; and
[(B) meet the same challenging State
performance standards expected of all children
and youth.
[SEC. 7302. STATE ADMINISTRATIVE COSTS.
[For any fiscal year, a State educational agency may reserve
not more than 1.5 percent of the amount allocated to such
agency under section 7304 to pay the costs of performing such
agency's administrative functions under this part.
[SEC. 7303. WITHHOLDING.
[Whenever the Secretary, after providing reasonable notice
and opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
provision of this part, the Secretary shall notify that agency
that further payments will not be made to the agency under this
part, or in the discretion of the Secretary, that the State
educational agency shall not make further payments under this
part to specified local educational agencies whose actions
cause or are involved in such failure until the Secretary is
satisfied that there is no longer any such failure to comply.
Until the Secretary is so satisfied, no further payments shall
be made to the State educational agency under this part, or
payments by the State educational agency under this part shall
be limited to local educational agencies whose actions did not
cause or were not involved in the failure, as the case may be.
[SEC. 7304. 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).
[(b) Allocations.--
[(1) In general.--Except as provided in subsections
(c) and (d), of the amount appropriated for each fiscal
year for this part, each State participating in the
program assisted under this part shall receive an
allocation equal to the proportion of such State's
number of immigrant children and youth who are enrolled
in public elementary or secondary schools under the
jurisdiction of each local educational agency described
in paragraph (2) within such State, and in nonpublic
elementary or secondary schools within the district
served by each such local educational agency, relative
to the total number of immigrant children and youth so
enrolled in all the States participating in the program
assisted under this part.
[(2) Eligible local educational agencies.--The local
educational agencies referred to in paragraph (1) are
those local educational agencies in which the sum of
the number of immigrant children and youth who are
enrolled in public elementary or secondary schools
under the jurisdiction of such agencies, and in
nonpublic elementary or secondary schools within the
districts served by such agencies, during the fiscal
year for which the payments are to be made under this
part, is equal to--
[(A) at least 500; or
[(B) at least 3 percent of the total number
of students enrolled in such public or
nonpublic schools during such fiscal year,
whichever number is less.
[(c) Determinations of Number of Children and Youth.--
[(1) In general.--Determinations by the Secretary
under this section for any period with respect to the
number of immigrant children and youth shall be made on
the basis of data or estimates provided to the
Secretary by each State educational agency in
accordance with criteria established by the Secretary,
unless the Secretary determines, after notice and
opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
[(2) Special rule.--No such determination with
respect to the number of immigrant children and youth
shall operate because of an underestimate or
overestimate to deprive any State educational agency of
the allocation under this section that such State would
otherwise have received had such determination been
made on the basis of accurate data.
[(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out the
purpose for which the payment was made, the Secretary shall
make such amount available for carrying out such purpose to one
or more other States to the extent the Secretary determines
that such other States will be able to use such additional
amount for carrying out such purpose. Any amount made available
to a State from any appropriation for a fiscal year in
accordance with the preceding sentence shall, for purposes of
this part, be regarded as part of such State's payment (as
determined under subsection (b)) for such year, but shall
remain available until the end of the succeeding fiscal year.
[(e) Reservation of Funds.--
[(1) In general.--Notwithstanding any other provision
of this part, if the amount appropriated to carry out
this part exceeds $50,000,000 for a fiscal year, a
State educational agency may reserve not more than 20
percent of such agency's payment under this part for
such year to award grants, on a competitive basis, to
local educational agencies within the State as follows:
[(A) At least one-half of such grants shall
be made available to eligible local educational
agencies (as described in subsection (b)(2))
within the State with the highest numbers and
percentages of immigrant children and youth.
[(B) Funds reserved under this paragraph and
not made available under subparagraph (A) may
be distributed to local educational agencies
within the State experiencing a sudden influx
of immigrant children and youth which are
otherwise not eligible for assistance under
this part.
[(2) Use of grant funds.--Each local educational
agency receiving a grant under paragraph (1) shall use
such grant funds to carry out the activities described
in section 7307.
[(3) Information.--Local educational agencies with
the highest number of immigrant children and youth
receiving funds under paragraph (1) may make
information available on serving immigrant children and
youth to local educational agencies in the State with
sparse numbers of such children.
[SEC. 7305. STATE APPLICATIONS.
[(a) Submission.--No State educational agency shall receive
any payment under this part for any fiscal year unless such
agency submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such information,
as the Secretary may reasonably require. Each such application
shall--
[(1) provide that the educational programs, services,
and activities for which payments under this part are
made will be administered by or under the supervision
of the agency;
[(2) provide assurances that payments under this part
will be used for purposes set forth in sections 7301
and 7307, including a description of how local
educational agencies receiving funds under this part
will use such funds to meet such purposes and will
coordinate with other programs assisted under this Act,
the Goals 2000: Educate America Act, and other Acts as
appropriate;
[(3) provide an assurance that local educational
agencies receiving funds under this part will
coordinate the use of such funds with programs assisted
under part A or title I;
[(4) provide assurances that such payments, with the
exception of payments reserved under section 7304(e),
will be distributed among local educational agencies
within that State on the basis of the number of
immigrant children and youth counted with respect to
each such local educational agency under section
7304(b)(1);
[(5) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this part
without first affording the local educational agency
submitting an application for such funds reasonable
notice and opportunity for a hearing;
[(6) provide for making such reports as the Secretary
may reasonably require to perform the Secretary's
functions under this part;
[(7) provide assurances--
[(A) that to the extent consistent with the
number of immigrant children and youth enrolled
in the nonpublic elementary or secondary
schools within the district served by a local
educational agency, such agency, after
consultation with appropriate officials of such
schools, shall provide for the benefit of such
children and youth secular, neutral, and
nonideological services, materials, and
equipment necessary for the education of such
children and youth;
[(B) that the control of funds provided under
this part to any materials, equipment, and
property repaired, remodeled, or constructed
with those funds shall be in a public agency
for the uses and purposes provided in this
part, and a public agency shall administer such
funds and property; and
[(C) that the provision of services pursuant
to this paragraph shall be provided by
employees of a public agency or through
contract by such public agency with a person,
association, agency, or corporation who or
which, in the provision of such services, is
independent of such nonpublic elementary or
secondary school and of any religious
organization, and such employment or contract
shall be under the control and supervision of
such public agency, and the funds provided
under this paragraph shall not be commingled
with State or local funds;
[(8) provide that funds reserved under subsection (e)
of section 7304 be awarded on a competitive basis based
on merit and need in accordance with such subsection;
and
[(9) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section 1120(b).
[(b) Application Review.--
[(1) In general.--The Secretary shall review all
applications submitted pursuant to this section by
State educational agencies.
[(2) Approval.--The Secretary shall approve any
application submitted by a State educational agency
that meets the requirements of this section.
[(3) Disapproval.--The Secretary shall disapprove any
application submitted by a State educational agency
which does not meet the requirements of this section,
but shall not finally disapprove an application except
after providing reasonable notice, technical
assistance, and an opportunity for a hearing to the
State.
[SEC. 7306. ADMINISTRATIVE PROVISIONS.
[(a) Notification of Amount.--The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 7305 of the
amount of such agency's allocation under section 7304 for the
succeeding year.
[(b) Services to Children Enrolled in Nonpublic Schools.--If
by reason of any provision of law a local educational agency is
prohibited from providing educational services for children
enrolled in elementary and secondary nonpublic schools, as
required by section 7305(a)(7), or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable
basis of children enrolled in such schools, the Secretary may
waive such requirement and shall arrange for the provision of
services, subject to the requirements of this part, to such
children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in
accordance with the provisions of title I.
[SEC. 7307. USES OF FUNDS.
[(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
[(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
[(2) salaries of personnel, including teacher aides
who have been specifically trained, or are being
trained, to provide services to immigrant children and
youth;
[(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
[(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program;
[(5) basic instructional services which are directly
attributable to the presence in the school district of
immigrant children, including the costs of providing
additional classroom supplies, overhead costs, costs of
construction, acquisition or rental of space, costs of
transportation, or such other costs as are directly
attributable to such additional basic instructional
services; and
[(6) such other activities, related to the purposes
of this part, as the Secretary may authorize.
[(b) Consortia.--A local educational agency that receives a
grant under this part may collaborate or form a consortium with
one or more local educational agencies, institutions of higher
education, and nonprofit organizations to carry out the program
described in an application approved under this part.
[(c) Subgrants.--A local educational agency that receives a
grant under this part may, with the approval of the Secretary,
make a subgrant to, or enter into a contract with, an
institution of higher education, a nonprofit organization, or a
consortium of such entities to carry out a program described in
an application approved under this part, including a program to
serve out-of-school youth.
[(d) Construction.--Nothing in this part shall be construed
to prohibit a local educational agency from serving immigrant
children simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
[SEC. 7308. REPORTS.
[(a) Biennial Report.--Each State educational agency
receiving funds under this part shall submit, once every two
years, a report to the Secretary concerning the expenditure of
funds by local educational agencies under this part. Each local
educational agency receiving funds under this part shall submit
to the State educational agency such information as may be
necessary for such report.
[(b) Report to Congress.--The Secretary shall submit, once
every two years, a report to the appropriate committees of the
Congress concerning programs assisted under this part in
accordance with section 14701.
[SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
[PART D--ADMINISTRATION
[SEC. 7401. RELEASE TIME.
[The Secretary shall allow professional development programs
funded under part A to use funds provided under part A for
professional release time to enable individuals to participate
in programs assisted under part A.
[SEC. 7402. EDUCATION TECHNOLOGY.
[Funds made available under part A may be used to provide for
the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and communications,
and incorporation of such resources in curricula and programs
such as those funded under this title.
[SEC. 7403. NOTIFICATION.
[The State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within
three working days of the date an award under part A is made to
an eligible entity within the State.
[SEC. 7404. CONTINUED ELIGIBILITY.
[Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title, the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants under this title.
[SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.
[(a) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited-English proficiency, the
Secretary shall coordinate and ensure close cooperation with
other programs serving language-minority and limited English
proficient students that are administered by the Department and
other agencies. The Secretary shall consult with the Secretary
of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General and the heads of
other relevant agencies to identify and eliminate barriers to
appropriate coordination of programs that affect language-
minority and limited English proficient students and their
families. The Secretary shall provide for continuing
consultation and collaboration, between the Office and relevant
programs operated by the Department, including programs under
title I and other programs under this Act, in planning,
contracts, providing joint technical assistance, providing
joint field monitoring activities and in other relevant
activities to ensure effective program coordination to provide
high quality education opportunities to all language-minority
and limited English proficient students.
[(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall include
the collection and reporting of data on limited English
proficient students.
[(c) Publication of Proposals.--The Secretary shall publish
and disseminate all requests for proposals for programs funded
under part A.
[(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 of the House of
Representatives a report on--
[(1) the activities carried out under this title and
the effectiveness of such activities in improving the
education provided to limited English proficient
children and youth;
[(2) a critical synthesis of data reported by the
States pursuant to section 7134;
[(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be
needed for the succeeding five fiscal years;
[(4) the major findings of research carried out under
this title; and
[(5) recommendations for further developing the
capacity of our Nation's schools to educate effectively
limited English proficient students.
[PART E--GENERAL PROVISIONS
[SEC. 7501. DEFINITIONS; REGULATIONS.
[Except as otherwise provided, for purposes of this title--
[(1) Bilingual education program.--The term
``bilingual education program'' means an educational
program for limited English proficient students that--
[(A) makes instructional use of both English
and a student's native language;
[(B) enables limited English proficient
students to achieve English proficiency and
academic mastery of subject matter content and
higher order skills, including critical
thinking, so as to meet age-appropriate grade-
promotion and graduation standards in concert
with the National Education Goals;
[(C) may also develop the native language
skills of limited English proficient students,
or ancestral languages of American Indians,
Alaska Natives, Native Hawaiians and native
residents of the outlying areas; and
[(D) may include the participation of
English-proficient students if such program is
designed to enable all enrolled students to
become proficient in English and a second
language.
[(2) Children and youth.--The term ``children and
youth'' means individuals aged 3 through 21.
[(3) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness or
Indian tribe or tribally sanctioned educational
authority which is representative of a community or
significant segments of a community and which provides
educational or related services to individuals in the
community. Such term includes Native Hawaiian
organizations including Native Hawaiian Educational
Organizations as such term is defined in section 4009
of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments
of 1988 (20 U.S.C. 4901 et seq.), as such Act was in
effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994.
[(4) Community college.--The term ``community
college'' means an institution of higher education as
defined in section 101 of the Higher Education Act of
1965 which provides not less than a two-year program
which is acceptable for full credit toward a bachelor's
degree, including institutions receiving assistance
under the Tribally Controlled Community College
Assistance Act of 1978.
[(5) Director.--The term ``Director'' means the
Director of the Office of Bilingual Education and
Minority Languages Affairs established under section
210 of the Department of Education Organization Act.
[(6) Family education program.--(A) The term ``family
education program'' means a bilingual education or
special alternative instructional program that--
[(i) is designed--
[(I) to help limited English
proficient adults and out-of-school
youths achieve proficiency in the
English language; and
[(II) to provide instruction on how
parents and family members can
facilitate the educational achievement
of their children;
[(ii) when feasible, uses instructional
programs such as the models developed under the
Even Start Family Literacy Programs, which
promote adult literacy and train parents to
support the educational growth of their
children and the Parents as Teachers Program
and the Home Instruction Program for Preschool
Youngsters; and
[(iii) gives preference to participation by
parents and immediate family members of
children attending school.
[(B) Such term may include programs that provide
instruction to facilitate higher education and
employment outcomes.
[(7) Immigrant children and youth.--The term
``immigrant children and youth'' means individuals
who--
[(A) are aged 3 through 21;
[(B) were not born in any State; and
[(C) have not been attending one or more
schools in any one or more States for more than
three full academic years.
[(8) Limited english proficiency and limited english
proficient.--The terms ``limited English proficiency''
and ``limited English proficient'', when used with
reference to an individual, mean an individual--
[(A) who--
[(i) was not born in the United
States or whose native language is a
language other than English and comes
from an environment where a language
other than English is dominant; or
[(ii) is a Native American or Alaska
Native or who is a native resident of
the outlying areas and comes from an
environment where a language other than
English has had a significant impact on
such individual's level of English
language proficiency; or
[(iii) is migratory and whose native
language is other than English and
comes from an environment where a
language other than English is
dominant; and
[(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language and whose difficulties may deny such
individual the opportunity to learn
successfully in classrooms where the language
of instruction is English or to participate
fully in our society.
[(9) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' shall have the same meaning given such terms
in section 103 of the Native American Languages Act of
1990.
[(10) Native hawaiian or native american pacific
islander native language educational organization.--The
term ``Native Hawaiian or Native American Pacific
Islander native language educational organization''
means a nonprofit organization with a majority of its
governing board and employees consisting of fluent
speakers of the traditional Native American languages
used in their educational programs and with not less
than five years successful experience in providing
educational services in traditional Native American
languages.
[(11) Native language.--The term ``native language'',
when used with reference to an individual of limited-
English proficiency, means the language normally used
by such individual, or in the case of a child or youth,
the language normally used by the parents of the child
or youth.
[(12) Office.--The term ``Office'' means the Office
of Bilingual Education and Minority Languages Affairs.
[(13) Other programs for persons of limited-english
proficiency.--The term ``other programs for persons of
limited-English proficiency'' means any programs
administered by the Secretary that serve persons of
limited-English proficiency.
[(14) Paraprofessional.--The term
``paraprofessional'' means an individual who is
employed in preschool, elementary or secondary school
under the supervision of a certified or licensed
teacher, including individuals employed in bilingual
education, special education and migrant education.
[(15) Special alternative instructional program.--The
term ``special alternative instructional program''
means an educational program for limited English
proficient students that--
[(A) utilizes specially designed English
language curricula and services but does not
use the student's native language for
instructional purposes;
[(B) enables limited English proficient
students to achieve English proficiency and
academic mastery of subject matter content and
higher order skills, including critical
thinking so as to meet age-appropriate grade-
promotion and graduation standards in concert
with the National Education Goals; and
[(C) is particularly appropriate for schools
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 and where there is a critical
shortage of bilingual education teachers.
[SEC. 7502. REGULATIONS AND NOTIFICATION.
[(a) Regulation Rule.--In developing regulations under this
title, the Secretary shall consult with State and local
educational agencies, organizations representing limited
English proficient individuals, and organizations representing
teachers and other personnel involved in bilingual education.
[(b) Parental Notification.--
[(1) In general.--Parents of children and youth
participating in programs assisted under part A shall
be informed of--
[(A) a student's level of English
proficiency, how such level was assessed, the
status of a student's academic achievement and
the implications of a student's educational
strengths and needs for age and grade
appropriate academic attainment, promotion, and
graduation;
[(B) what programs are available to meet the
student's educational strengths and needs and
how the programs differ in content and
instructional goals, and in the case of a
student with a disability, how the program
meets the objectives of a student's
individualized education program; and
[(C) the instructional goals of the bilingual
education or special alternative instructional
program, and how the program will specifically
help the limited English proficient student
acquire English and meet age-appropriate
standards for grade-promotion and graduation,
including--
[(i) the benefits, nature, and past
academic results of the bilingual
educational program and of the
instructional alternatives; and
[(ii) the reasons for the selection
of their child as being in need of
bilingual education.
[(2) Option to decline.--(A) Such parents shall also
be informed that such parents have the option of
declining enrollment of their children and youth in
such programs and shall be given an opportunity to so
decline if such parents so choose.
[(B) A local educational agency shall not be relieved
of any of its obligations under title VI of the Civil
Rights Act of 1964 because parents choose not to enroll
their children in bilingual education programs.
[(3) Receipt of information.--Such parents shall
receive, in a manner and form understandable to such
parents, including, if necessary and to the extent
feasible, in the native language of such parents, the
information required by this subsection. At a minimum,
such parents shall receive--
[(A) timely information about projects funded
under part A; and
[(B) if the parents of participating children
so desire, notice of opportunities for regular
meetings for the purpose of formulating and
responding to recommendations from such
parents.
[(4) Special rule.--Students shall not be admitted to
or excluded from any federally assisted education
program merely on the basis of a surname or language-
minority status.]
TITLE VII--FLEXIBILITY AND ACCOUNTABILITY
PART A--STATE ACCOUNTABILITY FOR IMPROVING ACADEMIC ACHIEVEMENT
SEC. 7101. STATE FINANCIAL AWARDS.
(a) In General.--Beginning in the 2002-2003 school year, the
Secretary shall make in accordance with this section financial
awards, to be known as ``Achievement in Education Awards'', to
States that have made significant progress in improving
educational achievement.
(b) Criteria of Progress.--For the purposes of subsection
(a), the Secretary shall judge progress using each of the
following criteria, giving the greatest weight to the criterion
described in paragraph (1):
(1) The progress of the State's students from
economically disadvantaged families and students from
racial and ethnic minority groups--
(A) on the assessments administered by the
State under section 1111; and
(B) beginning in the 2003-2004 school year,
on assessments of 4th and 8th grade reading and
mathematics under--
(i) the State assessments carried out
as part of the National Assessment of
Educational Progress under section 411
of the National Education Statistics
Act of 1994 (20 U.S.C. 9010); or
(ii) an assessment selected by the
State that--
(I) is administered annually;
(II) yields high quality data
that are valid and reliable;
(III) meets widely recognized
professional and technical
standards, including specific
and rigorous test security
procedures;
(IV) is developed by an
entity independent from each
State and local government
agency in the State in a manner
that protects against any
conflict of interest ;
(V) has no test questions
that are identical to the test
questions used by the
assessment used to meet the
State assessment requirements
under section 1111;
(VI) provides results in such
a form that they may be
expressed in terms of
achievement levels that are
consistent with the achievement
levels (basic, proficient, and
advanced) set forth in section
1111;
(VII) provides results in
such a form that they may be
disaggregated, at a minimum,
according to income level and
major racial and ethnic group;
and
(VIII) is administered to all
students or to a representative
sample of students in the 4th
and 8th grades statewide, with
a sample size that is
sufficiently large to produce
statistically significant
estimates of statewide student
achievement.
(2) The overall improvement in the achievement of all
of the State's students, as measured by--
(A) the assessments administered by the State
under section 1111; and
(B) beginning in the 2003-2004 school year,
the assessments described in paragraph (1)(B).
(3) The progress of the State in improving the
English proficiency of students who enter school with
limited English proficiency.
(c) Other Considerations.--In judging a State's progress
under subsection (a), the Secretary may also consider--
(1) the progress of the State in increasing the
percentage of students who graduate from secondary
schools; and
(2) the progress of the State in increasing the
percentage of students who take advanced coursework
(such as Advanced Placement or International
Baccalaureate courses) and who pass the exams
associated with such coursework.
(d) Amount.--The Secretary shall determine the amount of an
award under subsection (a) based on--
(1) the school-age population of the State; and
(2) the degree of progress shown by a State with
respect to the criteria set forth in subsections (b)
and (c).
(e) Use of Funds.--
(1) In general.--A State receiving a financial award
under this section shall use the proceeds of such award
only to make financial awards to public elementary and
secondary schools in the State that have made the most
significant progress with respect to the criteria
described in subsection (b).
(2) Use by schools.--In consultation with the
school's teachers, the principal of each elementary or
secondary school that receives a financial award from a
State under this section shall use the proceeds of such
award at the school for any educational purpose
permitted under State law.
(3) Responsible state agency.--The State educational
agency for each State shall be the agency responsible
for making awards under this subsection.
(f) Peer Review.--In selecting States for awards under
subsection (a), the Secretary shall use a peer-review process.
(g) Costs of Independent Assessments.--
(1) In general.--Subject to paragraph (2), the
Secretary shall make grants to States to offset the
costs of administering assessments administered by the
States to meet the requirements of (b)(1)(B)(ii).
(2) Limitations.--Grants made by the Secretary in any
year to a State under paragraph (1)--
(A) may be awarded only to offset the costs
of a single administration of an assessment
described in such paragraph in the State for
that year; and
(B) may not exceed the costs of administering
in the State for that year the State
assessments that would be carried out under the
National Assessment of Educational Progress
described in subsection (b)(1)(B).
(3) Allocation.--The Secretary may determine the
appropriate methodology of allocating grants to States
under this subsection.
SEC. 7102. STATE SANCTIONS.
(a) Failure to Make Progress.--
(1) Loss of administrative funds.--The Secretary
shall reduce, by 30 percent, the amount of funding that
a State may reserve for State administration under the
State formula grant programs authorized by this Act if
the Secretary determines that, for 2 consecutive
years--
(A) the State's students from economically
disadvantaged families and students from racial
and ethnic minority groups failed to make
adequate yearly progress on the assessments
administered by the State under section 1111;
and
(B) the State's students from economically
disadvantaged families and students from racial
and ethnic minority groups failed to make
measurable progress in reading and mathematics,
as measured by the 4th and 8th grade
assessments described in subsection (b)(1)(B).
(2) Further reductions.--In each of the first 2 years after
the years described in paragraph (1), the Secretary may
increase the reduction described in such paragraph by any
amount not more than a total of an additional 45 percent.
(b) Other Failures.--In addition to any action taken under
subsection (a)(1) or (a)(2), the Secretary shall reduce, by 20
percent, the amount of funding that a State may reserve for
State administration under the State formula grant programs
authorized by this Act if the Secretary determines that, for 2
consecutive years, the State failed to make adequate yearly
progress--
(1) with respect to the achievement of children with
limited English proficiency under section
1111(b)(2)(C)(iv)(II)(dd); or
(2) with respect to the acquisition of English
language proficiency by children with limited English
proficiency under section 1111(b)(2)(C)(iv)(III).
(c) Use of Funds for Improvement.--
(1) In general.--The Secretary shall require that any
funds reduced under this section be allocated by the
State to local educational agencies in the State for
school improvement purposes described in section 1116.
(2) Treatment of funds.--Funds described in paragraph
(1) shall not count toward the amounts that are
required to be reserved by a State for school
improvement under section 1003.
SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND ASSESSMENTS.
(a) In General.--The Secretary shall make financial awards to
States to enable the States--
(1) to pay the costs of the development of the
additional State assessments and standards required by
section 1111(b), including the costs of working in
voluntary partnerships with other States, at the sole
discretion of each such State, in developing such
assessments and standards if a State chooses to do so;
and
(2) if a State has developed the assessments and
standards referred to in paragraph (1), to administer
such assessments or to carry out other activities
described in this title and other activities related to
ensuring accountability for results in the State's
schools and local educational agencies, such as--
(A) developing academic content and
achievement standards and aligned assessments
in other subjects not required by Section 1111;
(B) developing assessments of English
language proficiency necessary to comply with
section 1111(b)(7);
(C) assuring the continued validity and
reliability of State assessments;
(D) refining State assessments to ensure
their continued alignment with the State's
academic content standards and to improve the
alignment of curricula and instruction
materials;
(E) providing for multiple measures to
increase the reliability and validity of
student and school classifications;
(F) strengthening the capacity of local
educational agencies and schools to provide all
students the opportunity to increase
educational achievement;
(G) expanding the range of accommodations
available to students with limited English
proficiency and students with disabilities to
improve the rates of inclusion of such
students; and
(H) improving the dissemination of
information on student achievement and school
performance to parents and the community.
(b) Bonuses.--The Secretary shall make a one-time bonus
payment to each State that completes the development of the
assessments described in subsection (a) ahead of the deadline
set forth in section 1111.
SEC. 7104. FUNDING.
(a) Authorization of appropriations.--
(1) Awards and bonus payments.--For the purposes of
making awards under section 7101 and bonus payments
under section 7103(b), there are authorized to be
appropriated $40,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.
(2) Grants for independent assessments;
administration of state assessments under naep.--For
the purposes of making grants to offset the costs of
independent assessments under section 7101(g) and for
the purposes of administering the State assessments
carried out under the National Assessment of
Educational Progress referred to in section
7101(b)(1)(B)(i), there are authorized to be
appropriated to the Secretary $69,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
fiscal years 2003 through 2006.
(3) Development and administration of state standards
and assessments.--For the purposes of carrying out
subsection 7103(a), there are authorized to be
appropriated $400,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the fiscal years
2003 through 2005.
(b) Allocation of Appropriated Funds.--From each of the
amounts appropriated under subsection (a), the Secretary shall
allocate to the States--
(1) 50 percent based on the relative number of
children aged 5 to 17 in each State; and
(2) 50 percent allocated equally among the States.
PART B--FUNDING FLEXIBILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES
SEC. 7201. SHORT TITLE.
This part may be cited as the ``State and Local
Transferability Act''.
SEC. 7202. PURPOSE.
The purpose of this part is to allow States and local
educational agencies the flexibility--
(1) to target Federal funds to Federal programs that
most effectively address the unique needs of States and
localities; and
(2) to transfer Federal funds allocated to other
activities to allocations for activities authorized
under title I programs.
SEC. 7203. TRANSFERABILITY OF FUNDS.
(a) Transfers by States.--
(1) In general.--In accordance with this part, a
State may transfer up 50 percent of the
nonadministrative State funds allocated to the State
for use for State-level activities under each of the
following provisions to 1 or more of the State's
allocations under any other of such provisions:
(A) Part A of Title II.
(B) Subpart 1 of part A of title IV.
(C) Part A or B of title V.
(2) Supplemental funds for title I.--In accordance
with this part, a State may transfer any funds
allocated to the State under a provision listed in
paragraph (1) to its allocation under title I.
(b) Transfers by Local Educational Agencies.--
(1) Authority to transfer funds.--
(A) In general.--In accordance with this
part, a local educational agency (except a
local educational agency identified for
improvement under section 1116(c)(2) or subject
to corrective action under section 1116(c)(9))
may transfer not more than 50 percent of the
funds allocated to it under each of the
provisions listed in paragraph (2) for a fiscal
year to 1 or more of its allocations for such
fiscal year under any other provision listed in
paragraph (2).
(B) Agencies identified for improvement.--A
local educational agency identified for
improvement under section 1116(c)(2) may
transfer in accordance with this part not more
than 30 percent of the funds allocated to it
under each of the provisions listed in
paragraph (2)--
(i) to its allocation for school
improvement under section 1003;
(ii) to any other allocation if such
transferred funds are used only for
local educational agency improvement
activities consistent with section
1116(d).
(C) Supplemental funds for title I.--In
accordance with this part, a local educational
agency may transfer funds allocated to such
agency under a provision listed in paragraph
(2) to its allocation under title I.
(2) Applicable provisions.--A local educational
agency may transfer funds under subparagraph (A) or (B)
from allocations made under each of the following
provisions:
(A) Title II.
(B) Subpart 1 of Part A of title IV.
(C) Part A of title V or section 5212(2)(A).
(c) No Transfer of Title I Funds.--A State or a local
educational agency may not transfer under this part to any
other program any funds allocated to it under title I.
(d) Modification of plans and applications; notification.--
(1) State transfers.--Each State that makes a
transfer of funds under this section shall--
(A) modify to account for such transfer each
State plan, or application submitted by the
State, to which such funds relate;
(B) not later than 30 days after the date of
such transfer, submit a copy of such modified
plan or application to the Secretary; and
(C) not later than 30 days before the
effective date of such transfer, notify the
Secretary of such transfer.
(2) Local transfers.--Each local educational agency
that makes a transfer under this section shall--
(A) modify to account for such transfer each
local plan, or application submitted by the
agency, to which such funds relate;
(B) not later than 30 days after the date of
such transfer, submit a copy of such modified
plan or application to the State; and
(C) not later than 30 days before the
effective date of such transfer, notify the
State of such transfer.
(e) Applicable rules.--
(1) In general.--Except as otherwise provided in this
part, funds transferred under this section are subject
to each of the rules and requirements applicable to the
funds allocated by the Secretary under the provision to
which the transferred funds are transferred.
(2) Consultation.--Each State educational agency or
local educational agency that transfers funds under
this section shall conduct consultations in accordance
with section 8503(c), if such transfer transfers funds
from a program that provides for the participation of
students, teachers, or other educational personnel,
from private schools.
TITLE VIII--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 8101. DEFINITIONS.
Except as otherwise provided, for the purposes of this Act,
the following terms have the following meanings:
(1) Average daily attendance--
(A) Except as provided otherwise by State law
or this paragraph, the term ``average daily
attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during such school year.
(B) The Secretary shall permit the conversion
of average daily membership (or other similar
data) to average daily attendance for local
educational agencies in States that provide
State aid to local educational agencies on the
basis of average daily membership or such other
data.
(C) If the local educational agency in which
a child resides makes a tuition or other
payment for the free public education of the
child in a school located in another school
district, the Secretary shall, for purposes of
this Act--
(i) consider the child to be in
attendance at a school of the agency
making such payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving such payment.
(D) If a local educational agency makes a
tuition payment to a private school or to a
public school of another local educational
agency for a child with disabilities, as
defined in paragraph (5), the Secretary shall,
for the purposes of this Act, consider such
child to be in attendance at a school of the
agency making such payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such
preceding year.
(3) Beginning teacher.--The term ``beginning
teacher'' means an educator in a public school who has
been teaching less than a total of 3 complete school
years.
(4) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(5) Child with disability.--The term ``child with a
disability'' means a child--
(A) with mental retardation, hearing
impairments (including deafness), speech or
language impairments, visual impairments
(including blindness), serious emotional
disturbance (hereinafter referred to as
``emotional disturbance''), orthopedic
impairments, autism, traumatic brain injury,
other health impairments, or specific learning
disabilities; and
(B) who, by reason thereof, needs special
education and related services.
(6) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(7) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 14305.
(8) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 14305.
(9) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 14302.
(10) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 14302.
(11) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
(12) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) part B of title I;
(C) part C of title I;
(D) part D of title I;
(E) part F of title I;
(F) part G of title I;
(G) part A of title II;
(H) part A of title III;
(I) part A of title V;
(J) part B of title V; and
(K) part A of title IV:
(13) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
(A) including expenditures for
administration, instruction, attendance, pupil
transportation services, operation and
maintenance of plant, fixed charges, and net
expenditures to cover deficits for food
services and student body activities; but
(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and part A of title IV.
(14) Department.--The term ``Department'' means the
Department of Education.
(15) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
(16) Effective schools program.--The term ``effective
schools program'' means a school-based program that may
encompass preschool through secondary school levels and
that has the objectives of--
(A) promoting school-level planning,
instructional improvement, and staff
development;
(B) increasing the academic achievement
levels of all children and particularly
educationally disadvantaged children; and
(C) achieving as ongoing conditions in the
school the following factors identified through
scientifically based research as distinguishing
effective from ineffective schools:
(i) Strong and effective
administrative and instructional
leadership that creates consensus on
instructional goals and organizational
capacity for instructional problem
solving.
(ii) Emphasis on the acquisition of
basic and advanced academic skills.
(iii) A safe and orderly school
environment that allows teachers and
pupils to focus their energies on
academic achievement.
(iv) Continuous review of students
and programs to evaluate the effects of
instruction.
(17) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
(18) Essential components of reading instruction.--
The term ``essential components of reading
instruction'' means explicit and systematic instruction
in--
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) reading fluency; and
(E) reading comprehension strategies.
(19) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
(A) Interactive literacy activities between
parents and their children.
(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
(C) Parent literacy training that leads to
economic self-sufficiency.
(D) An age-appropriate education to prepare
children for success in school and life
experiences.
(20) Free public education.--The term ``free public
education'' means education that is provided--
(A) at public expense, under public
supervision and direction, and without tuition
charge; and
(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
(21) Fully qualified.--The term ``fully qualified''--
(A) when used with respect to a public
elementary or secondary school teacher means
that the teacher has obtained State
certification as a teacher (including
certification obtained through alternative
routes to certification) or passed the State
teacher licensing exam and holds a license to
teach in such State, except that when used with
respect to any teacher teaching in a public
charter school, means that the teacher meets
the requirements set forth in the State's
public charter school law; and
(B) when used with respect to--
(i) an elementary school teacher,
means that the teacher holds a
bachelor's degree and demonstrates
knowledge and teaching skills in
reading, writing, mathematics, science,
and other areas of the elementary
school curriculum; and
(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor's degree and demonstrates a
high level of competency in all subject
areas in which he or she teaches
through--
(I) a passing level of
performance on a rigorous State
or local academic subject areas
test; or
(II) completion of an
academic major in each of the
subject areas in which he or
she provides instruction.
(22) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
(23) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education
Act of 1965.
(24) Limited english proficient student.--The term
``limited English proficient student'' means an
individual aged 5 through 17 enrolled in an elementary
school or secondary school--
(A) who--
(i) was not born in the United States
or whose native language is a language
other than English;
(ii)(I) is a Native American or
Alaska Native, or a native resident of
the outlying areas; and
(II) comes from an environment where
a language other than English has had a
significant impact on such individual's
level of English language proficiency;
or
(iii) is migratory, whose native
language is a language other than
English, and who comes from an
environment where a language other than
English is dominant; and
(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny the
individual--
(i) the ability to meet the State's
proficient level of performance on
State assessments described in section
1111(b)(4) in core academic subjects;
or
(ii) the opportunity to participate
fully in society.
(25) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education
or other public authority legally constituted within a
State for either administrative control or direction
of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public
elementary or secondary schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
(C) The term includes an elementary or secondary
school funded by the Bureau of Indian Affairs but only
to the extent that such inclusion makes such school
eligible for programs for which specific eligibility is
not provided to such school in another provision of law
and such school does not have a student population that
is smaller than the student population of the local
educational agency receiving assistance under this Act
with the smallest student population, except that such
school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of
Indian Affairs.
(D) The term includes educational service agencies
and consortia of such agencies.
(26) Mentoring.--The term ``mentoring'' means a
program in which an adult works with a child or youth
on a 1-to-1 basis, establishing a supportive
relationship, providing academic assistance, and
introducing the child or youth to new experiences that
enhance the child or youth's ability to excel in school
and become a responsible citizen.
(27) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' shall have the same meaning given such terms
in section 103 of the Native American Languages Act of
1990.
(28) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
(29) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
and through fiscal year 2003 and for the purpose of any
discretionary grant program, includes the freely
associated states of the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(30) Parent.--The term ``parent'' includes a legal
guardian, or other person standing in loco parentis
(such as a grandparent or stepparent with whom the
child lives, or a person who is legally responsible for
the child's welfare).
(31) Pupil services personnel; pupil services.--(A)
The term ``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services (including related services as such
term is defined in section 602(22) of the Individuals
with Disabilities Education Act) as part of a
comprehensive program to meet student needs.
(B) The term ``pupil services'' means the services
provided by pupil services personnel.
(32) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
(A) Skills and knowledge to understand how
phonemes, or speech sounds are connected in
print.
(B) Ability to decode unfamiliar words.
(C) Ability to read fluently.
(D) Sufficient background information and
vocabulary to foster reading comprehensions.
(E) Development of appropriate active
strategies to construct meaning from print.
(F) Development and maintenance of a
motivation to read.
(33) Rigorous diagnostic reading and screening
assessment tools.--The term ``rigorous diagnostic
reading and screening assessment tools'' means a
diagnostic reading assessment that--
(A) is valid, reliable, and grounded on
scientifically based reading research;
(B) measures progress in developing phonemic
awareness and phonics skills, vocabulary,
reading fluency, and reading comprehension;
(C) identifies students who may be at risk
for reading failure or who are having
difficulty reading; and
(D) are used to improve instruction.
(34) Scientifically based research.--The term
``scientifically based research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to education
activities and programs; and
(B) shall include research that--
(i) employs systematic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations;
(iv) is evaluated using randomized
experiments in which individuals,
entities, programs, or activities are
randomly assigned to different
variations (including a control
condition) to compare the relative
effects of the variations; and
(v) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
(35) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
State law, except that such term does not include any
education beyond grade 12.
(36) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(37) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(38) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary and secondary schools.
(39) Technology.--The term ``technology'' means the
latest state-of-the-art technology products and
services.
SEC. 8102. APPLICABILITY OF TITLE.
Parts B, C, D, and E of this title do not apply to title VI
of this Act.
SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.
For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian Affairs,
a school operated under a contract or grant with the Bureau of
Indian Affairs in consortia with another contract or grant
school or tribal or community organization, or a Bureau of
Indian Affairs school in consortia with an institution of
higher education, a contract or grant school and tribal or
community organization shall be given the same consideration as
a local educational agency.
PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
such agency for State administration under one or more
of the programs under paragraph (2) if such State
educational agency can demonstrate that the majority of
such agency's resources are derived from non-Federal
sources.
(2) Applicability.--This section applies to any
program under this Act under which funds are authorized
to be used for administration, and such other programs
as the Secretary may designate.
(b) Use of funds.--
(1) In general.--A State educational agency shall use
the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under programs
included in the consolidation under subsection (a),
such as--
(A) the coordination of such programs with
other Federal and non-Federal programs;
(B) the establishment and operation of peer-
review mechanisms under this Act;
(C) the administration of this title;
(D) the dissemination of information
regarding model programs and practices;
(E) technical assistance under any program
under this Act;
(F) State level activities designed to carry
out this title;
(G) training personnel engaged in audit and
other monitoring activities; and
(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the
Department of Education.
(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of such administration.
(e) Unused administrative funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
SEC. 8202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
(a) General Authority.--In accordance with regulations of the
Secretary and for any fiscal year, a local educational agency,
with the approval of its State educational agency, may
consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each such program, of the total available for
the local educational agency under such programs.
(b) State Procedures.--Within one-year from the date of
enactment of the No Child Left Behind Act of 2001, a State
educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under such
programs that may be used for administration on a consolidated
basis.
(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year
shall not use any other funds under the programs included in
the consolidation for administration for that fiscal year.
(d) Uses of Administrative Funds.--A local educational agency
that consolidates administrative funds under this section may
use such consolidated funds for the administration of such
programs and for uses, at the school district and school
levels, comparable to those described in section 8201(b)(2).
(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of such programs included
in the consolidation.
SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
(a) General Authority.--
(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under subpart 1 of part B of title III, and the
education for homeless children and youth program under
subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act, the amounts allotted to the
Department of the Interior under those programs.
(2) Agreement.--(A) The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
(B) The agreement shall--
(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred and the performance measures to
assess program effectiveness, including
measurable goals and objectives; and
(ii) be developed in consultation with Indian
tribes.
(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for such department's costs related to the
administration of the funds transferred under this section.
PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 8301. PURPOSE.
The purposes of this part are to improve teaching and
learning through greater coordination between programs and to
provide greater flexibility to State and local authorities by
allowing the consolidation of State and local plans,
applications, and reporting.
SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Simplification.--In order to simplify application
requirements and reduce the burden for States under
this Act, the Secretary, in accordance with subsection
(b), shall establish procedures and criteria under
which a State educational agency, in consultation with
the State's Governor, may submit a consolidated State
plan or a consolidated State application meeting the
requirements of this section for--
(A) any programs under this Act in which the
State participates; and
(B) such other programs as the Secretary may
designate.
(2) Consolidated applications and plans.--A State
educational agency, in consultation with the State's
Governor, that submits a consolidated State plan or a
consolidated State application under this section shall
not be required to submit a separate State plan or
application for a program included in the consolidated
State plan or application.
(b) Collaboration.--
(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with Governors, State educational agencies
and, as appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall
establish, for each program under the Act to which this
section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the
consideration of the consolidated State plan or
consolidated State application.
SEC. 8303. CONSOLIDATED REPORTING.
In order to simplify reporting requirements and reduce
reporting burdens, the Secretary shall establish procedures and
criteria under which a State educational agency, in
consultation with the State's Governor, may submit a
consolidated State annual report. Such report shall contain
information about the programs included in the report,
including the State's performance under those programs, and
other matters as the Secretary determines, such as monitoring
activities. Such a report shall take the place of separate
individual annual reports for the programs subject to it.
SEC. 8304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
(a) Assurances.--A State educational agency, in consultation
with the State's Governor, that submits a consolidated State
plan or consolidated State application under this Act, whether
separately or under section 8302, shall have on file with the
Secretary a single set of assurances, applicable to each
program for which such plan or application is submitted, that
provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, in a nonprofit
private agency, institution, or organization, or in an
Indian tribe if the law authorizing the program
provides for assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing law;
(3) the State will adopt and use proper methods of
administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of such programs;
(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
(6) the State will--
(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
(7) before the plan or application was submitted to
the Secretary, the State has afforded a reasonable
opportunity for public comment on the plan or
application and has considered such comment.
(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--A local educational agency receiving
funds under more than one program under this Act may submit
plans or applications to the Governor and State educational
agency under such programs on a consolidated basis.
(b) Required Consolidated Plans or Applications.--A State
that has an approved consolidated State plan or application
under section 8302 may require local educational agencies in
the State receiving funds under more than one program included
in the consolidated State plan or consolidated State
application to submit consolidated local plans or applications
under such programs, but may not require such agencies to
submit separate plans.
(c) Collaboration.--A Governor and State educational agency
shall collaborate with local educational agencies in the State
in establishing procedures for the submission of the
consolidated State plans or consolidated State applications
under this section.
(d) Necessary Materials.--The State shall require only
descriptions, information, assurances, and other material that
are absolutely necessary for the consideration of the local
educational agency plan or application.
SEC. 8306. OTHER GENERAL ASSURANCES.
(a) Assurances.--Any applicant other than a State that
submits a plan or application under this Act, shall have on
file with the State a single set of assurances, applicable to
each program for which a plan or application is submitted, that
provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing statutes;
(3) the applicant will adopt and use proper methods
of administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary or other
Federal officials;
(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to such applicant under each such program;
(6) the applicant will--
(A) make reports to the Governor and State
educational agency and the Secretary as may be
necessary to enable such agency and the
Secretary to perform their duties under each
such program; and
(B) maintain such records, provide such
information, and afford access to the records
as the Governor and State educational agency or
the Secretary may find necessary to carry out
the State's or the Secretary's duties; and
(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and has considered such
comment.
(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
PART D--WAIVERS
SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act or the Carl D. Perkins Vocational and Technical
Education Act of 1998 for a State educational agency, local
educational agency, Indian tribe, or school through a local
educational agency, that--
(1) receives funds under a program authorized by this
Act; and
(2) requests a waiver under subsection (b).
(b) Request for Waiver.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a
waiver shall submit a waiver application to the
Secretary that--
(A) indicates each Federal program affected
and each statutory or regulatory requirement
requested to be waived;
(B) describes the purpose and overall
expected results of waiving each such
requirement;
(C) describes, for each school year,
specific, measurable, educational goals for the
State educational agency and for each local
educational agency, Indian tribe, or school
that would be affected by the waiver; and
(D) explains why the waiver will assist the
State educational agency and each affected
local educational agency, Indian tribe, or
school in reaching such goals.
(2) Additional information.--Such requests--
(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
(B) shall be developed and submitted--
(i)(I) by local educational agencies
(on behalf of such agencies and
schools) to State educational agencies;
and
(II) by State educational agencies
(on behalf of, and based upon the
requests of, local educational
agencies) to the Secretary; or
(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the
Secretary.
(3) General requirements.--
(A) In the case of a waiver request submitted
by a State educational agency acting in its own
behalf, the State educational agency shall--
(i) provide all interested local
educational agencies in the State with
notice and a reasonable opportunity to
comment on the request;
(ii) submit the comments to the
Secretary; and
(iii) provide notice and information
to the public regarding the waiver
request in the manner that the applying
agency customarily provides similar
notices and information to the public.
(B) In the case of a waiver request submitted
by a local educational agency that receives
funds under this Act--
(i) such request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
such State educational agency; and
(ii) notice and information regarding
the waiver request shall be provided to
the public by the agency requesting the
waiver in the manner that such agency
customarily provides similar notices
and information to the public.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
(5) equitable participation of private school
students and teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school under part B
of title IV; or
(9) the prohibitions regarding--
(A) State aid in section 8502;
(B) use of funds for religious worship or
instruction in section 8507; and
(C) activities in section 8513.
(d) Duration and Extension of Waiver.--
(1) In general.--Except as provided in paragraph (2),
the duration of a waiver approved by the Secretary
under this section may be for a period not to exceed 5
years.
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
(A) the waiver has been effective in enabling
the State or affected recipients to carry out
the activities for which the waiver was
requested and the waiver has contributed to
improved student performance; and
(B) such extension is in the public interest.
(e) Reports.--
(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end
of the second year for which a waiver is received under
this section, and each subsequent year, submit a report
to the State educational agency that--
(A) describes the uses of such waiver by such
agency or by schools;
(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
(C) evaluates the progress of such agency and
of schools in improving the quality of
instruction or the academic performance of
students.
(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on such reports and contains such information as the
Secretary may require.
(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
(A) describes the uses of such waiver by
schools operated by such tribe; and
(B) evaluates the progress of such schools in
improving the quality of instruction or the
academic performance of students.
(4) Report to congress.--Beginning in fiscal year
2002 and each subsequent year, the Secretary shall
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate a
report--
(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
(B) describing whether such waivers--
(i) increased the quality of
instruction to students; or
(ii) improved the academic
performance of students.
(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver or if the
waiver is no longer necessary to achieve its original purposes.
(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
PART E--UNIFORM PROVISIONS
SEC. 8501. MAINTENANCE OF EFFORT.
(a) In General.--A local educational agency may receive funds
under a covered program for any fiscal year only if the State
educational agency finds that either the combined fiscal effort
per student or the aggregate expenditures of such agency and
the State with respect to the provision of free public
education by such agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second preceding fiscal year.
(b) Reduction in Case of Failure To Meet.--
(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion to which a local educational agency fails to
meet the requirement of subsection (a) of this section
by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using
the measure most favorable to such local agency).
(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) of this section for subsequent years.
(c) Waiver.--The Secretary may waive the requirements of this
section if the Secretary determines that such a waiver would be
equitable due to--
(1) exceptional or uncontrollable circumstances such
as a natural disaster; or
(2) a precipitous decline in the financial resources
of the local educational agency.
SEC. 8502. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this
Act (other than under title VI) in determining the eligibility
of any local educational agency in such State for State aid, or
the amount of State aid, with respect to free public education
of children.
SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) Private School Participation.--
(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of
eligible children in areas served by a State
educational agency, local educational agency,
educational service agency, consortium of such
agencies, or another entity receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary and secondary
schools in areas served by such agency, consortium or
entity, such agency, consortium or entity shall, after
timely and meaningful consultation with appropriate
private school officials, provide such children and
their teachers or other educational personnel, on an
equitable basis, special educational services or other
benefits that address their needs under such program.
(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
(3) Special rule.--Educational services and other
benefits provided under this section for such private
school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children,
teachers, and other educational personnel participating
in such program and shall be provided in a timely
manner.
(4) Expenditures.--Expenditures for educational
services and other benefits provided under this section
to eligible private school children, their teachers,
and other educational personnel serving such children
shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
(5) Provision of services.--Such agency, consortium
or entity described in subsection (a)(1) of this
section may provide such services directly or through
contracts with public and private agencies,
organizations, and institutions.
(b) Applicability.--
(1) In general.--This section applies to programs
under--
(A) part B, subpart 1 of title I;
(B) part C of title I;
(C) part A of title II;
(D) part A of title III.
(E) part A of title V; and
(F) part B of title V;
(2) Definition.--For the purposes of this section,
the term ``eligible children'' means children eligible
for services under a program described in paragraph
(1).
(c) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of such agencies or entity shall consult
with appropriate private school officials during the
design and development of the programs under this Act,
on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be assessed and how
the results of the assessment will be used to
improve such services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel and the amount of funds
available for such services; and
(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third party providers.
(2) Disagreement.--If the agency, consortium or
entity disagrees with the views of the private school
officials on the provision of services through a
contract, the agency, consortium, or entity shall
provide in writing to such private school officials an
analysis of the reasons why the local educational
agency has chosen not to use a contractor.
(3) Timing.--Such consultation shall occur before the
agency, consortium, or entity makes any decision that
affects the opportunities of eligible private school
children, teachers, and other educational personnel to
participate in programs under this Act, and shall
continue throughout the implementation and assessment
of activities under this section.
(4) Discussion required.--Such consultation shall
include a discussion of service delivery mechanisms
that the agency, consortium, or entity could use to
provide equitable services to eligible private school
children, teachers, administrators, and other staff.
(d) Public Control of Funds.--
(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with such funds,
shall be in a public agency for the uses and purposes
provided in this Act, and a public agency shall
administer such funds and property.
(2) Provision of services.--
(A) The provision of services under this
section shall be provided--
(i) by employees of a public agency;
or
(ii) through contract by such public
agency with an individual, association,
agency, organization, or other entity.
(B) In the provision of such services, such
employee, person, association, agency,
organization or other entity shall be
independent of such private school and of any
religious organization, and such employment or
contract shall be under the control and
supervision of such public agency.
(C) Funds used to provide services under this
section shall not be commingled with non-
Federal funds.
SEC. 8504. STANDARDS FOR BY-PASS.
If, by reason of any provision of law, a State educational
agency, local educational agency, educational service agency,
consortium, or other entity of such agencies, is prohibited
from providing for the participation in programs of children
enrolled in, or teachers or other educational personnel from,
private elementary and secondary schools, on an equitable
basis, or if the Secretary determines that such agency
consortium or entity has substantially failed or is unwilling
to provide for such participation, as required by section 8503,
the Secretary shall--
(1) waive the requirements of that section for such
agency, consortium, or entity;
(2) arrange for the provision of equitable services
to such children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 8503,
8505, and 8506; and
(3) in making the determination, consider one or more
factors, including the quality, size, scope, location
of the program and the opportunity of private school
children, teachers, and other educational personnel to
participate.
SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
8503 by a State educational agency, local educational agency,
educational service agency, consortium of such agencies or
entity. Such individual or organization shall submit such
complaint to the State educational agency for a written
resolution by the State educational agency within a reasonable
period of time.
(b) Appeals to Secretary.--Such resolution may be appealed by
an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or
fails to resolve the complaint within a reasonable period of
time. Such appeal shall be accompanied by a copy of the State
educational agency's resolution, and a complete statement of
the reasons supporting the appeal. The Secretary shall
investigate and resolve each such appeal not later than 120
days after receipt of the appeal.
SEC. 8506. BY-PASS DETERMINATION PROCESS.
(a) Review.--
(1) In general.--
(A) The Secretary shall not take any final
action under section 8504 until the State
educational agency, local educational agency,
educational service agency, consortium of such
agencies or entity affected by such action has
had an opportunity, for not less than 45 days
after receiving written notice thereof, to
submit written objections and to appear before
the Secretary to show cause why that action
should not be taken.
(B) Pending final resolution of any
investigation or complaint that could result in
a determination under this section, the
Secretary may withhold from the allocation of
the affected State or local educational agency
the amount estimated by the Secretary to be
necessary to pay the cost of those services.
(2) Petition for review.--
(A) If such affected agency consortium or
entity is dissatisfied with the Secretary's
final action after a proceeding under paragraph
(1), such agency consortium or entity may,
within 60 days after notice of such action,
file with the United States court of appeals
for the circuit in which such State is located
a petition for review of that action.
(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the
Secretary.
(C) The Secretary upon receipt of the copy of
the petition shall file in the court the record
of the proceedings on which the Secretary based
this action, as provided in section 2112 of
title 28, United States Code.
(3) Findings of fact.--
(A) The findings of fact by the Secretary, if
supported by substantial evidence, shall be
conclusive, but the court, for good cause
shown, may remand the case to the Secretary to
take further evidence and the Secretary may
then make new or modified findings of fact and
may modify the Secretary's previous action, and
shall file in the court the record of the
further proceedings.
(B) Such new or modified findings of fact
shall likewise be conclusive if supported by
substantial evidence.
(4) Jurisdiction.--
(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the
action of the Secretary or to set such action
aside, in whole or in part.
(B) The judgment of the court shall be
subject to review by the Supreme Court of the
United States upon certiorari or certification
as provided in section 1254 of title 28, United
States Code.
(b) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines, in consultation with such agency, consortium or
entity and representatives of the affected private school
children, teachers, or other educational personnel that there
will no longer be any failure or inability on the part of such
agency or consortium to meet the applicable requirements of
section 8503 or any other provision of this Act.
(c) Payment From State allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations under
this Act.
(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the No Child Left Behind Act of 2001 shall
remain in effect to the extent the Secretary determines that
such determination is consistent with the purpose of this
section.
SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
Nothing contained in this Act shall be construed to authorize
the making of any payment under this Act for religious worship
or instruction.
SEC. 8508. APPLICABILITY.
Nothing in this Act shall be construed to affect home
schools, whether or not a home school is treated as a home
school or a private school under State law (consistent with
section 8509), nor shall any home schooled student be required
to participate in any assessment referenced in this Act.
SEC. 8509. PRIVATE SCHOOLS.
Nothing in this Act shall be construed to affect any private
school that does not receive funds or services under this Act
nor shall any student who attends a private school that does
not receive funds or services under this Act be required to
participate in any assessment referenced in this Act.
SEC. 8510. PRIVACY OF ASSESSMENT RESULTS.
Any results from individual assessments referenced in this
Act which become part of the education records of the student
shall have the protections as provided in section 444 of the
General Education Provisions Act.
SEC. 8511. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC SCHOOLS.
Nothing in this Act, or any other Act administered by the
Department, shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is
treated as a private school or home school under State law.
This section shall not be construed to bar private, religious,
or home schools from participation in programs or services
under this Act.
SEC. 8512. SCHOOL PRAYER.
As a condition for receipt of funds under this Act, a local
educational agency shall certify in writing to the Secretary
that no policy of the agency prevents or otherwise denies
participation in constitutionally protected prayer in public
schools.
SEC. 8513. GENERAL PROHIBITIONS.
(a) Prohibition.--None of the funds authorized under this Act
shall be used--
(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth
that are designed to promote or encourage, sexual
activity, whether homosexual or heterosexual;
(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
(3) to provide sex education or HIV prevention
education in schools unless such instruction is age
appropriate and emphasizes the health benefits of
abstinence; or
(4) to operate a program of contraceptive
distribution in schools.
(b) Local control.--Nothing in this section shall be
construed to--
(1) authorize an officer or employee of the Federal
Government to direct, review, or control a State, local
educational agency, or schools' instructional content,
curriculum, and related activities;
(2) limit the application of the General Education
Provisions Act (20 U.S.C.A. 1221 et seq.);
(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
(4) create any legally enforceable right.
SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
(a) General Prohibition.--Officers and employees of the
Federal Government are prohibited from mandating, directing, or
controlling a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State or
local resources, or mandating a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under this Act.
(b) Prohibition of Federal Mandates, Direction, or Control.--
Nothing in this Act shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
control a State, local educational agency, or school's specific
instructional content or academic achievement standards and
assessments, curriculum, or program of instruction as a
condition of eligibility to receive funds under this Act.
(c) Equalized Spending.--Nothing in this Act shall be
construed to mandate equalized spending per pupil for a State,
local educational agency, or school.
(d) Building Standards.--Nothing in this Act shall be
construed to mandate national school building standards for a
State, local agency, or school.
SEC. 8515. RULEMAKING.
The Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that
there is compliance with the specific requirements and
assurances required by this Act.
SEC. 8516. REPORT.
The Secretary shall report to the Congress not later than 180
days after the date of enactment of the No Child Left Behind
Act of 2001 regarding how the Secretary shall ensure that
audits conducted by Department employees of activities assisted
under this Act comply with changes to this Act made by the No
Child Left Behind Act of 2001, particularly with respect to
permitting children with similar educational needs to be served
in the same educational settings, where appropriate.
SEC. 8517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.
(a) In General.--Notwithstanding any other provision of
Federal law, no State shall be required to have academic
content standards or student academic achievement standards
approved or certified by the Federal Government, in order to
receive assistance under this Act.
(b) Construction.--Nothing in this section shall be construed
to affect requirements under title I of this Act.
SEC. 8518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.
Notwithstanding any other prohibition of Federal law, no
funds provided to the Department of Education or to any
applicable program may be used by the Department to endorse,
approve, or sanction any curriculum designed to be used in an
elementary or secondary school.
SEC. 8519. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE INFORMATION.
Nothing in this Act shall be construed to permit the
development of a national database of personally identifiable
information on individuals involved in studies or in data
collection efforts under this Act.
SEC. 8520. SEVERABILITY.
If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
PART F--SENSE OF CONGRESS
SEC. 8601. PAPERWORK REDUCTION.
(a) Findings.--The Congress finds that--
(1) instruction and other classroom activities
provide the greatest opportunity for students,
especially at-risk and disadvantaged students, to
attain high standards and achieve academic success;
(2) one of the greatest obstacles to establishing an
effective, classroom-centered education system is the
cost of paperwork compliance;
(3) paperwork places a burden on teachers and
administrators who must complete Federal and State
forms to apply for Federal funds and absorbs time and
money which otherwise would be spent on students;
(4) the Education at a Crossroads Report released in
1998 by the Education Subcommittee on Oversight and
Investigations states that requirements by the
Department of Education result in more than 48,600,000
hours of paperwork per year; and
(5) paperwork distracts from the mission of schools,
encumbers teachers, and administrators with nonacademic
responsibilities, and competes with teaching and
classroom activities which promote learning and
achievement.
(b) Sense of Congress.--It is the sense of Congress that
Federal and State educational agencies should reduce the
paperwork requirements placed on schools, teachers, principles,
and other administrators.
SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION OF TEACHERS
AND PARAPROFESSIONALS.
(a) Prohibition on Mandatory Testing or Certification.--
Notwithstanding any other provision of law, the Secretary is
prohibited from using Federal funds to plan, develop,
implement, or administer any mandatory national teacher or
paraprofessional test or certification.
(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State or local
educational agency if such State or local educational agency
fails to adopt a specific method of teacher or paraprofessional
certification.
SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED TESTING.
Notwithstanding any other provision of Federal law, no funds
provided under this Act to the Secretary or to the recipient of
any award may be used to develop, pilot test, field test,
implement, administer, or distribute any federally sponsored
national test in reading, mathematics, or any other subject,
unless specifically and explicitly authorized by law.
SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.
It is the sense of Congress that--
(1) the saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the campus
of a public elementary or secondary school in order to
honor the memory of any person slain on that campus is
not objectionable under this Act; and
(2) the design and construction of any memorial which
includes religious symbols, motifs, or sayings that is
placed on the campus of a public elementary or
secondary school in order to honor the memory of any
person slain on that campus is not objectionable under
this Act.
PART G--EVALUATIONS
SEC. 8651. EVALUATIONS.
(a) Reservation of Funds.--Except as provided in subsections
(b) and (c), the Secretary may reserve not more than 0.5
percent of the amount appropriated to carry out each
categorical program and demonstration project authorized under
this Act--
(1) to conduct--
(A) comprehensive evaluations of the program
or project; and
(B) studies of the effectiveness of the
programs or project and its administrative
impact on schools and local educational
agencies;
(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related
Federal preschool, elementary and secondary programs
under any other Federal law; and
(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and utilization of
information relating to performance under the program
or project.
(b) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program
authorized under title I.
(c) Evaluation Activities Authorized Elsewhere.--If, under
any other provision of this Act (other than title I), funds are
authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not
reserve additional funds under this section for the evaluation
of such program or project.
PART [A] H--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS
SEC. [13101.] 8701. PROGRAM AUTHORIZED.
(a) Comprehensive Regional Assistance Centers.--
(1) * * *
* * * * * * *
SEC. [13102.] 8702. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE
CENTERS.
(a) In General.--Each comprehensive regional assistance
center established under section [13101(a)] 8701(a) shall--
(1) * * *
* * * * * * *
(7) provide services to States, local educational
agencies, tribes, and schools, in coordination with the
National Diffusion Network State Facilitators
activities under section [13201] 8751, in order to
better implement the purposes of this part and provide
the support and assistance diffusion agents need to
carry out such agents' mission effectively; and
* * * * * * *
SEC. [13103.] 8703. MAINTENANCE OF SERVICE AND APPLICATION
REQUIREMENTS.
(a) * * *
(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 [13102] 8702;
(2) demonstrate how such centers will work with the
National Diffusion Network under section [13201] 8751
to conduct outreach to local educational agencies
receiving priority under section [13401] 8851;
* * * * * * *
SEC. [13104.] 8704. TRANSITION.
(a) * * *
(b) Extension of Previous Centers.--
(1) In general.--The Secretary shall, notwithstanding
any other provision of law, use funds appropriated
under section [13105] 8705 to extend or continue
contracts and grants for existing categorical technical
assistance centers assisted under this Act (as such Act
was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of
1994) through fiscal year 1996, 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.
* * * * * * *
SEC. [13105.] 8705. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
PART [B] I--NATIONAL DIFFUSION NETWORK
SEC. [13201.] 8751. PROGRAM AUTHORIZED.
(a) * * *
* * * * * * *
(e) State Facilitator Activities.--The National Diffusion
Network State Facilitators shall provide professional
development and technical assistance services to assist State
educational agencies, local educational agencies, tribal
divisions of education, schools, family and adult literacy
programs, and other entities assisted under this Act, in--
(1) * * *
* * * * * * *
(3) identifying educational technology needs and
securing the necessary technical assistance to address
such needs in coordination with the Eisenhower regional
consortia [under part C and the regional technical
assistance and professional development consortia under
subpart 3 of title III; and] under part F; and
* * * * * * *
(f) Additional Duties.--In addition, National Diffusion
Network State Facilitators shall--
(1) * * *
* * * * * * *
(4) develop and implement an aggressive outreach plan
for reaching the local educational agencies and schools
receiving priority under section [13401] 8851; and
* * * * * * *
SEC. [13202.] 8752. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $25,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
PART [C] J--EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION
CONSORTIA
SEC. [13301.] 8801. PROGRAM ESTABLISHED.
(a) In General.--
(1) * * *
* * * * * * *
(3) Special rule.--In any fiscal year, if the amount
made available pursuant to section [13308] 8808 is less
than $4,500,000, then the Secretary may waive the
provisions of paragraph (2) and award grants or
contracts of sufficient size, scope, and quality to
carry out this section.
* * * * * * *
SEC. [13302.] 8802. USE OF FUNDS.
Funds provided under this part may be used by a regional
consortium, under the direction of a regional board established
under section [13304] 8804, to--
(1) work cooperatively with the other regional
consortia, the Eisenhower National Clearinghouse for
Science and Mathematics Education established under
section 2102(b) and federally funded technical
assistance providers to more effectively accomplish the
activities described in this section;
(2) assist, train and provide technical assistance to
classroom teachers, administrators, and other educators
to identify, implement, assess or adapt the
instructional materials, teaching methods and
assessment tools described in section [13301(a)(1)]
8801(a)(1);
(3) provide for the training of classroom teachers to
enable such teachers to instruct other teachers,
administrators, and educators in the use of the
instructional materials, teaching methods and
assessment tools described in section [13301(a)(1)]
8801(a)(1) in the classroom;
* * * * * * *
SEC. [13303.] 8803. APPLICATION AND REVIEW.
(a) In General.--Each eligible entity desiring a grant or
contract under this part shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
additional information as the Secretary may reasonably require.
Each such application shall--
(1) * * *
* * * * * * *
SEC. [13304.] 8804. REGIONAL BOARDS.
(a) In General.--Each eligible entity receiving a grant or
contract under this part shall establish a regional board to
oversee the administration and establishment of program
priorities for the regional consortium established by such
eligible entity. Such regional board shall be broadly
representative of the agencies and organizations participating
in the regional consortium.
* * * * * * *
SEC. [13305.] 8805. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.
(a) Payments.--The Secretary shall pay to each eligible
entity having an application approved under section [13303]
8803 the Federal share of the cost of the activities described
in the application.
(b) Federal Share.--For the purpose of subsection (a), the
Federal share shall be 80 percent.
(c) Non-Federal Share.--The non-Federal share of the cost of
activities described in the application submitted under section
[13303] 8803 may be in cash or in kind, fairly evaluated. At
least 10 percent of such non-Federal share shall be from
sources other than the Federal Government, or State or local
government.
SEC. [13306.] 8806. EVALUATION.
(a) Evaluation Required.--The Secretary, through the Office
of Educational Research and Improvement and in accordance with
section [14701] 8651, shall collect sufficient data on, and
evaluate the effectiveness of, the activities of each regional
consortium.
* * * * * * *
SEC. 13307. 8807. DEFINITIONS.
For purposes of this part:
(1) * * *
* * * * * * *
(4) The term ``regional consortium'' means each
regional mathematics and science education consortium
established pursuant to section [13301] 8801.
* * * * * * *
SEC. [13308.] 8808. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $23,000,000 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 [D] K--TECHNOLOGY-BASED TECHNICAL ASSISTANCE
SEC. [13401.] 8851. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
The Secretary is authorized to provide a technology-based
technical assistance service that will--
(1) support the administration and implementation of
programs under this Act by providing information,
including legal and regulatory information, and
technical guidance and information, about best
practices; and
(2) be accessible to all States, local educational
agencies, schools, community-based organizations and
others who are recipients of funds under this Act.
[Subpart 3] PART L--REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL
DEVELOPMENT
SEC. [3141.] 8901. 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] part J,
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.
* * * * * * *
[TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
[PART A--INDIAN EDUCATION
[SEC. 9101. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 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; 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. 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. 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. 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 that meet 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. 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. 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 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 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. 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. 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. 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 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. 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. 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. 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. SHORT TITLE.
[This part may be cited as the ``Native Hawaiian Education
Act''.
[SEC. 9202. 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 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 ``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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. SHORT TITLE.
[This part may be cited as the ``Alaska Native Educational
Equity, Support and Assistance Act''.
[SEC. 9302. FINDINGS.
[The Congress finds and declares:
[(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being and preservation of the culture of Alaska
Natives.
[(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
[(3) Alaska Native children enter and exit school
with serious educational handicaps.
[(4) The educational achievement of Alaska Native
children is far below national norms. In addition to
low Native performance on standardized tests, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
[(5) The programs authorized herein, combined with
expanded Head Start, infant learning and early
childhood education programs, and parent education
programs are essential if educational handicaps are to
be overcome.
[(6) The sheer magnitude of the geographic barriers
to be overcome in delivering educational services in
rural and village Alaska should be addressed through
the development and implementation of innovative, model
programs in a variety of areas.
[(7) Congress finds that Native children should be
afforded the opportunity to begin their formal
education on a par with their non-Native peers. The
Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for all
students.
[SEC. 9303. 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. 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. 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. 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. 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. 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 X--PROGRAMS OF NATIONAL SIGNIFICANCE
[PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
[SEC. 10101. FUND FOR THE IMPROVEMENT OF EDUCATION.
[(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of education, assist all students to meet challenging
State content standards and challenging State student
performance standards, and contribute to achievement of the
National Education Goals. The Secretary is authorized to carry
out such programs and projects directly or through grants to,
or contracts with, State and local educational agencies,
institutions of higher education, and other public and private
agencies, organizations, and institutions.
[(b) Uses of Funds.--
[(1) In general.--Funds under this section may be
used for--
[(A) activities that will promote systemic
education reform at the State and local levels,
such as--
[(i) research and development related
to challenging State content and
challenging State student performance
standards;
[(ii) the development and evaluation
of model strategies for--
[(I) assessment of student
learning;
[(II) professional
development for teachers and
administrators;
[(III) parent and community
involvement; and
[(IV) other aspects of
systemic reform;
[(iii) developing and evaluating
strategies for eliminating ability-
grouping practices, and developing
policies and programs that place all
students on a college-preparatory path
of study, particularly in academic
fields such as mathematics, science,
English, and social studies, including
comprehensive inservice programs for
teachers and pupil services personnel
and academic enrichment programs that
supplement regular courses for
students;
[(iv) developing and evaluating
programs that directly involve parents
and family members in the academic
progress of their children;
[(v) developing and evaluating
strategies for integrating instruction
and assessment such that teachers and
administrators can focus on what
students should know and be able to do
at particular grade levels, which
instruction shall promote the synthesis
of knowledge, encourage the development
of problem-solving skills drawing on a
vast range of disciplines, and promote
the development of higher order
thinking by all students; and
[(vi) developing and evaluating
strategies for supporting professional
development for teachers across all
disciplines and for pupil services
personnel, guidance counselors, and
administrators, including inservice
training that improves the skills of
pupil services personnel, counselors
and administrators for working with
students from diverse populations;
[(B) demonstrations at the State and local
levels that are designed to yield nationally
significant results, including approaches to
public school choice and school-based
decisionmaking;
[(C) joint activities with other agencies to
assist the effort to achieve the National
Education Goals, including activities related
to improving the transition from preschool to
school and from school to work, as well as
activities related to the integration of
education and health and social services;
[(D) activities to promote and evaluate
counseling and mentoring for students,
including intergenerational mentoring;
[(E) activities to promote and evaluate
coordinated pupil services programs;
[(F) activities to promote comprehensive
health education;
[(G) activities to promote environmental
education;
[(H) activities to promote consumer,
economic, and personal finance education, such
as saving, investing, and entrepreneurial
education;
[(I) activities to promote programs to assist
students to demonstrate competence in foreign
languages;
[(J) studies and evaluation of various
education reform strategies and innovations
being pursued by the Federal Government,
States, and local educational agencies;
[(K) activities to promote metric education;
[(L) the identification and recognition of
exemplary schools and programs, such as Blue
Ribbon Schools;
[(M) programs designed to promote gender
equity in education by evaluating and
eliminating gender bias in instruction and
educational materials, identifying, and
analyzing gender inequities in educational
practices, and implementing and evaluating
educational policies and practices designed to
achieve gender equity;
[(N) programs designed to reduce excessive
student mobility, retain students who move
within a school district at the same school,
educate parents about the effect of mobility on
a child's education and encourage parents to
participate in school activities;
[(O) experiential-based learning, such as
service-learning;
[(P) the development and expansion of public-
private partnership programs which extend the
learning experience, via computers, beyond the
classroom environment into student homes
through such programs as the Buddy System
Computer Project;
[(Q) other programs and projects that meet
the purposes of this section;
[(R) activities to promote child abuse
education and prevention programs;
[(S) activities to raise standards and
expectations for academic achievement among all
students, especially disadvantaged students
traditionally underserved in schools;
[(T) activities to provide the academic
support, enrichment and motivation to enable
all students to reach such standards;
[(U) demonstrations relating to the planning
and evaluations of the effectiveness of
projects under which local educational agencies
or schools contract with private management
organizations to reform a school or schools;
[(V) demonstrations that are designed to test
whether prenatal and counseling provided to
pregnant students may have a positive effect on
pregnancy outcomes, with such education and
counseling emphasizing the importance of
prenatal care, the value of sound diet and
nutrition habits, and the harmful effects of
smoking, alcohol, and substance abuse on fetal
development;
[(W) programs under section 10102;
[(X) programs under section 10103;
[(Y) programs under section 10104; and
[(Z) programs under section 10105;
[(2) Additional uses.--The Secretary may also use
funds under this section to complete the project
periods for direct grants or contracts awarded under
the provisions of this Act, the Fund for the
Improvement and Reform of Schools and Teaching Act, or
title III of the Education for Economic Security Act,
as such Acts were in effect on the day preceding the
date of the enactment of the Improving America's
Schools Act of 1994.
[(3) Special rule.--The Secretary shall not make
available more than $1,000,000 to carry out paragraph
(1)(R), nor more than $1,000,000 to carry out paragraph
(1)(V) during the period beginning on October 1, 1994,
through September 30, 1999.
[(c) Awards.--
[(1) In general.--The Secretary may--
[(A) make awards under this section on the
basis of competitions announced by the
Secretary; and
[(B) support meritorious unsolicited
proposals.
[(2) Special rule.--The Secretary shall ensure that
programs, projects, and activities supported under this
section are designed so that the effectiveness of such
programs, projects, and activities is readily
ascertainable.
[(3) Peer review.--The Secretary shall use a peer
review process in reviewing applications for assistance
under this section and may use funds appropriated under
subsection (d) for the cost of such peer review.
[(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $50,000,000
for fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
[SEC. 10102. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.
[(a) Counseling Demonstration.--
[(1) In General.--The Secretary may award grants
under this section to establish or expand elementary
school counseling programs.
[(2) Priority.--In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs that--
[(A) demonstrate the greatest need for new or
additional counseling services among the
children in the elementary schools served by
the applicant;
[(B) propose the most promising and
innovative approaches for initiating or
expanding elementary school counseling; and
[(C) show the greatest potential for
replication and dissemination.
[(3) Equitable distribution.--In awarding grants
under this section, the Secretary shall ensure an
equitable geographic distribution among the regions of
the United States and among urban, suburban, and rural
areas.
[(4) Duration.--A grant under this section shall be
awarded for a period not to exceed three years.
[(5) Maximum grant.--A grant under this section shall
not exceed $400,000 for any fiscal year.
[(b) Applications.--
[(1) In general.--Each local educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require.
[(2) Contents.--Each application for a grant under
this section shall--
[(A) describe the elementary school
population to be targeted by the program, the
particular personal, social, emotional,
educational, and career development needs of
such population, and the current school
counseling resources available for meeting such
needs;
[(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
[(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
[(D) describe the collaborative efforts to be
undertaken with institutions of higher
education, businesses, labor organizations,
community groups, social service agencies, and
other public or private entities to enhance the
program and promote school-linked services
integration;
[(E) describe collaborative efforts with
institutions of higher education which
specifically seek to enhance or improve
graduate programs specializing in the
preparation of elementary school counselors,
school psychologists, and school social
workers;
[(F) document that the applicant has the
personnel qualified to develop, implement, and
administer the program;
[(G) describe how any diverse cultural
populations, if applicable, would be served
through the program;
[(H) assure that the funds made available
under this part for any fiscal year will be
used to supplement and, to the extent
practicable, increase the level of funds that
would otherwise be available from non-Federal
sources for the program described in the
application, and in no case supplant such funds
from non-Federal sources; and
[(I) assure that the applicant will appoint
an advisory board composed of parents, school
counselors, school psychologists, school social
workers, other pupil services personnel,
teachers, school administrators, and community
leaders to advise the local educational agency
on the design and implementation of the
program.
[(c) Use of Funds.--
[(1) In general.--Grant funds under this section
shall be used to initiate or expand elementary school
counseling programs that comply with the requirements
in paragraph (2).
[(2) Program requirements.--Each program assisted
under this section shall--
[(A) be comprehensive in addressing the
personal, social, emotional, and educational
needs of all students;
[(B) use a developmental, preventive approach
to counseling;
[(C) increase the range, availability,
quantity, and quality of counseling services in
the elementary schools of the local educational
agency;
[(D) expand counseling services only through
qualified school counselors, school
psychologists, and school social workers;
[(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking,
academic and career planning, or to improve
social functioning;
[(F) provide counseling services that are
well-balanced among classroom group and small
group counseling, individual counseling, and
consultation with parents, teachers,
administrators, and other pupil services
personnel;
[(G) include inservice training for school
counselors, school social workers, school
psychologists, other pupil services personnel,
teachers, and instructional staff;
[(H) involve parents of participating
students in the design, implementation, and
evaluation of a counseling program;
[(I) involve collaborative efforts with
institutions of higher education, businesses,
labor organizations, community groups, social
service agencies, or other public or private
entities to enhance the program and promote
school-linked services integration; and
[(J) evaluate annually the effectiveness and
outcomes of the counseling services and
activities assisted under this section.
[(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant
under this subsection at the end of each grant period
in accordance with section 14701, but in no case later
than January 30, 1998.
[(4) Dissemination.--The Secretary shall make the
programs assisted under this section available for
dissemination, either through the National Diffusion
Network or other appropriate means.
[(5) Limit on administration.--Not more than five
percent of the amounts made available under this
section in any fiscal year shall be used for
administrative costs to carry out this section.
[(d) Definitions.--For purposes of this section--
[(1) the term ``school counselor'' means an
individual who has documented competence in counseling
children and adolescents in a school setting and who--
[(A) possesses State licensure or
certification granted by an independent
professional regulatory authority;
[(B) in the absence of such State licensure
or certification, possesses national
certification in school counseling or a
specialty of counseling granted by an
independent professional organization; or
[(C) holds a minimum of a master's degree in
school counseling from a program accredited by
the Council for Accreditation of Counseling and
Related Educational Programs or the equivalent;
[(2) the term ``school psychologist'' means an
individual who--
[(A) possesses a minimum of 60 graduate
semester hours in school psychology from an
institution of higher education and has
completed 1,200 clock hours in a supervised
school psychology internship, of which 600
hours shall be in the school setting;
[(B) possesses State licensure or
certification in the State in which the
individual works; or
[(C) in the absence of such State licensure
or certification, possesses national
certification by the National School Psychology
Certification Board;
[(3) the term ``school social worker'' means an
individual who holds a master's degree in social work
and is licensed or certified by the State in which
services are provided or holds a school social work
specialist credential; and
[(4) the term ``supervisor'' means an individual who
has the equivalent number of years of professional
experience in such individual's respective discipline
as is required of teaching experience for the
supervisor or administrative credential in the State of
such individual.
[SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to make
up to a total of ten grants annually to partnerships of
State educational agencies and local educational
agencies for the design and implementation of character
education programs that incorporate the elements of
character listed in subsection (d), as well as other
character elements identified by applicants.
[(2) Maximum amount of grant.--No State educational
agency shall receive more than a total of $1,000,000 in
grants under this part.
[(3) Duration.--Each grant under this section shall
be awarded for a period not to exceed five years, of
which the State educational agency shall not use more
than one year for planning and program design.
[(b) State Educational Agency Applications.--
[(1) Requirement.--Each State educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may require.
[(2) Partnerships.--Each State educational agency
desiring a grant under this section shall form a
partnership with at least one local educational agency
to be eligible for funding. The partnership shall
pursue State and local initiatives to meet the
objectives of this section.
[(3) Application.--Each application under this
section shall include--
[(A) a list of the local educational agencies
entering into the partnership with the State
educational agency;
[(B) a description of the goals of the
partnership;
[(C) a description of activities that will be
pursued by the participating local educational
agencies, including--
[(i) how parents, students, and other
members of the community, including
members of private and nonprofit
organizations, will be involved in the
design and implementation of the
program;
[(ii) curriculum and instructional
practices;
[(iii) methods of teacher training
and parent education that will be used
or developed; and
[(iv) examples of activities that
will be carried out under this part;
[(D) a description of how the State
educational agency will provide technical and
professional assistance to its local
educational agency partners in the development
and implementation of character education
programs;
[(E) a description of how the State
educational agency will evaluate the success of
local programs and how local educational
agencies will evaluate the progress of their
own programs;
[(F) a description of how the State
educational agency will assist other interested
local educational agencies that are not members
of the original partnership in designing and
establishing programs;
[(G) a description of how the State
educational agency will establish a
clearinghouse for information on model
programs, materials, and other information the
State and local educational agencies determine
to be appropriate;
[(H) an assurance that the State educational
agency will annually provide to the Secretary
such information as may be required to
determine the effectiveness of the program; and
[(I) any other information that the Secretary
may require.
[(4) Non-partner local educational agencies.--Any
local educational agency that was not a partner with
the State when the application was submitted may become
a partner by submitting an application for partnership
to the State educational agency, containing such
information that the State educational agency may
require.
[(c) Evaluation and Program Development.--
[(1) Requirement.--Each State educational agency
receiving a grant under this section shall submit to
the Secretary a comprehensive evaluation of the program
assisted under this part, including the impact on
students, teachers, administrators, parents, and
others--
[(A) by the mid-term of the program; and
[(B) not later than one year after completion
of such program.
[(2) Contracts for evaluation.--Each State
educational agency receiving a grant under this section
may contract with outside sources, including
institutions of higher education, and private and
nonprofit organizations, for purposes of evaluating
their program and measuring the success of the program
toward fostering in students the elements of character
listed in subsection (b).
[(3) Factors.--Factors which may be considered in
evaluating the success of the program may include--
[(A) discipline problems;
[(B) students' grades;
[(C) participation in extracurricular
activities;
[(D) parental and community involvement;
[(E) faculty and administration involvement;
and
[(F) student and staff morale.
[(4) Materials and program development.--Local
educational agencies, after consulting with the State
educational agency, may contract with outside sources,
including institutions of higher education, and private
and nonprofit organizations, for assistance in
developing curriculum, materials, teacher training, and
other activities related to character education.
[(d) Elements of Character.--
[(1) In general.--Applicants desiring funding under
this part shall develop character education programs
that incorporate the following elements of character:
[(A) Caring.
[(B) Civic virtue and citizenship.
[(C) Justice and fairness.
[(D) Respect.
[(E) Responsibility.
[(F) Trustworthiness.
[(G) Any other elements deemed appropriate by
the members of the partnership.
[(2) Additional elements of character.--A local
educational agency participating under this section
may, after consultation with schools and communities of
such agency, define additional elements of character
that the agency determines to be important to the
schools and communities of such agency.
[(e) Use of Funds.--Of the total funds received by a State
educational agency in any fiscal year under this section--
[(1) not more than 30 percent of such funds may be
retained by the State educational agency, of which--
[(A) not more than 10 percent of such funds
may be used for administrative purposes; and
[(B) the remainder of such funds may be used
for--
[(i) collaborative initiatives with
local educational agencies;
[(ii) the establishment of the
clearinghouse, preparation of
materials, teacher training; and
[(iii) other appropriate activities;
and
[(2) the remaining of such funds shall be used to
award subgrants to local educational agencies, of
which--
[(A) not more than 10 percent of such funds
may be retained for administrative purposes;
and
[(B) the remainder of such funds may be used
to--
[(i) award subgrants to schools
within the local educational agency;
and
[(ii) pursue collaborative efforts
with the State educational agency.
[(f) Selection of Grantees.--
[(1) Criteria.--The Secretary shall select, through
peer review, partnerships to receive grants under this
section on the basis of the quality of the applications
submitted under subsection (b), taking into
consideration such factors as--
[(A) the quality of the activities proposed
by local educational agencies;
[(B) the extent to which the program fosters
in students the elements of character;
[(C) the extent of parental, student, and
community involvement;
[(D) the number of local educational agencies
involved in the effort;
[(E) the quality of the plan for measuring
and assessing success; and
[(F) the likelihood that the goals of the
program will be realistically achieved.
[(2) Diversity of projects.--The Secretary shall
approve applications under this section in a manner
that ensures, to the extent practicable, that programs
assisted under this section--
[(A) serve different areas of the Nation,
including urban, suburban, and rural areas; and
[(B) serve schools that serve minorities,
Native Americans, students of limited-English
proficiency, and disadvantaged students.
[SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
[(a) In General.--The Secretary is authorized to award a
grant to a nonprofit organization to reimburse such
organizations for the costs of conducting scholar-athlete games
to be held in 1999.
[(b) Priority.--In awarding the grant under subsection (a),
the Secretary shall give priority to a nonprofit organization
that--
[(1) is described in section 501(c)(3) of, and exempt
from taxation under section 501(a) of, the Internal
Revenue Code of 1986, and is affiliated with a
university capable of hosting a large educational,
cultural, and athletic event that will serve as a
national model;
[(2) has the capability and experience in
administering federally funded scholar-athlete games;
[(3) has the ability to provide matching funds, on a
dollar-for-dollar basis, from foundations and the
private sector for the purpose of conducting a scholar-
athlete program;
[(4) has the organizational structure and capability
to administer a model scholar-athlete program in the
summer of 1999;
[(5) has the organizational structure and expertise
to replicate the scholar-athlete program in various
venues throughout the United States internationally;
and
[(6) has plans for conducting scholar-athlete games
after 1999 without Federal assistance.
[SEC. 10105. SMALLER LEARNING COMMUNITIES.
[(a) In General.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each such application
shall describe--
[(1) strategies and methods the applicant will use to
create the smaller learning community or communities;
[(2) curriculum and instructional practices,
including any particular themes or emphases, to be used
in the learning environment;
[(3) the extent of involvement of teachers and other
school personnel in investigating, designing,
implementing and sustaining the smaller learning
community or communities;
[(4) the process to be used for involving students,
parents and other stakeholders in the development and
implementation of the smaller learning community or
communities;
[(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to
develop or implement a plan to create the smaller
learning community or communities;
[(6) the training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this part;
[(7) the goals and objectives of the activities
assisted under this part, including a description of
how such activities will better enable all students to
reach challenging State content standards and State
student performance standards;
[(8) the methods by which the applicant will assess
progress in meeting such goals and objectives;
[(9) if the smaller learning community or communities
exist as a school-within-a-school, the relationship,
including governance and administration, of the smaller
learning community to the rest of the school;
[(10) a description of the administrative and
managerial relationship between the local educational
agency and the smaller learning community or
communities, including how such agency will demonstrate
a commitment to the continuity of the smaller learning
community or communities, including the continuity of
student and teacher assignment to a particular learning
community;
[(11) how the applicant will coordinate or use funds
provided under this part with other funds provided
under this Act or other Federal laws;
[(12) grade levels or ages of students who will
participate in the smaller learning community or
communities; and
[(13) the method of placing students in the smaller
learning community or communities, such that students
are not placed according to ability, performance or any
other measure, so that students are placed at random or
by their own choice, not pursuant to testing or other
judgments.
[(b) Authorized Activities.--Funds under this section may be
used--
[(1) to study the feasibility of creating the smaller
learning community or communities as well as effective
and innovative organizational and instructional
strategies that will be used in the smaller learning
community or communities;
[(2) to research, develop and implement strategies
for creating the smaller learning community or
communities, as well as effective and innovative
changes in curriculum and instruction, geared to high
State content standards and State student performance
standards;
[(3) to provide professional development for school
staff in innovative teaching methods that challenge and
engage students to be used in the smaller learning
community or communities; and
[(4) to develop and implement strategies to include
parents, business representatives, local institutions
of higher education, community-based organizations, and
other community members in the smaller learning
communities, as facilitators of activities that enable
teachers to participate in professional development
activities, as well as to provide links between
students and their community.
[SEC. 10106. NATIONAL STUDENT AND PARENT MOCK ELECTION.
[(a) In General.--The Secretary is authorized to award grants
to national nonprofit, nonpartisan organizations that work to
promote voter participation in American elections to enable
such organizations to carry out voter education activities for
students and their parents. Such activities shall--
[(1) be limited to simulated national elections that
permit participation by students and parents from all
50 States in the United States; and
[(2) consist of--
[(A) school forums and local cable call-in
shows on the national issues to be voted upon
in an ``issue forum'';
[(B) speeches and debates before students and
parents by local candidates or stand-ins for
such candidates;
[(C) quiz team competitions, mock press
conferences and speechwriting competitions;
[(D) weekly meetings to follow the course of
the campaign; or
[(E) school and neighborhood campaigns to
increase voter turnout, including newsletters,
posters, telephone chains, and transportation.
[(b) Requirement.--Each organization receiving a grant under
this section shall present awards to outstanding student and
parent mock election projects.
[SEC. 10107. MODEL PROJECTS.
[(a) Program Authorized.--The Secretary is authorized to
award grants to cultural institutions to enable such
institutions to develop and expand model projects of outreach
activities for at-risk children in the communities served by
such institutions, including activities which integrate such
institution's cultural programming with other disciplines,
including environmental, mathematics, and science programs.
[(b) Priority.--In awarding grants under this section the
Secretary shall give priority to activities that are part of an
overall State, local, and private commitment, seek to improve
learning for at-risk youth, and are substantially funded by
State, local, or private funds.
[PART B--GIFTED AND TALENTED CHILDREN
[SEC. 10201. SHORT TITLE.
[This part may be cited as the ``Jacob K. Javits Gifted and
Talented Students Education Act of 1994''.
[SEC. 10202. 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
nonprofit 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. 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 settings where
appropriate.
[SEC. 10204. 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 talented 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 operation of model projects
and exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs, 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. 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. 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 Research and Improvement in identifying
research priorities which reflect the needs of gifted
and talented students.
[SEC. 10207. 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
[Subpart 1--Basic Charter School Grant Program
[SEC. 10301. 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 subpart 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. 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 subpart.
[(b) Special Rule.--If a State educational agency elects not
to participate in the program authorized by this subpart 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 subpart 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 subpart 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 subpart 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 (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 subpart 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 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 subpart.
[(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 subpart 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. APPLICATIONS.
[(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this subpart 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 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 subpart;
[(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 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(e).
[SEC. 10304. ADMINISTRATION.
[(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies
under this subpart 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 subpart 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
subpart 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 subpart, shall use a peer
review process to review applications for assistance under this
subpart.
[(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this subpart, shall
award subgrants under this subpart in a manner that, to the
extent possible, ensures that such grants and subgrants--
[(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
[(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
[(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
10310(1), if--
[(1) the waiver is requested in an approved
application under this subpart; and
[(2) the Secretary determines that granting such a
waiver will promote the purpose of this subpart.
[(f) Use of Funds.--
[(1) State educational agencies.--Each State
educational agency receiving a grant under this subpart
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 subpart, 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 subpart.
[(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this subpart 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 subpart may
reserve not more than 5 percent of such grant funds for
administrative expenses associated with the charter
school grant program assisted under this subpart.
[(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this subpart 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 subpart, 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 subpart, whether or not
the charter school has applied for or received
funds under this subpart 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 subpart 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. 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 subpart, 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 subpart;
[(B) assistance to applicants for assistance
under this subpart 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. 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. 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 subpart, as well as in the development of any
rules or regulations relevant to charter schools that are
required to implement subpart 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. 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. PAPERWORK REDUCTION.
[To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of
this subpart results in a minimum of paperwork for any eligible
applicant or charter school.
[SEC. 10310. DEFINITIONS.
[As used in this subpart:
[(1) The term ``charter school'' means a public
school that--
[(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempted from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
[(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
[(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
[(D) provides a program of elementary or
secondary education, or both;
[(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
[(F) does not charge tuition;
[(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and subpart 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 subpart.
[(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. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subpart, 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.
[Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation
[SEC. 10321. PURPOSE.
[The purpose of this subpart is to provide one-time grants to
eligible entities to permit them to demonstrate innovative
credit enhancement initiatives that assist charter schools to
address the cost of acquiring, constructing, and renovating
facilities.
[SEC. 10322. GRANTS TO ELIGIBLE ENTITIES.
[(a) In General.--The Secretary shall use 100 percent of the
amount available to carry out this subpart to award not less
than three grants to eligible entities having applications
approved under this subpart to demonstrate innovative methods
of assisting charter schools to address the cost of acquiring,
constructing, and renovating facilities by enhancing the
availability of loans or bond financing.
[(b) Grantee Selection.--The Secretary shall evaluate each
application submitted, and shall make a determination of which
are sufficient to merit approval and which are not. The
Secretary shall award at least one grant to an eligible entity
described in section 10330(2)(A), at least one grant to an
eligible entity described in section 10330(2)(B), and at least
one grant to an eligible entity described in section
10330(2)(C), if applications are submitted that permit the
Secretary to do so without approving an application that is not
of sufficient quality to merit approval.
[(c) Grant Characteristics.--Grants under this subpart shall
be of a sufficient size, scope, and quality so as to ensure an
effective demonstration of an innovative means of enhancing
credit for the financing of charter school acquisition,
construction, or renovation.
[(d) Special Rule.--In the event the Secretary determines
that the funds available are insufficient to permit the
Secretary to award not less than three grants in accordance
with subsections (a) through (c), such three-grant minimum and
the second sentence of subsection (b) shall not apply, and the
Secretary may determine the appropriate number of grants to be
awarded in accordance with subsection (c).
[SEC. 10323. APPLICATIONS.
[(a) In General.--To receive a grant under this subpart, an
eligible entity shall submit to the Secretary an application in
such form as the Secretary may reasonably require.
[(b) Contents.--An application under subsection (a) shall
contain--
[(1) a statement identifying the activities proposed
to be undertaken with funds received under this
subpart, including how the applicant will determine
which charter schools will receive assistance, and how
much and what types of assistance charter schools will
receive;
[(2) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
[(3) a description of the applicant's expertise in
capital market financing;
[(4) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of government
funding used and otherwise enhance credit available to
charter schools;
[(5) a description of how the applicant possesses
sufficient expertise in education to evaluate the
likelihood of success of a charter school program for
which facilities financing is sought;
[(6) in the case of an application submitted by a
State governmental entity, a description of the actions
that the entity has taken, or will take, to ensure that
charter schools within the State receive the funding
they need to have adequate facilities; and
[(7) such other information as the Secretary may
reasonably require.
[SEC. 10324. CHARTER SCHOOL OBJECTIVES.
[An eligible entity receiving a grant under this subpart
shall use the funds deposited in the reserve account
established under section 10325(a) to assist one or more
charter schools to access private sector capital to accomplish
one or both of the following objectives:
[(1) The acquisition (by purchase, lease, donation,
or otherwise) of an interest (including an interest
held by a third party for the benefit of a charter
school) in improved or unimproved real property that is
necessary to commence or continue the operation of a
charter school.
[(2) The construction of new facilities, or the
renovation, repair, or alteration of existing
facilities, necessary to commence or continue the
operation of a charter school.
[SEC. 10325. RESERVE ACCOUNT.
[(a) Use of Funds.--To assist charter schools to accomplish
the objectives described in section 10324, an eligible entity
receiving a grant under this subpart shall, in accordance with
State and local law, directly or indirectly, alone or in
collaboration with others, deposit the funds received under
this subpart (other than funds used for administrative costs in
accordance with section 10326) in a reserve account established
and maintained by the entity for this purpose. Amounts
deposited in such account shall be used by the entity for one
or more of the following purposes:
[(1) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein,
the proceeds of which are used for an objective
described in section 10324.
[(2) Guaranteeing and insuring leases of personal and
real property for an objective described in section
10324.
[(3) Facilitating financing by identifying potential
lending sources, encouraging private lending, and other
similar activities that directly promote lending to, or
for the benefit of, charter schools.
[(4) Facilitating the issuance of bonds by charter
schools, or by other public entities for the benefit of
charter schools, by providing technical,
administrative, and other appropriate assistance
(including the recruitment of bond counsel,
underwriters, and potential investors and the
consolidation of multiple charter school projects
within a single bond issue).
[(b) Investment.--Funds received under this subpart and
deposited in the reserve account shall be invested in
obligations issued or guaranteed by the United States or a
State, or in other similarly low-risk securities.
[(c) Reinvestment of Earnings.--Any earnings on funds
received under this subpart shall be deposited in the reserve
account established under subsection (a) and used in accordance
with such subsection.
[SEC. 10326. LIMITATION ON ADMINISTRATIVE COSTS.
[An eligible entity may use not more than 0.25 percent of the
funds received under this subpart for the administrative costs
of carrying out its responsibilities under this subpart.
[SEC. 10327. AUDITS AND REPORTS.
[(a) Financial Record Maintenance and Audit.--The financial
records of each eligible entity receiving a grant under this
subpart shall be maintained in accordance with generally
accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
[(b) Reports.--
[(1) Grantee annual reports.--Each eligible entity
receiving a grant under this subpart annually shall
submit to the Secretary a report of its operations and
activities under this subpart.
[(2) Contents.--Each such annual report shall
include--
[(A) a copy of the most recent financial
statements, and any accompanying opinion on
such statements, prepared by the independent
public accountant reviewing the financial
records of the eligible entity;
[(B) a copy of any report made on an audit of
the financial records of the eligible entity
that was conducted under subsection (a) during
the reporting period;
[(C) an evaluation by the eligible entity of
the effectiveness of its use of the Federal
funds provided under this subpart in leveraging
private funds;
[(D) a listing and description of the charter
schools served during the reporting period;
[(E) a description of the activities carried
out by the eligible entity to assist charter
schools in meeting the objectives set forth in
section 10324; and
[(F) a description of the characteristics of
lenders and other financial institutions
participating in the activities undertaken by
the eligible entity under this subpart during
the reporting period.
[(3) Secretarial report.--The Secretary shall review
the reports submitted under paragraph (1) and shall
provide a comprehensive annual report to Congress on
the activities conducted under this subpart.
[SEC. 10328. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.
[No financial obligation of an eligible entity entered into
pursuant to this subpart (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United
States. The full faith and credit of the United States is not
pledged to the payment of funds which may be required to be
paid under any obligation made by an eligible entity pursuant
to any provision of this subpart.
[SEC. 10329. RECOVERY OF FUNDS.
[(a) In General.--The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect--
[(1) all of the funds in a reserve account
established by an eligible entity under section
10325(a) if the Secretary determines, not earlier than
2 years after the date on which the entity first
received funds under this subpart, that the entity has
failed to make substantial progress in carrying out the
purposes described in section 10325(a); or
[(2) all or a portion of the funds in a reserve
account established by an eligible entity under section
10325(a) if the Secretary determines that the eligible
entity has permanently ceased to use all or a portion
of the funds in such account to accomplish any purpose
described in section 10325(a).
[(b) Exercise of Authority.--The Secretary shall not exercise
the authority provided in subsection (a) to collect from any
eligible entity any funds that are being properly used to
achieve one or more of the purposes described in section
10325(a).
[(c) Procedures.--The provisions of sections 451, 452, and
458 of the General Education Provisions Act (20 U.S.C. 1234 et
seq.) shall apply to the recovery of funds under subsection
(a).
[(d) Construction.--This section shall not be construed to
impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act (20
U.S.C. 1234 et seq.).
[SEC. 10330. DEFINITIONS.
[In this subpart:
[(1) The term ``charter school'' has the meaning
given such term in section 10310.
[(2) The term ``eligible entity'' means--
[(A) a public entity, such as a State or
local governmental entity;
[(B) a private nonprofit entity; or
[(C) a consortium of entities described in
subparagraphs (A) and (B).
[SEC. 10331. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subpart, there are
authorized to be appropriated $100,000,000 for fiscal year
2001.
[PART D--ARTS IN EDUCATION
[Subpart 1--Arts Education
[SEC. 10401. SUPPORT FOR ARTS EDUCATION.
[(a) Findings.--The Congress finds that--
[(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
[(2) the arts are important to excellent education
and to effective school reform;
[(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
[(4) such transformation is best realized in the
context of comprehensive, systemic education reform;
[(5) demonstrated competency in the arts for American
students is among the National Education Goals;
[(6) participation in performing arts activities has
proven to be an effective strategy for promoting the
inclusion of persons with disabilities in mainstream
settings;
[(7) opportunities in the arts have enabled persons
of all ages with disabilities to participate more fully
in school and community activities;
[(8) the arts can motivate at-risk students to stay
in school and become active participants in the
educational process; and
[(9) arts education should be an integral part of the
elementary and secondary school curriculum.
[(b) Purposes.--The purposes of this subpart are to--
[(1) support systemic education reform by
strengthening arts education as an integral part of the
elementary and secondary school curriculum;
[(2) help ensure that all students have the
opportunity to learn to challenging State content
standards and challenging State student performance
standards in the arts; and
[(3) support the national effort to enable all
students to demonstrate competence in the arts in
accordance with the National Education Goals.
[(c) Eligible Recipients.--In order to carry out the purposes
of this subpart, the Secretary is authorized to award grants
to, or enter into contracts or cooperative agreements with--
[(1) State educational agencies;
[(2) local educational agencies;
[(3) institutions of higher education;
[(4) museums and other cultural institutions; and
[(5) other public and private agencies, institutions,
and organizations.
[(d) Authorized Activities.--Funds under this subpart may be
used for--
[(1) research on arts education;
[(2) the development of, and dissemination of
information about, model arts education programs;
[(3) the development of model arts education
assessments based on high standards;
[(4) the development and implementation of curriculum
frameworks for arts education;
[(5) the development of model preservice and
inservice professional development programs for arts
educators and other instructional staff;
[(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts
education, such as the National Endowment for the Arts,
the Institute of Museum and Library Services, the John
F. Kennedy Center for the Performing Arts, Very Special
Arts, and the National Gallery of Art;
[(7) supporting model projects and programs in the
performing arts for children and youth through
arrangements made with the John F. Kennedy Center for
the Performing Arts;
[(8) supporting model projects and programs by Very
Special Arts which assure the participation in
mainstream settings in arts and education programs of
individuals with disabilities;
[(9) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
[(10) other activities that further the purposes of
this subpart.
[(e) Coordination.--
[(1) In general.--A recipient of funds under this
subpart shall, to the extent possible, coordinate
projects assisted under this subpart with appropriate
activities of public and private cultural agencies,
institutions, and organizations, including museums,
arts education associations, libraries, and theaters.
[(2) Special rule.--In carrying out this subpart, the
Secretary shall coordinate with the National Endowment
for the Arts, the Institute of Museum and Library
Services, the John F. Kennedy Center for the Performing
Arts, Very Special Arts, and the National Gallery of
Art.
[(f) Authorization.--
[(1) In general.--For the purpose of carrying out
this subpart, there are authorized to be appropriated
$11,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal
years.
[(2) Special rule.--If the amount appropriated under
paragraph (1) for any fiscal year is $9,000,000 or
less, then such amount shall only be available to carry
out the activities described in paragraphs (7) and (8)
of subsection (d).
[Subpart 2--Cultural Partnerships for At-Risk Children and Youth
[SEC. 10411. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds:
[(1) With local school budget cuts there are
inadequate arts and cultural programs available for
children and youth in schools, especially at the
elementary school level.
[(2) The arts promote progress in academic subjects
as shown by research conducted by the National
Endowment for the Arts.
[(3) Children and youth who receive instruction in
the arts and humanities, or who are involved in
cultural activities, remain in school longer and are
more successful than children who do not receive such
instruction.
[(4) Learning in the arts and humanities promotes
progress in other academic subjects, and generates
positive self-esteem and a greater sense of
accomplishment in young people.
[(5) School-university and school-cultural
institution partnerships that upgrade teacher training
in the arts and humanities have significantly
contributed to improved instruction and achievement
levels of school-aged children.
[(6) Museum outreach, cultural activities and
informal education for at-risk children and youth have
contributed significantly to the educational
achievement and enhanced interest in learning of at-
risk children and youth.
[(7) The Goals 2000: Educate America Act, other
legislation and local, State and national resources
support the integration of the arts and humanities into
the regular curriculum and school day for all children.
[(8) While all children benefit from instruction in
the arts and the humanities, at-risk children and youth
have a special, additional need for arts and cultural
programs both in school and after school.
[(b) Purpose.--The purpose of this subpart is to make
demonstration grants to eligible entities to improve the
educational performance and future potential of at-risk
children and youth by providing comprehensive and coordinated
educational and cultural services.
[SEC. 10412. PROGRAM AUTHORIZED.
[(a) In General.--The Secretary is authorized to award grants
to eligible entities to pay the Federal share of the costs of
the activities described in section 10413.
[(b) Special Requirements.--
[(1) In general.--The Secretary shall award grants
under this subpart only to programs designed to--
[(A) promote and enhance educational and
cultural activities;
[(B) provide multi-year services to at-risk
children and youth and to integrate community
cultural resources into in-school and after-
school educational programs;
[(C) provide integration of community
cultural resources into the regular curriculum
and school day;
[(D) focus school and cultural resources in
the community on coordinated cultural services
to address the needs of at-risk children and
youth;
[(E) provide effective cultural programs to
facilitate the transition from preschool
programs to elementary school programs,
including programs under the Head Start Act and
part H of the Individuals with Disabilities
Education Act;
[(F) facilitate school-to-work transition
from secondary schools and alternative schools
to job training, higher education and
employment through educational programs and
activities that utilize school resources;
[(G) increase parental and community
involvement in the educational, social, and
cultural development of at-risk children and
youth; or
[(H)(i) develop programs and strategies that
provide high-quality coordinated educational
and cultural services; and
[(ii) provide a model to replicate such
services in other schools and communities.
[(2) Partnership.--An interagency partnership
comprised of the Secretary of Education, the Chairman
of the National Endowment for the Humanities, the
Chairman of the National Endowment for the Arts, and
the Director of the Institute of Museum and Library
Services, or their designees, shall establish criteria
and procedures for awarding grants, including the
establishment of panels to review the applications, and
shall administer the grants program authorized by this
section. The Secretary shall publish such criteria and
procedures in the Federal Register.
[(3) Coordination.--Grants may only be awarded under
this subpart to eligible entities that agree to
coordinate activities carried out under other Federal,
State, and local grants, received by the members of the
partnership for purposes and target populations
described in this subpart, into an integrated service
delivery system located at a school, cultural, or other
community-based site accessible to and utilized by at-
risk youth.
[(4) Eligible entities.--For purposes of this
subpart, the term ``eligible entity'' means a
partnership between--
[(A) a local educational agency or an
individual school that is eligible to
participate in a schoolwide program under
section 1114; and
[(B) at least one institution of higher
education, museum, local arts agency, or
cultural entity that is accessible to
individuals within the school district of such
local educational agency or school, and that
has a history of providing quality services to
the community, which may include--
[(i) nonprofit institutions of higher
education, museums, libraries,
performing, presenting and exhibiting
arts organizations, literary arts
organizations, State and local arts
organizations, cultural institutions,
and zoological and botanical
organizations; or
[(ii) private for-profit entities
with a history of training children and
youth in the arts.
[(5) Geographic distribution.--In awarding grants
under this subpart the Secretary, to the extent
feasible, shall ensure an equitable geographic
distribution of such grants.
[(6) Duration.--Grants made under this subpart may be
renewable for a maximum of five years if the Secretary
determines that the eligible recipient has made
satisfactory progress toward the achievement of the
program objectives described in the application.
[(7) Models.--The Secretary, in consultation with the
Chairman of the National Endowment for the Humanities,
the Chairman of the National Endowment for the Arts and
the director of the Institute of Museum and Library
Services, or their designees, shall submit successful
models under this title to the National Diffusion
Network for review.
[(c) Target Population.--To be eligible for a grant under
this subpart, an eligible entity shall serve--
[(1) students enrolled in schools participating in a
schoolwide program under section 1114 and the families
of such students to the extent practicable;
[(2) out-of-school children and youth at risk of
disadvantages resulting from teenage parenting,
substance abuse, recent migration, disability, limited-
English proficiency, illiteracy, being the child of a
teenage parent, living in a single parent household, or
dropping out of school; or
[(3) any combination of in-school and out-of-school
at-risk children and youth.
[SEC. 10413. AUTHORIZED ACTIVITIES.
[(a) In General.--Grants awarded under this subpart may be
used--
[(1) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational
and cultural programs to strengthen the educational
performance and future potential of in-school or out-
of-school at-risk children and youth through grants,
cooperative agreements, contracts for services, or
administrative coordination;
[(2) to provide at-risk students with integrated
cultural activities designed to develop a love of
learning that fosters the smooth transition of
preschool children to elementary school;
[(3) to design collaborative cultural activities for
students in secondary or alternative schools that
ensure the smooth transition to job training, higher
education, or full employment;
[(4) to provide child care for children of at-risk
students who would not otherwise be able to participate
in the program;
[(5) to provide transportation necessary for
participation in the program;
[(6) to work with existing school personnel to
develop curriculum materials and programs in the arts;
[(7) to work with existing school personnel on staff
development activities that encourage the integration
of the arts into the curriculum;
[(8) for stipends that allow local artists to work
with at-risk children and youth in schools;
[(9) for training individuals who are not trained to
work with children and youth;
[(10) for cultural programs that encourage the active
participation of parents in the education of their
children;
[(11) for programs that use the arts and culture to
reform current school practices, including lengthening
the school day or academic year;
[(12) for equipment or supplies that the Secretary
determines appropriate; and
[(13) for evaluation, administration, and
supervision.
[(b) Planning Grants.--
[(1) Application.--An eligible entity may submit an
application to the Secretary for a planning grant for
an amount not to exceed $50,000. Such grants shall be
for periods of not more than one year.
[(2) Limit on planning grants.--Not more than 10
percent of the amounts appropriated in each fiscal year
under this subpart shall be used for grants under this
subsection, and an eligible entity may receive not more
than one such planning grant.
[(c) General Provisions.--
[(1) In general.--Each eligible entity desiring a
grant under this subpart shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
[(2) Contents.--Each application submitted pursuant
to paragraph (1) shall--
[(A) describe the cultural entity or entities
that will participate in the partnership;
[(B) describe the target population to be
served;
[(C) describe the services to be provided;
[(D) describe a plan for evaluating the
success of the program;
[(E) in the case of each local educational
agency or school participating in the eligible
recipient partnership, describe how the
activities assisted under this subpart will be
perpetuated beyond the duration of the grant;
[(F) describe the manner in which the
eligible entity will improve the educational
achievement or future potential of at-risk
youth through more effective coordination of
cultural services in the community;
[(G) describe the overall and operational
goals of the program;
[(H) describe the nature and location of all
planned sites where services will be delivered
and a description of services which will be
provided at each site; and
[(I) describe training that will be provided
to individuals who are not trained to work with
children and youth, and how teachers will be
involved.
[SEC. 10414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.
[(a) Payments.--
[(1) In general.--The Secretary shall pay to each
eligible recipient having an application approved under
section 10413(c) the Federal share of the cost of the
activities described in the application.
[(2) Special rule.--(A) Grants awarded under this
subpart shall be of sufficient size, scope, and quality
to be effective.
[(B) The Secretary shall award grants under this
subpart so as to ensure nonduplication of services
provided by grant recipients and services provided by--
[(i) the National Endowment for the
Humanities;
[(ii) the National Endowment for the Arts;
and
[(iii) the Institute of Museum and
Library Services.
[(b) Cost Share.--
[(1) Federal share.--The Federal share of a grant
under this subpart shall be 80 percent of the cost of
carrying out the activities described in the
application.
[(2) Non-federal share.--The non-Federal share of a
grant under this subpart shall be 20 percent of the
cost of carrying out the activities described in the
application and may be in cash or in kind, fairly
evaluated, including the provision of equipment,
services, or facilities.
[(c) Limitations.--
[(1) Noninstructional services.--Not more than 25
percent of the grant funds provided in any fiscal year
under this subpart may be used for noninstructional
activities such as the activities described in
paragraphs (4), (5), and (12) of section 10413(a).
[(2) Supplement and not supplant.--Grant funds
awarded under this part shall be used to supplement not
supplant the amount of funds made available from non-
Federal sources, for the activities assisted under this
subpart, in amounts that exceed the amounts expended
for such activities in the year preceding the year for
which the grant is awarded.
[(3) Administrative costs.--(A) The Secretary may
reserve not more than five percent of the grant funds
received under this subpart in each fiscal year for the
costs of administration.
[(B) Each eligible recipient may reserve not more
than 5 percent of any grant funds received under this
subpart in each fiscal year for the costs of
administration.
[SEC. 10415. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years.]
* * * * * * *
[PART F--CIVIC EDUCATION
[SEC. 10601. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOCRACY IN
THE UNITED STATES.
[(a) General Authority.--
[(1) Program established.--(A) The Secretary is
authorized to carry out a program to enhance the
attainment of the third and sixth National Education
Goals by educating students about the history and
principles of the Constitution of the United States,
including the Bill of Rights, and to foster civic
competence and responsibility.
[(B) Such program shall be known as ``We the People .
. . The Citizen and the Constitution''.
[(2) Educational activities.--The program required by
paragraph (1) shall--
[(A) continue and expand the educational
activities of the ``We the People . . . The
Citizen and the Constitution'' program
administered by the Center for Civic Education;
and
[(B) enhance student attainment of
challenging content standards in civics and
government.
[(3) Contract or grant authorized.--The Secretary is
authorized to award a grant or enter into a contract
with the Center for Civic Education to carry out the
program described in paragraph (1).
[(b) Program Content.--The education program authorized by
this section shall provide--
[(1) a course of instruction on the basic principles
of our Nation's constitutional democracy and the
history of the Constitution and the Bill of Rights;
[(2) at the request of a participating school, school
and community simulated congressional hearings
following the course of study; and
[(3) an annual national competition of simulated
congressional hearings for secondary students who wish
to participate in such program.
[(c) Availability of Program.--The education program
authorized by this section shall be made available to public
and private elementary and secondary schools in the 435
congressional districts, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the District of
Columbia.
[(d) Special Rule.--After the provisions of subsection (b)
have been implemented, funds provided under this section may be
used for--
[(1) advanced training of teachers about the United
States Constitution and the political system the United
States created; or
[(2) a course of instruction at the middle school
level on the roles of State and local governments in
the Federal system established by the Constitution,
which course shall provide for--
[(A) optional school and community simulated
State legislative hearings;
[(B) an annual competition of simulated
legislative hearings at the State legislative
district, State, and national levels for middle
school students who wish to participate in the
program; and
[(C) participation by public and private
middle schools in the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, and
the Commonwealth of the Northern Mariana
Islands.
[SEC. 10602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
[(a) Program Established.--The Secretary is authorized to
carry out a program of awarding grants and contracts to assist
State and local educational agencies and other public and
private nonprofit agencies, organizations, and institutions to
enhance--
[(1) attainment by students of challenging State
content standards and challenging State student
performance standards in civics, government, and the
law; and
[(2) attainment by the Nation of the third and the
sixth National Education Goals.
[(b) Authorized Activities.--Assistance under this section
may support new and ongoing programs in elementary and
secondary schools that provide for--
[(1) the development and implementation of curricular
programs that enhance student understanding of--
[(A) the values and principles which
underlie, and the institutions and processes
which comprise, our Nation's system of
government;
[(B) the role of law in our constitutional
democracy, including activities to promote--
[(i) legal literacy;
[(ii) a dedication by students to the
use of nonviolent means of conflict
resolution such as arbitration,
mediation, negotiation, trials, and
appellate hearings; and
[(iii) respect for cultural diversity
and acceptance of cultural differences;
and
[(C) the rights and responsibilities of
citizenship;
[(2) professional development for teachers, including
preservice and inservice training;
[(3) outside-the-classroom learning experiences for
students, including community service activities;
[(4) the active participation of community leaders,
from the public and private sectors, in the schools;
and
[(5) the provision of technical assistance to State
and local educational agencies and other institutions
and organizations working to further the progress of
the Nation in attaining the third and sixth National
Education Goals regarding civics and government.
[(c) Applications, Peer Review and Priority.--
[(1) Submission of applications.--A State or local
educational agency, other public or private nonprofit
agency, organization, or institution that desires to
receive a grant or enter into a contract under this
section shall submit an application to the Secretary at
such time, in such manner, and containing or
accompanied by such information as the Secretary may
reasonably require.
[(2) Peer review.--(A) The Secretary shall convene a
panel of individuals for purpose of reviewing and
rating applications submitted under paragraph (1).
[(B) Such individuals shall have experience with
education programs in civics, government, and the law.
[(3) Priority.--In awarding grants or awarding
contracts under this section, the Secretary shall give
priority consideration to applications which propose
the operation of statewide programs.
[(d) Duration of Grants and Exception.--
[(1) Duration.--Except as provided in paragraph (2),
the Secretary shall award grants and contracts under
this section for periods of two or three years.
[(2) Exception.--The Secretary may award a grant or a
contract under this section for a period of less than 2
years if the Secretary determines that special
circumstances exist which warrant a 1-year grant or
contract award.
[SEC. 10603. REPORT; AUTHORIZATION OF APPROPRIATIONS.
[(a) Report.--The Secretary shall report, on a biennial basis
to the Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate regarding the distribution and use of
funds authorized under this part.
[(b) Authorization of Appropriations.--
[(1) General.--There are authorized to be
appropriated to carry out this part $15,000,000 for
fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
[(2) Allocation.--Except as provided in paragraph
(3), from the amount appropriated under subsection (a),
the Secretary shall allocate--
[(A) 40 percent of such amount to carry out
section 10601; and
[(B) 60 percent of such amount to carry out
section 10602.
[(3) Special rule.--From funds appropriated under
paragraph (1), the Secretary shall make available for
fiscal year 1995 and each succeeding fiscal year
thereafter for the programs under sections 16101 and
16102 not less than the amount made available for
fiscal year 1994 to carry out such programs under
sections 4609 and 1562, respectively, of this Act (as
such sections were in effect on the day preceding the
date of enactment of the Improving America's Schools
Act of 1994).
[PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
[SEC. 10701. FINDINGS.
[The Congress finds as follows:
[(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible
citizenship and that all students should have the
opportunity to be involved in activities that promote
and demonstrate good citizenship.
[(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued
improvement of their professional skills.
[(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had
a distinguished career in public service characterized
by extraordinary energy and real concern for young
people. Senator Ellender provided valuable support and
encouragement to the Close Up Foundation, a
nonpartisan, nonprofit foundation promoting knowledge
and understanding of the Federal Government among young
people and educators. Therefore, it is a fitting and
appropriate tribute to Senator Ellender to provide
fellowships in his name to students of limited economic
means, the teachers who work with such students, and
older Americans, so that such students, teachers, and
older Americans may participate in the programs
supported by the Close Up Foundation.
[Subpart 1--Program for Middle and Secondary School Students
[SEC. 10711. ESTABLISHMENT.
[(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the
Close Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs of
increasing understanding of the Federal Government among middle
and secondary school students.
[(b) Use of Funds.--Grants under this subpart shall be used
only to provide financial assistance to economically
disadvantaged students who participate in the program described
in subsection (a). Financial assistance received pursuant to
this subpart by such students shall be known as Allen J.
Ellender fellowships.
[SEC. 10712. APPLICATIONS.
[(a) Application Required.--No grant under this subpart may
be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
[(b) Contents of Application.--Each such application shall
contain provisions to assure--
[(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
[(2) that every effort will be made to ensure the
participation of students from rural and small town
areas, as well as from urban areas, and that in
awarding fellowships to economically disadvantaged
students, special consideration will be given to the
participation of students with special educational
needs, including student with disabilities, ethnic
minority students, and gifted and talented students;
and
[(3) the proper disbursement of the funds received
under this subpart.
[Subpart 2--Program for Middle and Secondary School Teachers
[SEC. 10721. ESTABLISHMENT.
[(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the
Close Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs of
teaching skills enhancement for middle and secondary school
teachers.
[(b) Use of Funds.--Grants under this subpart shall be used
only for financial assistance to teachers who participate in
the program described in subsection (a). Financial assistance
received pursuant to this subpart by such individuals shall be
known as Allen J. Ellender fellowships.
[SEC. 10722. APPLICATIONS.
[(a) Application Required.--No grant under this subpart may
be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
[(b) Contents of Application.--Each such application shall
contain provisions to assure--
[(1) that fellowship grants are made only to teachers
who have worked with at least one student from such
teacher's school who participates in the programs
described in section 10711(a);
[(2) that not more than one teacher in each school
participating in the programs provided for in section
10711(a) may receive a fellowship in any fiscal year;
and
[(3) the proper disbursement of the funds received
under this subpart.
[Subpart 3--Programs for Recent Immigrants, Students of Migrant Parents
and Older Americans
[SEC. 10731. ESTABLISHMENT.
[(a) General Authority.--
[(1) In general.--The Secretary is authorized to make
grants in accordance with the provisions of this
subpart to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of increasing
understanding of the Federal Government among
economically disadvantaged older Americans, recent
immigrants and students of migrant parents.
[(2) Definition.--For the purpose of this subpart,
the term ``older American'' means an individual who has
attained 55 years of age.
[(b) Use of Funds.--Grants under this subpart shall be used
for financial assistance to economically disadvantaged older
Americans, recent immigrants and students of migrant parents
who participate in the program described in subsection (a).
Financial assistance received pursuant to this subpart by such
individuals shall be known as Allen J. Ellender fellowships.
[SEC. 10732. APPLICATIONS.
[(a) Application Required.--No grant under this subpart may
be made except upon application at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
[(b) Contents of Application.--Except such application shall
contain provisions to assure--
[(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and
students of migrant parents;
[(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town
areas, as well as from urban areas, and that in
awarding fellowships, special consideration will be
given to the participation of older Americans, recent
immigrants and students of migrant parents with special
needs, including individuals with disabilities, ethnic
minorities, and gifted and talented students;
[(3) that activities permitted by subsection (a) are
fully described; and
[(4) the proper disbursement of the funds received
under this subpart.
[Subpart 4--General Provisions
[SEC. 10741. ADMINISTRATIVE PROVISIONS.
[(a) General Rule.--Payments under this part may be made in
installments, in advance, or by way of reimbursement, with
necessary adjustments on account of underpayment or
overpayment.
[(b) Audit Rule.--The Comptroller General of the United
States or any of the Comptroller General's duly authorized
representatives shall have access for the purpose of audit and
examination to any books, documents, papers, and records that
are pertinent to any grant under this part.
[SEC. 10742. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out the provisions of subparts 1, 2, and 3 of this part
$4,400,000 for fiscal year 1995 and such sums as may be
necessary of each of the four succeeding fiscal years.
[(b) Special Rule.--Of the funds appropriated pursuant to
subsection (a), not more than 30 percent may be used for
teachers associated with students participating in the programs
described in section 10711(a).
[PART I--21ST CENTURY COMMUNITY LEARNING CENTERS
[SEC. 10901. SHORT TITLE.
[This part may be cited as the ``21st Century Community
Learning Centers Act''.
[SEC. 10902. FINDINGS.
[The Congress finds that--
[(1) a local public school often serves as a center
for the delivery of education and human resources for
all members of a community;
[(2) public schools, primarily in rural and inner
city communities, should 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, for the purpose of meeting the needs of, and
expanding the opportunities available to, the residents
of the communities served by such schools;
[(3) by using school facilities, equipment, and
resources, 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) the high technology, global economy of the 21st
century will require lifelong learning to keep
America's workforce competitive and successful, and
local public schools should provide centers for
lifelong learning and educational opportunities for
individuals of all ages; and
[(5) 21st Century Community Learning Centers enable
the entire community to develop an education strategy
that addresses the educational needs of all members of
local communities.
[SEC. 10903. 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. 10904. 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. 10905. 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. 10906. 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. 10907. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out this part.
[PART J--URBAN AND RURAL EDUCATION ASSISTANCE
[SEC. 10951. AUTHORIZATION OF APPROPRIATIONS.
[(a) Demonstration Grants.--
[(1) In general.--There are authorized to be
appropriated $125,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the four
succeeding fiscal years, to carry out subparts 1 and 2
(other than section 10975).
[(2) Reservation for subpart 1.--The Secretary shall
reserve 50 percent of the amount appropriated under
paragraph (1) to carry out subpart 1.
[(3) Reservation for subpart 2.--The Secretary shall
reserve 50 percent of the amount appropriated under
paragraph (1) to carry out subpart 2 (other than
section 10975).
[(b) Higher Education Grants.--There are authorized to be
appropriated $25,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years
to carry out section 10975.
[(c) Federal Funds To Supplement Not Supplant Non-Federal
Funds.--An eligible local educational agency may use funds
received under this part only to supplement and, to the extent
practicable, increase the level of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for the education of students participating in
activities assisted under this part, and in no such case may
such funds be used to supplant funds from non-Federal sources.
[SEC. 10952. DEFINITIONS.
[Except as otherwise provided, for the purposes of this part:
[(1) Central city.--The term ``central city'' has the
same meaning used by the Bureau of the Census.
[(2) Metropolitan statistical area.--The term
``metropolitan statistical area'' has the same meaning
used by the Bureau of the Census.
[(3) Poverty level.--The term ``poverty level'' means
the criteria of poverty used by the Bureau of the
Census in compiling the most recent decennial census.
[(4) Rural eligible local educational agency.--The
term ``rural eligible local educational agency'' means
a local educational agency--
[(A)(i) in which at least 15 percent of the
children enrolled in the schools served by such
agency are eligible to be counted under part A
of title I; and
[(ii) which is not in a metropolitan
statistical area; or
[(B) in which the total enrollment in the
schools served by such agency is less than
2,500 students and that does not serve schools
located in a metropolitan statistical area.
[(5) Urban eligible local educational agency.--The
term ``urban eligible local educational agency'' means
a local educational agency that--
[(A) serves the largest central city in a
State;
[(B) enrolls more than 30,000 students and
serves a central city with a population of at
least 200,000 in a metropolitan statistical
area; or
[(C) enrolls between 25,000 and 30,000
students and serves a central city with a
population of at least 140,000 in a
metropolitan statistical area.
[Subpart 1--Urban Education Demonstration Grants
[SEC. 10961. FINDINGS.
[The Congress finds that--
[(1) the ability of the Nation's major urban public
school systems to meet the Nation's educational goals
will determine the country's economic competitiveness
and academic standing in the world community;
[(2) the quality of public education in the Nation's
major urban areas has a direct effect on the economic
development of the Nation's inner-cities;
[(3) the success of urban public schools in boosting
the achievement of its minority youth attending such
schools will determine the ability of the Nation to
close the gap between the ``haves and the have-nots''
in society;
[(4) the cost to America's businesses to provide
remedial education to high school graduates is
approximately $21,000,000,000 per year;
[(5) approximately one-third of the Nation's
workforce will be members of minority groups by the
year 2000;
[(6) urban schools enroll a disproportionately large
share of the Nation's poor and ``at-risk'' youth;
[(7) urban schools enroll approximately one-third of
the Nation's poor, 40 percent of the Nation's African
American children, and 30 percent of the Nation's
Hispanic youth;
[(8) nearly 20 percent of the Nation's limited-
English-proficient children and 15 percent of the
Nation's disabled youth are enrolled in urban public
schools;
[(9) the academic performance of students in the
average inner-city public school system is below that
of students in most other kinds of school systems;
[(10) urban public school systems have higher dropout
rates, more problems with health care, and less
parental participation than other kinds of school
systems;
[(11) urban preschoolers have one-half the access to
early childhood development programs as do other
children;
[(12) shortages of teachers in urban public school
systems are 2.5 times greater than such shortages in
other kinds of school systems;
[(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational
opportunities;
[(14) urban public school systems have greater
problems with teenage pregnancy, discipline, drug
abuse, and gangs than do other kinds of school systems;
[(15) 75 percent of urban public school buildings are
over 25 years old, 33 percent of such buildings are
over 50 years old, and such buildings are often in
serious disrepair and create poor and demoralizing
working and learning conditions;
[(16) solving the challenges facing our Nation's
urban schools will require the concerted and
collaborative efforts of all levels of government and
all sectors of the community;
[(17) Federal and State funding of urban public
schools has not adequately reflected need; and
[(18) Federal funding that is well-targeted,
flexible, and accountable would contribute
significantly to addressing the comprehensive needs of
inner-city public schools.
[SEC. 10962. PURPOSE.
[It is the purpose of this subpart to provide financial
assistance to--
[(1) assist urban public schools in meeting the
National Education Goals;
[(2) improve the educational and social well-being of
urban public school children;
[(3) close the achievement gap between urban and
nonurban public school children, while improving the
achievement level of all children nationally;
[(4) conduct coordinated research on urban public
education problems, solutions, and promising practices;
[(5) improve the Nation's global economic and
educational competitiveness by improving the Nation's
urban schools; and
[(6) encourage community, parental, and business
collaboration in the improvement of urban schools.
[SEC. 10963. URBAN SCHOOL GRANTS.
[(a) Authority.--The Secretary is authorized to make grants
to eligible local educational agencies serving an urban area or
State educational agencies in the case where the State
educational agency is the local educational agency for
activities designed to assist in local school improvement
efforts and school reform, and to assist the schools of such
agencies in meeting the National Education Goals.
[(b) Authorized Activities.--Funds under this section may be
used to--
[(1) increase the academic achievement of urban
public school children to at least the national
average, such as--
[(A) effective public schools programs;
[(B) tutoring, mentoring, and other
activities to improve academic achievement
directly;
[(C) activities designed to increase the
participation of minority and female students
in entry level and advanced courses in
mathematics and science;
[(D) supplementary academic instruction;
[(E) efforts to improve problem-solving and
higher-order thinking skills;
[(F) programs to increase student motivation
for learning; and
[(G) efforts to lengthen the school day or
school year, or to reduce class sizes;
[(2) ensure the readiness of all urban public school
children for school, such as--
[(A) full workday, full calendar-year
comprehensive early childhood development
programs;
[(B) parenting classes and parent involvement
activities;
[(C) activities designed to coordinate
prekindergarten and child care programs;
[(D) efforts to integrate developmentally
appropriate prekindergarten services into the
overall public school program;
[(E) upgrading the qualifications of early
childhood education staff and standards for
programs;
[(F) collaborative efforts with health and
social service agencies to provide
comprehensive services and to facilitate the
transition from home to school;
[(G) establishment of comprehensive child
care centers in public secondary schools for
students who are parents and their children;
and
[(H) augmenting early childhood development
programs to meet the special educational and
cultural needs of limited-English-proficient
preschool children;
[(3) increase the graduation rates of urban public
school students to at least the national average, such
as--
[(A) dropout prevention activities and
support services for public school students at-
risk of dropping out of school;
[(B) reentry, outreach, and support
activities to recruit students who have dropped
out of school to return to school;
[(C) development of systemwide policies and
practices that encourage students to stay in
school;
[(D) efforts to provide individualized
student support, such as mentoring programs;
[(E) collaborative activities between
schools, parents, community groups, agencies,
and institutions of higher education aimed at
preventing individuals from dropping out of
school;
[(F) programs to increase student attendance;
and
[(G) alternative programs for students,
especially bilingual and special education
students, who have dropped out of school or are
at risk of dropping out of school;
[(4) prepare urban public school students to enter
higher education, pursue careers, and exercise their
responsibilities as citizens, such as--
[(A) activities designed to increase the
number and percentages of students,
particularly minority students, enrolling in
postsecondary educational institutions after
graduation from public secondary schools;
[(B) in-school youth employment, vocational
education, and career education programs that
improve the transition from school to work;
[(C) activities designed in collaboration
with colleges and universities to assist urban
public school graduates in completing higher
education;
[(D) efforts to increase voter registration
among eligible public secondary school
students;
[(E) activities designed to promote community
service and volunteerism among students,
parents, teachers, and the community; and
[(F) civic education and other programs
designed to enhance responsible citizenship and
understanding of the political process;
[(5) recruit and retain qualified teachers, such as--
[(A) school-based management projects and
activities;
[(B) programs designed to test efforts to
increase the professionalization of teachers or
to bring teachers up to national voluntary
standards;
[(C) alternative routes to certification for
qualified individuals from business, the
military, and other fields;
[(D) efforts to recruit and retain teachers,
particularly minority teachers, specializing in
critical shortage areas, including early
childhood teachers, mathematics and science
teachers, and special education and bilingual
teachers;
[(E) upgrading the skills of teacher aides
and paraprofessionals to permit such
individuals to become certified teachers;
[(F) activities specifically designed to
increase the number of minority teachers in
urban schools;
[(G) incentives for teachers to work in
inner-city public schools; and
[(H) collaborative activities with urban
universities to revise and upgrade teacher
training programs;
[(6) provide for ongoing staff development to
increase the professional capacities of the teaching
staff and the skills of teacher aides and
paraprofessionals;
[(7) decrease the use of drugs and alcohol among
urban public school students and enhance the physical
and emotional health of such students, such as--
[(A) activities designed to improve the self-
esteem and self-worth of urban public school
students;
[(B) the provision of health care services
and other social services and the coordination
of such services with other health care
providers;
[(C) programs designed to improve safety and
discipline and reduce in-school violence,
vandalism, and gang activity;
[(D) activities that begin in the early
grades and are designed to prevent drug and
alcohol abuse and smoking among students and
teachers;
[(E) collaborative activities with other
agencies, businesses, and community groups to
discourage the advertisement and glorification
of drugs and alcohol;
[(F) efforts to enhance health education and
nutrition education; and
[(G) alternative public schools, and schools-
within-schools programs, including bilingual
and special education programs for public
school students with special needs; or
[(8) plan, develop, operate, or expand programs and
activities that are designed to assist urban public
schools in meeting the National Education Goals,
including--
[(A) training of teachers and other
educational personnel in subject areas, or in
instructional technology and methods that will
improve the delivery of services in urban
settings and assist in the achievement of the
National Education Goals, including staff
development efforts that emphasize
multicultural and gender and disability bias-
free curricula;
[(B) coordination and collaboration with
other municipal agencies, child care
organizations, universities, or the private
sector;
[(C) parental involvement and outreach
efforts and other activities designed to
enhance parental encouragement of student
learning;
[(D) pupil services and other support
services that contribute to progress in
achieving National Education Goals;
[(E) efforts to acquire and improve access to
educational technology;
[(F) assist the schools most in need of
services by replicating successful efforts of
other urban local educational agencies and
expanding successful programs within the
eligible agency; or
[(G) efforts to improve and strengthen the
curriculum and coordinate services across grade
levels.
[(c) Applications.--
[(1) In general.--An eligible 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 reasonably require,
consistent with this section.
[(2) Duration.--An application submitted pursuant to
paragraph (1) may be for a period of not more than five
years.
[(d) Payments.--The Secretary shall make an award only to
urban eligible local educational agencies that--
[(1) comply with the provisions of section 10966; and
[(2) demonstrate to the satisfaction of the Secretary
that the data submitted pursuant to section 10961 shows
progress toward meeting National Education Goals.
[(e) Administrative Costs.--Not more than five percent of any
award made under this subpart may be used for administrative
costs.
[SEC. 10964. SPECIAL RULES.
[(a) Special Consideration.--In making awards under this
subpart, the Secretary shall give special consideration to
urban eligible local educational agencies in which there is--
[(1) low achievement;
[(2) high poverty; and
[(3) racial isolation.
[(b) Flexibility.--Each urban eligible local educational
agency shall have the flexibility to serve homeless children,
children in schools undergoing desegregation, immigrants,
migrants, or other highly mobile populations within the program
assisted under this subpart.
[Subpart 2--Rural Education Initiative
[SEC. 10971. SHORT TITLE.
[This subpart may be cited as the ``Rural Education
Achievement Program''.
[SEC. 10972. PURPOSE.
[It is the purpose of this subpart to address the unique
needs of rural school districts that frequently--
[(1) lack the personnel and resources needed to
compete for Federal competitive grants; and
[(2) receive formula allocations in amounts too small
to be effective in meeting their intended purposes.
[SEC. 10973. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart $62,500,000 for fiscal year 2001.
[SEC. 10974. FORMULA GRANT PROGRAM AUTHORIZED.
[(a) Alternative Uses.--
[(1) In general.--Notwithstanding any other provision
of law, an eligible local educational agency may use
the applicable funding, that the agency is eligible to
receive from the State educational agency for a fiscal
year, to carry out local activities authorized in part
A of title I, section 2210(b), section 3134, or section
4116.
[(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 or 8, 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, except for funds made available under
section 321 of the Department of Education Appropriations Act,
2001.
[(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 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
subpart.
[SEC. 10975. 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 local activities authorized
in part A of title I, section 2210(b), section 3134, or section
4116.
[(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 or 8, 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 10974(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 determine for each year the number of
kindergarten through grade 12 students in
average daily attendance at the schools served
by the local educational agency during the
period beginning or the first day of classes
and ending on December 1.
[(B) Submission.--Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
[(4) Penalty.--If the Secretary determines that a
local educational agency has knowingly submitted false
information under paragraph (3) for the purpose of
gaining additional funds under this section, then the
local educational agency shall be fined an amount equal
to twice the difference between the amount the local
educational agency received under this section, and the
correct amount the local educational agency would have
received under this section if the agency had submitted
accurate information under paragraph (3).
[(d) Disbursal.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that year.
[(e) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement and not supplant any
other State or local education funds.
[SEC. 10976. ACCOUNTABILITY.
[(a) Academic Achievement.--
[(1) In general.--Each local educational agency that
uses or receives funds under section 10974 or 10975 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 10974 or
10975 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 10974(c) shall--
[(1) after the third year that a local educational
agency in the State participates in a program
authorized under section 10974 or 10975 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 third 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 3 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 3 years from the date of the
determination.
[SEC. 10977. 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.
[SEC. 10978. APPLICABILITY.
[Sections 10951 and 10952 shall not apply to this subpart.
[Subpart 3--White House Conferences
[SEC. 10981. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.
[(a) Authorization To Call Conference.--
[(1) In general.--The President is authorized to call
and conduct a White House Conference on Urban Education
(referred to in this section as the ``Conference'')
which shall be held not earlier than November 1, 1995,
and not later than October 30, 1996.
[(2) Purpose.--The purpose of the Conference shall be
to--
[(A) develop recommendations and strategies
for the improvement of urban education;
[(B) marshal the forces of the private
sector, governmental agencies at all levels,
parents, teachers, communities, and education
officials to assist urban public schools in
achieving National Education Goals; and
[(C) conduct the initial planning for a
permanent national advisory commission on urban
education.
[(b) Composition of Conference.--
[(1) In general.--The Conference shall be comprised
of 12 individuals, including--
[(A) representatives of urban public school
systems, including members of the governing
body of local educational agencies, and school
superintendents;
[(B) representatives of the Congress, the
Department of Education, and other Federal
agencies;
[(C) State elected officials and
representatives from State educational
agencies; and
[(D) individuals with special knowledge of
and expertise in urban education.
[(2) Selection.--The President shall select one-third
of the participants of the Conference, the majority
leader of the Senate, in consultation with the minority
leader of the Senate, shall select one-third of such
participants, and the Speaker of the House of
Representatives, in consultation with the minority
leader of the House, shall select the remaining one-
third of such participants.
[(3) Representation.--In selecting the participants
of the Conference, the President, the majority leader
of the Senate, and the Speaker of the House of
Representatives shall ensure that the participants are
as representative of the ethnic, racial, and linguistic
diversity of cities as is practicable.
[(c) Report.--
[(1) In general.--Not later than 120 days following
the termination of the Conference, a final report of
the Conference, containing such findings and
recommendations as may be made by the Conference, shall
be submitted to the President. The final report shall
be made public and, not later than 90 days after
receipt by the President, transmitted to the Congress
together with a statement of the President containing
recommendations for implementing the report.
[(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report
described in this section. Copies of the report shall
be provided to the Federal depository libraries and
made available to local urban public school leaders.
[SEC. 10982. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.
[(a) Authorization To Call Conference.--
[(1) In general.--The President is authorized to call
and conduct a White House Conference on Rural Education
(hereafter in this section referred to as the
``Conference'').
[(2) Date.--The Conference shall be held not earlier
than November 1, 1995, and not later than October 30,
1996.
[(3) Purpose.--The purposes of the Conference shall
be to--
[(A) develop recommendations and strategies
for the improvement of rural public education;
[(B) marshal the forces of the private
sector, governmental agencies at all levels,
parents, teachers, communities, and education
officials to assist rural public schools in
achieving National Education Goals, and make
recommendations on the roles rural public
schools can play to assist with local rural
community economic revitalization; and
[(C) conduct the initial planning for a
permanent national commission on rural public
education.
[(b) Composition of Conference.--
[(1) In general.--The Conference shall be comprised
of--
[(A) representatives of eligible public
school systems, including members of the
governing body of local educational agencies,
school superintendents, and classroom teachers;
[(B) representatives of the Congress, the
Department, and other Federal agencies;
[(C) State elected officials and
representatives from State educational
agencies;
[(D) individuals with special knowledge of,
and expertise in, rural education, including
individuals involved with rural postsecondary
education; and
[(E) individuals with special knowledge of,
and expertise in, rural business.
[(2) Selection.--The President shall select one-third
of the participants of the Conference, the majority
leader of the Senate, in consultation with the minority
leader of the Senate, shall select one-third of such
participants, and the Speaker of the House of
Representatives, in consultation with the minority
leader of the House, shall select the remaining one-
third of such participants.
[(3) Representation.--In selecting the participants
of the Conference, the President, the majority leader
of the Senate, and the Speaker of the House of
Representatives shall ensure that the participants are
as representative of the ethnic, racial, and language
diversity of rural areas as is practicable.
[(c) Report.--
[(1) In general.--Not later than 120 days following
the termination of the Conference, a final report of
the Conference, containing such findings and
recommendations as may be made by the Conference, shall
be submitted to the President. The final report shall
be made public and, not later than 90 days after
receipt by the President, transmitted to the Congress
together with a statement of the President containing
recommendations for implementing the report.
[(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report
described in this section. Copies of the report shall
be provided to the Federal depository libraries and
made available to local rural school leaders and
teachers.]
* * * * * * *
[PART L--PHYSICAL EDUCATION FOR PROGRESS
[SEC. 10999A. SHORT TITLE.
[This part may be cited as the ``Physical Education for
Progress Act''.
[SEC. 10999B. PURPOSE.
[The purpose of this part is to award grants and contracts to
local educational agencies to enable the local educational
agencies to initiate, expand and improve physical education
programs for all kindergarten through 12th grade students.
[SEC. 10999C. FINDINGS.
[Congress makes the following findings:
[(1) Physical education is essential to the
development of growing children.
[(2) Physical education helps improve the overall
health of children by improving their cardiovascular
endurance, muscular strength and power, and
flexibility, and by enhancing weight regulation, bone
development, posture, skillful moving, active lifestyle
habits, and constructive use of leisure time.
[(3) Physical education helps improve the self
esteem, interpersonal relationships, responsible
behavior, and independence of children.
[(4) Children who participate in high quality daily
physical education programs tend to be more healthy and
physically fit.
[(5) The percentage of young people who are
overweight has more than doubled in the 30 years
preceding 1999.
[(6) Low levels of activity contribute to the high
prevalence of obesity among children in the United
States.
[(7) Obesity related diseases cost the United States
economy more than $100,000,000,000 every year.
[(8) Inactivity and poor diet cause at least 300,000
deaths a year in the United States.
[(9) Physically fit adults have significantly reduced
risk factors for heart attacks and stroke.
[(10) Children are not as active as they should be
and fewer than one in four children get 20 minutes of
vigorous activity every day of the week.
[(11) The Surgeon General's 1996 Report on Physical
Activity and Health, and the Centers for Disease
Control and Prevention, recommend daily physical
education for all students in kindergarten through
grade 12.
[(12) Twelve years after Congress passed House
Concurrent Resolution 97, 100th Congress, agreed to
December 11, 1987, encouraging State and local
governments and local educational agencies to provide
high quality daily physical education programs for all
children in kindergarten through grade 12, little
progress has been made.
[(13) Every student in our Nation's schools, from
kindergarten through grade 12, should have the
opportunity to participate in quality physical
education. It is the unique role of quality physical
education programs to develop the health-related
fitness, physical competence, and cognitive
understanding about physical activity for all students
so that the students can adopt healthy and physically
active lifestyles.
[SEC. 10999D. PROGRAM AUTHORIZED.
[The Secretary is authorized to award grants to, and enter
into contracts with, local educational agencies to pay the
Federal share of the costs of initiating, expanding, and
improving physical education programs for kindergarten through
grade 12 students by--
[(1) providing equipment and support to enable
students to actively participate in physical education
activities; and
[(2) providing funds for staff and teacher training
and education.
[SEC. 10999E. APPLICATIONS; PROGRAM ELEMENTS.
[(a) Applications.--Each local educational agency desiring a
grant or contract under this part shall submit to the Secretary
an application that contains a plan to initiate, expand, or
improve physical education programs in the schools served by
the agency in order to make progress toward meeting State
standards for physical education.
[(b) Program Elements.--A physical education program
described in any application submitted under subsection (a) may
provide--
[(1) fitness education and assessment to help
children understand, improve, or maintain their
physical well-being;
[(2) instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
child;
[(3) development of cognitive concepts about motor
skill and physical fitness that support a lifelong
healthy lifestyle;
[(4) opportunities to develop positive social and
cooperative skills through physical activity
participation;
[(5) instruction in healthy eating habits and good
nutrition; and
[(6) teachers of physical education the opportunity
for professional development to stay abreast of the
latest research, issues, and trends in the field of
physical education.
[(c) Special Rule.--For the purpose of this part,
extracurricular activities such as team sports and Reserve
Officers' Training Corps (ROTC) program activities shall not be
considered as part of the curriculum of a physical education
program assisted under this part.
[SEC. 10999F. PROPORTIONALITY.
[The Secretary shall ensure that grants awarded and contracts
entered into under this part shall be equitably distributed
between local educational agencies serving urban and rural
areas, and between local educational agencies serving large and
small numbers of students.
[SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.
[An application for funds under this part may provide for the
participation, in the activities funded under this part, of--
[(1) home-schooled children, and their parents and
teachers; or
[(2) children enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers.
[SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.
[As a condition to continue to receive grant or contract
funding after the first year of a multiyear grant or contract
under this part, the administrator of the grant or contract for
the local educational agency shall submit to the Secretary an
annual report that describes the activities conducted during
the preceding year and demonstrates that progress has been made
toward meeting State standards for physical education.
[SEC. 10999I. REPORT TO CONGRESS.
[The Secretary shall submit a report to Congress not later
than June 1, 2003, that describes the programs assisted under
this part, documents the success of such programs in improving
physical fitness, and makes such recommendations as the
Secretary determines appropriate for the continuation and
improvement of the programs assisted under this part.
[SEC. 10999J. ADMINISTRATIVE COSTS.
[Not more than 5 percent of the grant or contract funds made
available to a local educational agency under this part for any
fiscal year may be used for administrative costs.
[SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.
[(a) Federal Share.--The Federal share under this part may
not exceed--
[(1) 90 percent of the total cost of a project for
the first year for which the project receives
assistance under this part; and
[(2) 75 percent of such cost for the second and each
subsequent such year.
[(b) Supplement Not Supplant.--Funds made available under
this part shall be used to supplement and not supplant other
Federal, State and local funds available for physical education
activities.
[SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $30,000,000 for
fiscal year 2001, $70,000,000 for fiscal year 2002, and
$100,000,000 for each of the fiscal years 2003 through 2005, to
carry out this part. Such funds shall remain available until
expended.
[TITLE XI--COORDINATED SERVICES
[SEC. 11001. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds the following:
[(1) Growing numbers of children are negatively
affected by influences outside of the classroom which
increase such children's risk of academic failure.
[(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of
child care, and substance abuse, adversely affect
family relationships and the ability of a child to
learn.
[(3) Parents and other caregivers in today's high
pressure society often face demands which place
restraints on such parents' and caregivers' time and
affect such parents' and caregivers' ability to
adequately provide for the needs of the families of
such parents and caregivers.
[(4) Access to health and social service programs can
address the basic physical and emotional needs of
children so that children can fully participate in the
learning experiences offered children in school.
[(5) Services for at-risk students need to be more
convenient, and less fragmented, regulated and
duplicative, in order to meet the needs of children and
their families.
[(6) School personnel, parents, and support service
providers often lack knowledge of, and access to,
available services for at-risk students and their
families in the community, and have few resources to
coordinate services and make services accessible.
[(7) Service providers, such as teachers, social
workers, health care and child care providers, juvenile
justice workers and others, are often trained in
separate disciplines that provide little support for
the coordination of services.
[(8) Coordination of services is more cost effective
because such coordination substitutes prevention for
expensive crisis intervention.
[(9) Coordinating health and social services with
education can help the Nation meet the National
Education Goals by ensuring better outcomes for
children.
[(b) Purpose of Coordinating Services.--The purpose of this
title is to provide elementary and secondary school students
and their families better access to the social, health and
education services necessary for students to succeed in school
and for their families to take an active role in ensuring that
such students receive the best possible education.
[SEC. 11002. DEFINITIONS.
[For the purpose of this title--
[(1) the term ``coordinated services project'' means
a comprehensive approach to meeting the educational,
health, social service, and other needs of children and
their families, including foster children and their
foster families, through a communitywide partnership
that links public and private agencies providing such
services or access to such services through a
coordination site at or near a school; and
[(2) the term ``eligible entity'' means a local
educational agency, school, or a consortium of schools.
[SEC. 11003. AUTHORITY.
[In order to use funds made available under section 14206(b)
for the development, or the implementation or expansion, of a
coordinated service project an eligible entity shall have an
application approved under subsection (b) or (c), respectively,
of section 11004.
[SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.
[(a) Applications.--Each eligible entity desiring to use
funds made available under section 14206(b) shall submit an
application to the Secretary at such time, in such manner and
accompanied by such information as the Secretary may reasonably
require.
[(b) Project Development Plan.--The application for the
development of the coordinated services project under this
title shall cover a period of not more than 1 year and shall
include a plan that--
[(1) demonstrates that an assessment will be
performed of the economic, social, and health barriers
to educational achievement experienced by children and
families, including foster children and their foster
families, in the community, and the local, State,
Federal, and privately funded services available to
meet such needs;
[(2) identifies the measures that will be taken to
establish a communitywide partnership that links public
and private agencies providing services to children and
families; and
[(3) identifies any other measures that will be taken
to develop a comprehensive plan for the implementation
or expansion of a coordinated services project.
[(c) Project Implementation or Expansion Plan.--The
application for the implementation or expansion of a
coordinated services project under this title shall contain a
plan that includes--
[(1) the results of a children and families needs
assessment, which shall include an assessment of the
needs of foster children;
[(2) a description of the entities operating the
coordinated services project;
[(3) a description of the proposed coordinated
services project, the objectives of such project, where
such project will be located, and the staff that will
be used to carry out such project;
[(4) a description of how the success of the
coordinated services project will be evaluated;
[(5) a description of the training to be provided to
teachers and appropriate personnel;
[(6) information regarding whether a sliding scale
fee for services will be employed, and if not, an
explanation of why such scale is not feasible; and
[(7) when applicable, strategies to ensure that the
health and welfare needs of migratory families are
addressed.
[SEC. 11005. USES OF FUNDS.
[(a) Uses.--
[(1) In general.--Funds made available under section
14206(b) may be used for planning for, or the
implementation or expansion of, activities which
include--
[(A) hiring a services coordinator;
[(B) making minor renovations to existing
buildings;
[(C) purchasing basic operating equipment;
[(D) improving communications and
information-sharing among entities
participating in the coordinated services
project;
[(E) providing training to teachers and
appropriate personnel concerning such teacher's
and personnel's role in a coordinated services
project; or
[(F) conducting the needs assessment required
in section 11004(b)(1).
[(2) Prohibition.--Funds made available under section
14206(b) shall not be used for the direct provision of
any health or health-related services.
[(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--An eligible entity shall use funds received under this
title only to supplement the amount of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for coordinated services, and not to supplant
such funds.
[SEC. 11006. CONTINUING AUTHORITY.
[The Secretary shall prohibit an eligible entity from using
funds made available under section 14206(b) if the Secretary
determines that the coordinated services project assisted under
this title is not achieving effective coordination after two
years of implementation of such project.
[SEC. 11007. FEDERAL AGENCY COORDINATION.
[(a) Agency Coordination.--The Secretaries of Education,
Health and Human Services, Labor, Housing and Urban
Development, Treasury, and Agriculture, and the Attorney
General shall review the programs administered by their
agencies to identify barriers to service coordination.
[(b) Report to Congress.--Such Secretaries and the Attorney
General shall submit jointly a report to the Congress not later
than two years after the date of the enactment of the Improving
America's Schools Act of 1994, based on the review required
under subsection (a) recommending legislative and regulatory
action to address such barriers, and during the time preceding
the submission of such report, shall use waiver authorities
authorized under this and other Acts to address such barriers.
[TITLE XII--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT ACT
[SEC. 12001. SHORT TITLE.
[This title may be cited as the ``Education Infrastructure
Act of 1994''.
[SEC. 12002. FINDINGS.
[The Congress finds the following:
[(1) According to a 1991 survey conducted by the
American Association of School Administrators, 74
percent of all public school buildings in the United
States need to be replaced.
[(2) Almost one-third of such buildings were built
prior to World War II.
[(3) It is estimated that one of every four public
school buildings in the United States is in inadequate
condition, and of such buildings, 61 percent need
maintenance or major repairs, 43 percent are obsolete,
42 percent contain environmental hazards, 25 percent
are overcrowded, and 13 percent are structurally
unsound.
[(4) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement, including school libraries, media centers,
and facilities.
[(5) Improving the quality of public elementary and
secondary schools will help our Nation meet the
National Education Goals.
[(6) The challenges facing our Nation's public
elementary and secondary schools require the concerted
and collaborative efforts of all levels of government
and all sectors of the community.
[SEC. 12003. PURPOSE.
[The purpose of this title is to help the Nation meet the
National Education Goals through the provision of Federal funds
to enable local educational agencies to meet the costs
associated with the improvement of schools within their
jurisdiction.
[SEC. 12004. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION
FACILITIES PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--From amounts appropriated under
section 12013 for any fiscal year, the Secretary shall
award grants to eligible local educational agencies
with applications approved under section 12005 to carry
out the authorized activities described in section
12007.
[(2) Special rule.--The Secretary may reserve not
more than 1 percent of the amount appropriated under
section 12013 to provide assistance to Indian schools
in accordance with this title.
[(b) Award Categories.--
[(1) In general.--From the funds appropriated to
carry out this title for each fiscal year, the
Secretary shall award grants to eligible local
educational agencies in each of the following
categories:
[(A) Eligible local educational agencies in
which the number of students enrolled is less
than 2,500.
[(B) Such agencies in which such number is
2,500 or greater but less than 5,000.
[(C) Such agencies in which such number is
5,000 or greater but less than 10,000.
[(D) Such agencies in which such number is
10,000 or greater but less than 25,000.
[(E) Such agencies in which such number is
25,000 or greater but less than 50,000.
[(F) Such agencies in which such number is
50,000 or greater.
[(c) Maximum Award Amounts.--The Secretary shall annually set
the maximum award amounts for each category described in
subsection (b)(1).
[SEC. 12005. AWARD OF GRANTS.
[(a) Criteria.--The Secretary shall award grants under this
title on the basis of--
[(1) high numbers or percentages of the total number
of children aged 5 to 17, inclusive, residing in the
geographic area served by an eligible local educational
agency who are counted under subpart 2 of part A of
title I;
[(2) the extent to which the eligible local
educational agency lacks the fiscal capacity, including
the ability to raise funds through the full use of such
agency's bonding capacity and otherwise, to undertake
the project without Federal assistance;
[(3) the threat of the condition of the physical
plant poses to the safety and well-being of students;
[(4) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility;
[(5) the age of the facility to be renovated or
replaced; and
[(6) such other criteria as the Secretary may
prescribe by regulation.
[(b) Allocation Among Categories.--The Secretary shall
allocate funds under this title among each of the categories
described in paragraph (1) on such basis as the Secretary
determines is appropriate, including--
[(1) the relative numbers or percentages of students
counted under subpart 2 of part A of title I; and
[(2) the relative costs of carrying out activities
under this title in eligible local educational agencies
in each such category.
[(c) Frequency of Awards.--No local educational agency may
receive more than one grant under this title in any five-year
period.
[(d) Special Rule.--The Secretary shall only award grants
under this title if the Secretary determines that sufficient
funds will be provided under this title or from other sources,
such as the issuance of bonds, or savings generated from
performance contracting, to carry out the activities for which
assistance is sought.
[SEC. 12006. APPLICATIONS.
[(a) Applications Required.--Each eligible local educational
agency desiring to receive a grant under this title shall
submit an application to the Secretary.
[(b) Application Contents.--Each application described in
subsection (a) shall contain--
[(1) an assurance that the application was developed
in consultation with parents and classroom teachers;
[(2) a description of each architectural, civil,
structural, mechanical, or electrical deficiency to be
corrected with funds provided under this title,
including the priority for the repair of the
deficiency;
[(3) a description of the criteria used by the
applicant to determine the type of corrective action
necessary to meet the purpose of this title;
[(4) a description of the improvement to be supported
with funds provided under this title;
[(5) a cost estimate of the proposed improvement;
[(6) an identification of other resources, such as
unused bonding capacity, that are available to carry
out the activities for which funds are requested under
this title;
[(7) a description of how activities supported with
funds provided under this title will promote energy
conservation; and
[(8) such other information and assurances as the
Secretary may reasonably require.
[SEC. 12007. AUTHORIZED ACTIVITIES.
[(a) In General.--Each eligible local educational agency
receiving a grant under this title shall use the grant funds
only to ensure the health and safety of students through the
repair, renovation, alteration, and construction of a public
elementary or secondary school library, media center, or
facility, used for academic or vocational instruction.
[(b) Particular Activities.--Subject to subsection (a), each
eligible local educational agency receiving a grant under this
title may use the grant funds to meet the requirements of
section 504 of the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990.
[SEC. 12008. GENERAL PROVISIONS.
[(a) Budget and Accounting.--In the performance of, and with
respect to, the functions, powers, and duties under this title,
the Secretary, notwithstanding the provisions of any other law,
shall--
[(1) prepare annually and submit a budget program as
provided for wholly owned Government corporations by
chapter 91 of title 31, United States Code; and
[(2) maintain a set of accounts which shall be
audited by the Comptroller General in accordance with
the provisions of chapter 35 of title 31, United States
Code, but such financial transactions of the Secretary,
as the making of loans and vouchers approved by the
Secretary, in connection with such financial
transactions shall be final and conclusive upon all
officers of the Government.
[(b) Use of Funds.--Funds made available to the Secretary
pursuant to the provisions of this title shall be deposited in
a checking account or accounts with the Treasurer of the United
States. Receipts and assets obtained or held by the Secretary
in connection with the performance of functions under this
title, and all funds available for carrying out the functions
of the Secretary under this title (including appropriations
therefor, which are hereby authorized), shall be available, in
such amounts as may from year to year be authorized by the
Congress, for the administrative expenses of the Secretary in
connection with the performance of such functions.
[(c) Legal Powers.--In the performance of, and with respect
to, the functions, powers, and duties under this title, the
Secretary, notwithstanding the provisions of any other law,
may--
[(1) prescribe such rules and regulations as may be
necessary to carry out the purposes of this title;
[(2) sue and be sued;
[(3) foreclose on any property or commence any action
to protect or enforce any right conferred upon the
Secretary by any law, contract, or other agreement, and
bid for and purchase at any foreclosure or any other
sale any property in connection with which the
Secretary has made a loan pursuant to this part;
[(4) in the event of any such acquisition,
notwithstanding any other provision of law relating to
the acquisition, handling, or disposal of real property
by the United States, complete, administer, remodel and
convert, dispose of, lease, and otherwise deal with,
such property, but any such acquisition of real
property shall not deprive any State or political
subdivision of such State civil or criminal
jurisdiction in and over such property or impair the
civil rights under the State or local laws of the
inhabitants on such property;
[(5) sell or exchange at public or private sale, or
lease, real or personal property, and sell or exchange
any securities or obligations, upon such terms as the
Secretary may fix;
[(6) obtain insurance against loss in connection with
property and other assets held; and
[(7) include in any contract or instrument made
pursuant to this title such other covenants,
conditions, or provisions as may be necessary to assure
that the purposes of this title will be achieved.
[(d) Contracts for Supplies or Services.--Section 3709 of the
Revised Statutes shall not apply to any contract for services
or supplies on account of any property acquired pursuant to
this subtitle if the amount of such contract does not exceed
$1,000.
[(e) Applicability of Government Corporation Control Act.--
The provisions of section 9107(a) of title 31, United States
Code, which are applicable to corporations or agencies subject
to chapter 91 of such title, shall also be applicable to the
activities of the Secretary under this title.
[SEC. 12009. FAIR WAGES.
[All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or
construction, including painting and decorating, of any
building or work that is financed in whole or in part by a
grant under this title, shall be paid wages not less than those
determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act); as
amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall
have the authority and functions set forth in reorganization
plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section
2 of the Act of June 1, 1934 (commonly known as the Copeland
Anti-Kickback Act) as amended (40 U.S.C. 276c, 48 Stat. 948).
[SEC. 12010. REQUIREMENTS.
[(a) Special Rules.--
[(1) Maintenance of effort.--An eligible local
educational agency may receive a grant under this title
for any fiscal year only if the Secretary 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 such local educational agency for the preceding
fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for
the fiscal year for which the determination is made.
[(2) Supplement not supplant.--An eligible local
educational agency shall use funds received under this
title only to supplement the amount of funds that
would, in the absence of such Federal funds, be made
available from non-Federal sources for the repair,
renovation, alteration, and construction of school
facilities used for educational purposes, and not to
supplant such funds.
[(b) General Limitations.--
[(1) Real property.--No part of any grant funds under
this title shall be used for the acquisition of any
interest in real property.
[(2) Maintenance.--Nothing in this title shall be
construed to authorize the payment of maintenance costs
in connection with any projects constructed in whole or
in part with Federal funds provided under this title.
[(3) Environmental safeguards.--All projects carried
out with Federal funds provided under this title shall
comply with all relevant Federal, State, and local
environmental laws and regulations.
[(4) Athletic and similar facilities.--No funds
received under this title shall be used for stadiums or
other facilities that are primarily used for athletic
contests or exhibitions or other events for which
admission is charged to the general public.
[SEC. 12011. FEDERAL ASSESSMENT.
[The Secretary shall reserve not more than 1 percent of funds
appropriated for each fiscal year under section 15013--
[(1) to collect such data as the Secretary determines
necessary at the school, local, and State levels;
[(2) to conduct studies and evaluations, including
national studies and evaluations, in order to--
[(A) monitor the progress of projects
supported with funds provided under this title;
and
[(B) evaluate the state of United States
public elementary and secondary school
libraries, media centers, and facilities; and
[(3) to report to the Congress by July 1, 1997,
regarding the findings of the studies and evaluations
described in paragraph (2).
[SEC. 12012. DEFINITIONS.
[For the purpose of this title--
[(1) the term ``construction'' means the alteration
or renovation of a building, structure, or facility,
including--
[(A) the concurrent installation of
equipment; and
[(B) the complete or partial replacement of
an existing facility, but only if such
replacement is less expensive and more cost-
effective than alteration, renovation, or
repair of the facility;
[(2) the term ``school'' means a public structure
suitable for use as a classroom, laboratory, library,
media center, or related facility, the primary purpose
of which is the instruction of public elementary and
secondary school students; and
[(3) the term ``eligible local educational agency''
means a local educational agency in which--
[(A) not less than 15 percent of the children
that reside in the geographic area served by
such agency are eligible to be counted under
subpart 2 of part A of title I of this Act; or
[(B) the United States owns Federal property
described in section 8015(5), that has an
assessed value (determined as of the time or
times when acquired) aggregating 90 percent or
more of the assessed value of all real property
in such agency (determined as of the time or
times when so acquired); and
[(C) demonstrates in the application
submitted under section 12006 that such agency
has urgent repair, renovation, alteration and
construction needs for its public elementary or
secondary schools used for academic or
vocational instruction.
[SEC. 12013. AUTHORIZATION.
[There are authorized to be appropriated to carry out this
title $200,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
[TITLE XIII--SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION
[SEC. 13001. FINDINGS.
[The Congress finds that--
[(1) high-quality technical assistance can enhance
the improvements in teaching and learning achieved
through the implementation of programs under this Act;
[(2) comprehensive technical assistance and effective
program dissemination are essential ingredients of the
overall strategy of the Improving America's Schools Act
of 1994 to improve programs and provide all children
opportunities to meet challenging State content
standards and challenging State student performance
standards;
[(3) States, local educational agencies, tribes, and
schools serving students with special needs, such as
students with limited-English proficiency and students
with disabilities, have great need for comprehensive
technical assistance in order to use funds under this
Act to provide such students with opportunities to
learn to challenging State content standards and
challenging State student performance standards;
[(4) current technical assistance and dissemination
efforts are fragmented and categorical in nature, and
thus fail to address adequately the needs of States,
local educational agencies and tribes for help in
integrating into a coherent strategy for improving
teaching and learning the various programs under this
Act with State and local programs and other education
reform efforts;
[(5) too little creative use is made of technology as
a means of providing information and assistance in a
cost-effective way;
[(6) comprehensive technical assistance can help
schools and school systems focus on improving
opportunities for all children to meet challenging
State content standards and challenging State student
performance standards, as such schools and systems
implement programs under this Act;
[(7) comprehensive technical assistance will provide
coordinated assistance to help States, local
educational agencies, tribes, participating colleges
and universities, and schools integrate Federal, State,
and local education programs in ways that contribute to
improving schools and entire school systems;
[(8) technical assistance in support of programs
under this Act should be coordinated with the
Department's regional offices, the regional educational
laboratories, State Literacy Resource Centers,
vocational resource centers, and other technical
assistance efforts supported by the Department; and
[(9) technical assistance providers should prioritize
assistance for local educational agencies and schools.
[SEC. 13002. PURPOSE.
[The purpose of this title is to create a national technical
assistance and dissemination system to make available to
States, local educational agencies, tribes, schools, and other
recipients of funds under this Act technical assistance in--
[(1) administering and implementing programs under
this Act;
[(2) implementing school reform programs in a manner
that improves teaching and learning for all students;
[(3) coordinating such programs with other Federal,
State, and local education plans and activities, so
that all students, particularly students at risk of
educational failure, are provided opportunities to meet
challenging State content standards and challenging
State student performance standards; and
[(4) adopting, adapting, and implementing promising
and proven practices for improving teaching and
learning.
[TITLE XIV--GENERAL PROVISIONS
[PART A--DEFINITIONS
[SEC. 14101. DEFINITIONS.
[Except as otherwise provided, for the purposes of this Act,
the following terms have the following meanings:
[(1) Average daily attendance.--(A) Except as
provided otherwise by State law or this paragraph, the
term ``average daily attendance'' means--
[(i) the aggregate number of days of
attendance of all students during a school
year; divided by
[(ii) the number of days school is in session
during such school year.
[(B) The Secretary shall permit the conversion of
average daily membership (or other similar data) to
average daily attendance for local educational agencies
in States that provide State aid to local educational
agencies on the basis of average daily membership or
such other data.
[(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free
public education of the child in a school located in
another school district, the Secretary shall, for
purposes of this Act--
[(i) consider the child to be in attendance
at a school of the agency making such payment;
and
[(ii) not consider the child to be in
attendance at a school of the agency receiving
such payment.
[(D) If a local educational agency makes a tuition
payment to a private school or to a public school of
another local educational agency for a child with
disabilities, as defined in section 602(a)(1) of the
Individuals with Disabilities Education Act, the
Secretary shall, for the purposes of this Act, consider
such child to be in attendance at a school of the
agency making such payment.
[(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
[(A) without regard to the source of funds--
[(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
[(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
[(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such
preceding year.
[(3) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
[(4) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
[(A) is representative of a community or
significant segments of a community; and
[(B) provides educational or related services
to individuals in the community.
[(5) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 14302.
[(6) Consolidated local plan.--The term
``consolidated local plan'' means a plan submitted by a
local educational agency pursuant to section 14302.
[(7) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 14302.
[(8) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 14302.
[(9) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
[(10) Covered program.--The term ``covered program''
means each of the programs authorized by--
[(A) part A of title I;
[(B) part C of title I;
[(C) title II (other than section 2103 and
part D);
[(D) subpart 2 of part A of title III;
[(E) part A of title IV (other than section
4114); and
[(F) title VI.
[(11) The term ``current expenditures'' means
expenditures for free public education--
[(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
[(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and title VI.
[(12) Department.--The term ``Department'' means the
Department of Education.
[(13) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
[(14) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
[(15) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
[(A) Interactive literacy activities between
parents and their children.
[(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
[(C) Parent literacy training that leads to
economic self-sufficiency.
[(D) An age-appropriate education to prepare
children for success in school and life
experiences.
[(16) Free public education.--The term ``free public
education'' means education that is provided--
[(A) at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
[(17) 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.
[(18) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education
Act of 1965.
[(19) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education
or other public authority legally constituted within a
State for either administrative control or direction
of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public
elementary or secondary schools.
[(B) The term includes any other public institution
or agency having administrative control and direction
of a public elementary or secondary school.
[(C) The term includes an elementary or secondary
school funded by the Bureau of Indian Affairs but only
to the extent that such inclusion makes such school
eligible for programs for which specific eligibility is
not provided to such school in another provision of law
and such school does not have a student population that
is smaller than the student population of the local
educational agency receiving assistance under this Act
with the smallest student population, except that such
school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of
Indian Affairs.
[(20) 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.
[(21) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
[(22) Outlying area.--The term ``outlying area''
means the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and for
the purpose of section 1121 and any other discretionary
grant program under this Act, the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
[(23) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis.
[(24) Public telecommunication entity.--The term
``public telecommunication entity'' has the same
meaning given to such term in section 397(12) of the
Communications Act of 1934.
[(25) Pupil services personnel; pupil services.--(A)
The term ``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services (including related services as such
term is defined in section 602(a)(17) of the
Individuals with Disabilities Education Act) as part of
a comprehensive program to meet student needs.
[(B) The term ``pupil services'' means the services
provided by pupil services personnel.
[(26) 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.
[(27) Secretary.--The term ``Secretary'' means the
Secretary of Education.
[(28) 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.
[(29) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary and secondary schools.
[(30) Technology.--The term ``technology'' means the
latest state-of-the-art technology products and
services, such as closed circuit television systems,
educational television or radio programs and services,
cable television, satellite, copper fiber optic
transmission, computer hardware and software, video and
audio laser and CD-ROM disks, video and audio tapes,
including interactive forms of such products and
services, or other technologies.
[SEC. 14102. APPLICABILITY OF THIS TITLE.
[Parts B, C, D, E, and F of this title do not apply to title
VIII of this Act.
[SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.
[For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian Affairs,
a school operated under a contract or grant with the Bureau of
Indian Affairs in consortia with another contract or grant
school or tribal or community organization, or a Bureau of
Indian Affairs school in consortia with an institution of
higher education, a contract or grant school and tribal or
community organization shall be given the same consideration as
a local educational agency.
[PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
[SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
[(a) Consolidation of Administrative Funds.--
[(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
such agency for State administration under one or more
of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the
majority of such agency's resources come from non-
Federal sources.
[(2) Applicability.--This section applies to programs
under title I, those covered programs described in
subparagraphs (C), (D), (E), and (F) of section
14101(10), and administrative funds under section
308(c) of the Goals 2000: Educate America Act.
[(b) Use of Funds.--
[(1) In general.--A State educational agency shall
use the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
[(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under the
programs included in the consolidation under subsection
(a), such as--
[(A) the coordination of such programs with
other Federal and non-Federal programs;
[(B) the establishment and operation of peer-
review mechanisms under this Act;
[(C) the administration of this title;
[(D) the dissemination of information
regarding model programs and practices; and
[(E) technical assistance under programs
specified in subsection (a)(2).
[(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
[(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of such administration.
[(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
[(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards
and assessments, a State educational agency may consolidate the
amounts made available to such agency for such purposes under
title I of this Act and title III of the Goals 2000: Educate
America Act.
[SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
[A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
[SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
[(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval of
its State educational agency, may consolidate and use for the
administration of one or more covered programs for any fiscal
year not more than the percentage, established in each covered
program, of the total amount available to the local educational
agency under such covered programs.
[(b) State Procedures.--Within one year from the date of
enactment of the Improving America's Schools Act of 1994, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a consolidated
basis.
[(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
[(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use such consolidated funds for the administration
of covered programs and for the uses described in section
14201(b)(2).
[(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual covered program, to
account for costs relating to the administration of covered
programs included in the consolidation.
[SEC. 14204. ADMINISTRATIVE FUNDS STUDIES.
[(a) Federal Funds Study.--
[(1) In general.--The Secretary shall conduct a study
of the use of funds under this Act for the
administration, by State and local educational
agencies, of all covered programs, including the
percentage of grant funds used for such purpose in all
covered programs.
[(2) State data.--Beginning in fiscal year 1995 and
each succeeding fiscal year thereafter, each State
educational agency which receives funds under title I
shall submit to the Secretary a report on the use of
title I funds for the State administration of
activities assisted under title I. Such report shall
include the proportion of State administrative funds
provided under section 1603 that are expended for--
[(A) basic program operation and compliance
monitoring;
[(B) statewide program services such as
development of standards and assessments,
curriculum development, and program evaluation;
and
[(C) technical assistance and other direct
support to local educational agencies and
schools.
[(3) Federal funds report.--The Secretary shall
complete the study conducted under this section not
later than July 1, 1997, and shall submit to the
President and the appropriate committees of the
Congress a report regarding such study within 30 days
of the completion of such study.
[(4) Results.--Based on the results of the study
described in subsection (a)(1), which may include
collection and analysis of the data under paragraph (2)
and section 410(b) of the Improving America's Schools
Act of 1994, the Secretary shall--
[(A) develop a definition of what types of
activities constitute the administration of
programs under this Act by State and local
educational agencies; and
[(B) within one year of the completion of
such study, promulgate final regulations or
guidelines regarding the use of funds for
administration under all programs, including
the use of such funds on a consolidated basis
and limitations on the amount of such funds
that may be used for administration where such
limitation is not otherwise specified in law.
[(b) General Administrative Funds Study and Report.--Upon the
date of completion of the pilot model data system described in
section 410(b) of the Improving America's Schools Act of 1994,
the Secretary shall study the information obtained through the
use of such data system and other relevant information, as well
as any other data systems which are in use on such date that
account for administrative expenses at the school, local
educational agency, and State educational agency level, and
shall report to the Congress not later than July 1, 1997,
regarding--
[(1) the potential for the reduction of
administrative expenses at the school, local
educational agency, and State educational agency
levels;
[(2) the potential usefulness of such data system to
reduce such administrative expenses;
[(3) any other methods which may be employed by
schools, local educational agencies or State
educational agencies to reduce administrative expenses
and maximize the use of funds for functions directly
affecting student learning; and
[(4) if appropriate, steps which may be taken to
assist schools, local educational agencies and State
educational agencies to account for and reduce
administrative expenses.
[SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
[(a) General Authority.--
[(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title IX of this Act, and the education
for homeless children and youth program under subtitle
B of title VII of the Stewart B. McKinney Homeless
Assistance Act, the amounts allotted to the Department
of the Interior under those programs.
[(2) Agreement.--(A) The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
[(B) The agreement shall--
[(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred, the steps to be taken to achieve
the National Education Goals, and performance
measures to assess program effectiveness,
including measurable goals and objectives; and
[(ii) be developed in consultation with
Indian tribes.
[(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for such department's costs related to the
administration of the funds transferred under this section.
[SEC. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
[(a) Unneeded Program Funds.--With the approval of its State
educational agency, a local educational agency that determines
for any fiscal year that funds under a covered program (other
than part A of title I) are not needed for the purpose of that
covered program, may use such funds, not to exceed five percent
of the total amount of such local educational agency's funds
under that covered program, for the purpose of another covered
program.
[(b) Coordination of Services.--A local educational agency,
individual school, or consortium of schools may use a total of
not more than five percent of the funds such agency, school, or
consortium, respectively, receives under this Act for the
establishment and implementation of a coordinated services
project in accordance with the requirements of title XI of this
Act.
[PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
[SEC. 14301. PURPOSE.
[It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
[SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
[(a) General Authority.--
[(1) Simplification.--In order to simplify
application requirements and reduce the burden for
State educational agencies under this Act, the
Secretary, in accordance with subsection (b), shall
establish procedures and criteria under which a State
educational agency may submit a consolidated State plan
or a consolidated State application meeting the
requirements of this section for--
[(A) each of the covered programs in which
the State participates; and
[(B) the additional programs described in
paragraph (2).
[(2) Additional programs.--A State educational agency
may also include in its consolidated State plan or
consolidated State application--
[(A) the Even Start program under part B of
title I;
[(B) the Prevention and Intervention Programs
for Youth Who Are Neglected, Delinquent, or At-
Risk of Dropping Out under part D of title I;
[(C) programs under the Goals 2000: Educate
America Act;
[(D) programs under the School-to-Work
Opportunities Act of 1994; and
[(E) such other programs as the Secretary may
designate.
[(3) Consolidated applications and plans.--A State
educational agency that submits a consolidated State
plan or a consolidated State application under this
section shall not be required to submit separate State
plans or applications under any of the programs to
which the consolidated State plan or consolidated State
application under this section applies.
[(b) Collaboration.--
[(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
[(2) Contents.--Through the collaborative process
described in subsection (b)(1), the Secretary shall
establish, for each program under the Act to which this
section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
[(3) Necessary materials.--The Secretary shall
require only descriptions, information, assurances, and
other materials that are absolutely necessary for the
consideration of the consolidated State plan or
consolidated State application.
[SEC. 14303. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
[(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under
this Act, whether separately or under section 14302, shall have
on file with the Secretary a single set of assurances,
applicable to each program for which such plan or application
is submitted, that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, in a nonprofit
private agency, institution, or organization, or in an
Indian tribe if the law authorizing the program
provides for assistance to such entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing law;
[(3) the State will adopt and use proper methods of
administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation; and
[(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of such programs;
[(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
[(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
[(6) the State will--
[(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
[(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
[(7) before the plan or application was submitted to
the Secretary, the State has afforded a reasonable
opportunity for public comment on the plan or
application and has considered such comment.
[(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
[SEC. 14304. ADDITIONAL COORDINATION.
[(a) Additional Coordination.--In order to explore ways for
State educational agencies to reduce administrative burdens and
promote the coordination of the education services of this Act
with other health and social service programs administered by
such agencies, the Secretary is directed to seek agreements
with other Federal agencies (including the Departments of
Health and Human Services, Justice, Labor and Agriculture) for
the purpose of establishing procedures and criteria under which
a State educational agency would submit a consolidated State
plan or consolidated State application that meets the
requirements of the covered programs.
[(b) Report.--The Secretary shall report to the relevant
committees 6 months after the date of enactment of the
Improving America's Schools Act of 1994.
[SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
[(a) General Authority.--A local educational agency receiving
funds under more than one covered program may submit plans or
applications to the State educational agency under such
programs on a consolidated basis.
[(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a
consolidated State plan or application under section 14302 may
require local educational agencies in the State receiving funds
under more than one program included in the consolidated State
plan or consolidated State application to submit consolidated
local plans or applications under such programs.
[(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the consolidated
State plans or consolidated State applications under this
section.
[(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
[SEC. 14306. OTHER GENERAL ASSURANCES.
[(a) Assurances.--Any applicant other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 14304,
shall have on file with the State educational agency a single
set of assurances, applicable to each program for which a plan
or application is submitted, that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to such entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing statutes;
[(3) the applicant will adopt and use proper methods
of administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation;
[(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary or other
Federal officials;
[(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to such applicant under each such program;
[(6) the applicant will--
[(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
[(B) maintain such records, provide such
information, and afford access to the records
as the State educational agency or the
Secretary may find necessary to carry out the
State educational agency's or the Secretary's
duties; and
[(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and has considered such
comment.
[(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
[SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS UNDER THE
GOALS 2000: EDUCATE AMERICA ACT.
[(a) State Plans.--
[(1) In general.--Each State plan submitted under the
following programs shall be integrated with each other
and the State's improvement plan, if any, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, the School-to-Work
Opportunities Act of 1994, and the Carl D. Perkins
Vocational and Technical Education Act of 1998:
[(A) Part A of title I (helping disadvantaged
children meet high standards).
[(B) Part C of title I (education of
migratory children).
[(C) Part D of title I (education of
neglected, delinquent, and at-risk youth).
[(D) Title II (professional development).
[(E) Title IV (safe and drug-free schools).
[(F) Title VI (innovative education program
strategies).
[(G) Subpart 4 of part A of title IX (Indian
education).
[(2) Special rule.--Notwithstanding any other
provision of this Act, if a requirement relating to a
State plan referred to in paragraph (1) is already
satisfied by the approved State improvement plan for
such State under title III of the Goals 2000: Educate
America Act, the State plan referred to in paragraph
(1) need not separately address that requirement.
[(3) Amendment.--Any State plan referred to in
paragraph (1) may, if necessary, be submitted as an
amendment to the State improvement plan for such State
under title III of the Goals 2000: Educate America Act.
[(b) Local Plans.--
[(1) In general.--Each local educational agency plan
submitted under the following programs shall be
integrated with each other and its local improvement
plan, if any, either approved or being developed, under
title III of the Goals 2000: Educate America Act:
[(A) Part A of title I (helping disadvantaged
children meet high standards).
[(B) Title II (professional development).
[(C) Title IV (safe and drug-free schools).
[(D) Subpart 4 of part A of title IX (Indian
education).
[(E) Subpart 1 of part A of title VII
(bilingual education).
[(F) Title VI (innovative education program
strategies).
[(G) Part C of title VII (emergency immigrant
education).
[(2) Plan of operation.--Each plan of operation
included in an application submitted by an eligible
entity under part B of title I (Even Start) shall be
consistent with, and promote the goals of, the State
and local improvement plans, either approved or being
developed, under title III of the Goals 2000: Educate
America Act or, if those plans are not approved or
being developed, with the State and local plans under
sections 1111 and 1112.
[(3) Special rule.--Notwithstanding any other
provision of this Act, if a requirement relating to a
local plan referred to in paragraph (1) is already
satisfied by the local educational agency's approved
local improvement plan under title III of the Goals
2000: Educate America Act, the local plan referred to
in paragraph (1) need not separately address that
requirement.
[(4) Submission.--Any local plan referred to in
paragraph (1) may, if necessary, be submitted as an
amendment to the local educational agency's improvement
plan under title III of the Goals 2000: Educate America
Act.
[PART D--WAIVERS
[SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
[(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
[(1) receives funds under a program authorized by
this Act; and
[(2) requests a waiver under subsection (b).
[(b) Request for Waiver.--
[(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a
waiver shall submit a waiver request to the Secretary
that--
[(A) identifies the Federal programs affected
by such requested waiver;
[(B) describes which Federal requirements are
to be waived and how the waiving of such
requirements will--
[(i) increase the quality of
instruction for students; or
[(ii) improve the academic
performance of students;
[(C) if applicable, describes which similar
State and local requirements will be waived and
how the waiving of such requirements will
assist the local educational agencies, Indian
tribes or schools, as appropriate, to achieve
the objectives described in clauses (i) and
(ii) of subparagraph (B);
[(D) describes specific, measurable
educational improvement goals and expected
outcomes for all affected students;
[(E) describes the methods to be used to
measure progress in meeting such goals and
outcomes; and
[(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are
requested.
[(2) Additional information.--Such requests--
[(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
[(B) shall be developed and submitted--
[(i)(I) by local educational agencies
(on behalf of such agencies and
schools) to State educational agencies;
and
[(II) by State educational agencies
(on behalf of, and based upon the
requests of, local educational
agencies) to the Secretary; or
[(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the
Secretary.
[(3) General requirements.--(A) In the case of a
waiver request submitted by a State educational agency
acting in its own behalf, the State educational agency
shall--
[(i) provide all interested local educational
agencies in the State with notice and a
reasonable opportunity to comment on the
request;
[(ii) submit the comments to the Secretary;
and
[(iii) provide notice and information to the
public regarding the waiver request in the
manner that the applying agency customarily
provides similar notices and information to the
public.
[(B) In the case of a waiver request submitted by a
local educational agency that receives funds under this
Act--
[(i) such request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of such State educational
agency; and
[(ii) notice and information regarding the
waiver request shall be provided to the public
by the agency requesting the waiver in the
manner that such agency customarily provides
similar notices and information to the public.
[(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
[(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
[(2) maintenance of effort;
[(3) comparability of services;
[(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
[(5) equitable participation of private school
students and teachers;
[(6) parental participation and involvement;
[(7) applicable civil rights requirements;
[(8) the requirement for a charter school under part
C of title X; or
[(9) the prohibitions regarding--
[(A) State aid in section 14502; or
[(B) use of funds for religious worship or
instruction in section 14507.
[(d) Duration and Extension of Waiver.--
[(1) In general.--Except as provided in paragraph
(2), the duration of a waiver approved by the Secretary
under this section may be for a period not to exceed
three years.
[(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
[(A) the waiver has been effective in
enabling the State or affected recipients to
carry out the activities for which the waiver
was requested and the waiver has contributed to
improved student performance; and
[(B) such extension is in the public
interest.
[(e) Reports.--
[(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end
of the second year for which a waiver is received under
this section, and each subsequent year, submit a report
to the State educational agency that--
[(A) describes the uses of such waiver by
such agency or by schools;
[(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
[(C) evaluates the progress of such agency
and of schools in improving the quality of
instruction or the academic performance of
students.
[(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on such reports and contains such information as the
Secretary may require.
[(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
[(A) describes the uses of such waiver by
schools operated by such tribe; and
[(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
[(4) Report to congress.--Beginning in fiscal year
1997 and each subsequent year, the Secretary shall
submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Labor and
Human Resources of the Senate a report--
[(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
[(B) describing whether such waivers--
[(i) increased the quality of
instruction to students; or
[(ii) improved the academic
performance of students.
[(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the
waiver has been inadequate to justify a continuation of the
waiver or if the waiver is no longer necessary to achieve its
original purposes.
[(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
[PART E--UNIFORM PROVISIONS
[SEC. 14501. MAINTENANCE OF EFFORT.
[(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of such agency
and the State with respect to the provision of free public
education by such agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second preceding fiscal year.
[(b) Reduction in Case of Failure To Meet.--
[(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion to which a local educational agency fails to
meet the requirement of subsection (a) by falling below
90 percent of both the combined fiscal effort per
student and aggregate expenditures (using the measure
most favorable to such local agency).
[(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) for subsequent years.
[(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver
would be equitable due to--
[(1) exceptional or uncontrollable circumstances such
as a natural disaster; or
[(2) a precipitous decline in the financial resources
of the local educational agency.
[SEC. 14502. PROHIBITION REGARDING STATE AID.
[A State shall not take into consideration payments under
this Act (other than under title VIII) in determining the
eligibility of any local educational agency in such State for
State aid, or the amount of State aid, with respect to free
public education of children.
[SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
[(a) Private School Participation.--
[(1) In general.--Except as otherwise provided in
this Act, to the extent consistent with the number of
eligible children in a State educational agency, local
educational agency, or educational service agency or
consortium of such agencies receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary and secondary
schools in such agency or consortium, such agency or
consortium shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children and their teachers or other
educational personnel, on an equitable basis, special
educational services or other benefits under such
program.
[(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
[(3) Special rule.--Educational services and other
benefits provided under this section for such private
school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children,
teachers, and other educational personnel participating
in such program.
[(4) Expenditures.--Expenditures for educational
services and other benefits provided under this section
to eligible private school children, their teachers,
and other educational personnel serving such children
shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
[(5) Provision of services.--Such agency or
consortium described in subsection (a)(1) may provide
such services directly or through contracts with public
and private agencies, organizations, and institutions.
[(b) Applicability.--
[(1) In general.--This section applies to programs
under--
[(A) part C of title I (migrant education);
[(B) title II (other than section 2103 and
part D of such title);
[(C) title VII;
[(D) title III (other than part B of such
title) (Star Schools); and
[(E) part A of title IV (other than section
4114).
[(2) Definition.--For the purposes of this section,
the term ``eligible children'' means children eligible
for services under a program described in paragraph
(1).
[(c) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency or
consortium of such agencies shall consult with
appropriate private school officials during the design
and development of the programs under this Act, on
issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how and where the services will be
provided; and
[(D) how the services will be assessed.
[(2) Timing.--Such consultation shall occur before
the agency or consortium makes any decision that
affects the opportunities of eligible private school
children, teachers, and other educational personnel to
participate in programs under this Act.
[(3) Discussion required.--Such consultation shall
include a discussion of service delivery mechanisms
that the agency or consortium could use to provide
equitable services to eligible private school children,
teachers, administrators, and other staff.
[(d) Public Control of Funds.--
[(1) In general.--The control of funds used to
provide services under this section, and title to
materials, equipment, and property purchased with such
funds, shall be in a public agency for the uses and
purposes provided in this Act, and a public agency
shall administer such funds and property.
[(2) Provision of services.--(A) The provision of
services under this section shall be provided--
[(i) by employees of a public agency; or
[(ii) through contract by such public agency
with an individual, association, agency, or
organization.
[(B) In the provision of such services, such
employee, person, association, agency, or organization
shall be independent of such private school and of any
religious organization, and such employment or contract
shall be under the control and supervision of such
public agency.
[(C) Funds used to provide services under this
section shall not be commingled with non-Federal funds.
[SEC. 14504. STANDARDS FOR BY-PASS.
[If, by reason of any provision of law, a State educational
agency, local educational agency, educational service agency or
consortium of such agencies is prohibited from providing for
the participation in programs of children enrolled in, or
teachers or other educational personnel from, private
elementary and secondary schools, on an equitable basis, or if
the Secretary determines that such agency or consortium has
substantially failed or is unwilling to provide for such
participation, as required by section 14503, the Secretary
shall--
[(1) waive the requirements of that section for such
agency or consortium; and
[(2) arrange for the provision of equitable services
to such children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 14503,
14505, and 14506.
[SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
[(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
14503 by a State educational agency, local educational agency,
educational service agency, or consortium of such agencies.
Such individual or organization shall submit such complaint to
the State educational agency for a written resolution by the
State educational agency within a reasonable period of time.
[(b) Appeals to the Secretary.--Such resolution may be
appealed by an interested party to the Secretary not later than
30 days after the State educational agency resolves the
complaint or fails to resolve the complaint within a reasonable
period of time. Such appeal shall be accompanied by a copy of
the State educational agency's resolution, and a complete
statement of the reasons supporting the appeal. The Secretary
shall investigate and resolve each such appeal not later than
120 days after receipt of the appeal.
[SEC. 14506. BY-PASS DETERMINATION PROCESS.
[(a) Review.--
[(1) In general.--(A) The Secretary shall not take
any final action under section 14504 until the State
educational agency, local educational agency,
educational service agency, or consortium of such
agencies affected by such action has had an
opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections
and to appear before the Secretary to show cause why
that action should not be taken.
[(B) Pending final resolution of any investigation or
complaint that could result in a determination under
this section, the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
[(2) Petition for review.--(A) If such affected
agency or consortium is dissatisfied with the
Secretary's final action after a proceeding under
paragraph (1), such agency or consortium may, within 60
days after notice of such action, file with the United
States court of appeals for the circuit in which such
State is located a petition for review of that action.
[(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary.
[(C) The Secretary upon receipt of the copy of the
petition shall file in the court the record of the
proceedings on which the Secretary based this action,
as provided in section 2112 of title 28, United States
Code.
[(3) Findings of fact.--(A) The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive, but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence and the Secretary may then make new or
modified findings of fact and may modify the
Secretary's previous action, and shall file in the
court the record of the further proceedings.
[(B) Such new or modified findings of fact shall
likewise be conclusive if supported by substantial
evidence.
[(4) Jurisdiction.--(A) Upon the filing of such
petition, the court shall have jurisdiction to affirm
the action of the Secretary or to set such action
aside, in whole or in part.
[(B) The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254
of title 28, United States Code.
[(b) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines, in consultation with such agency or consortium and
representatives of the affected private school children,
teachers, or other educational personnel that there will no
longer be any failure or inability on the part of such agency
or consortium to meet the applicable requirements of section
14503 or any other provision of this Act.
[(c) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations under
this Act.
[(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the Improving America's Schools Act of
1994 shall remain in effect to the extent the Secretary
determines that such determination is consistent with the
purpose of this section.
[SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
[Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
[SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
[Nothing in this Act shall be construed to affect home
schools.
[SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC
SCHOOLS.
[Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
any private, religious, or home school, whether or not a home
school is treated as a private school or home school under
State law. This section shall not be construed to bar private,
religious, or home schools from participation in programs or
services under this Act.
[SEC. 14510. SCHOOL PRAYER.
[Any State or local educational agency that is adjudged by a
Federal court of competent jurisdiction to have willfully
violated a Federal court order mandating that such local
educational agency remedy a violation of the constitutional
right of any student with respect to prayer in public schools,
in addition to any other judicial remedies, shall be ineligible
to receive Federal funds under this Act until such time as the
local educational agency complies with such order. Funds that
are withheld under this section shall not be reimbursed for the
period during which the local educational agency was in willful
noncompliance.
[SEC. 14511. GENERAL PROHIBITIONS.
[(a) Prohibition.--None of the funds authorized under this
Act shall be used--
[(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth
that are designed to promote or encourage, sexual
activity, whether homosexual or heterosexual;
[(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
[(3) to provide sex education or HIV prevention
education in schools unless such instruction is age
appropriate and includes the health benefits of
abstinence; or
[(4) to operate a program of condom distribution in
schools.
[(b) Local Control.--Nothing in this section shall be
construed to--
[(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a
State, local educational agency, or schools'
instructional content, curriculum, and related
activities;
[(2) limit the application of the General Education
Provisions Act;
[(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
[(4) create any legally enforceable right.
[SEC. 14512. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
[Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under this Act.
[SEC. 14513. REPORT.
[The Secretary shall report to the Congress not later than
180 days after the date of enactment of the Improving America's
Schools Act of 1994 regarding how the Secretary shall ensure
that audits conducted by Department employees of activities
assisted under this Act comply with changes to this Act made by
the Improving America's Schools Act of 1994, particularly with
respect to permitting children with similar educational needs
to be served in the same educational settings, where
appropriate.
[SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.
[Notwithstanding any other provision of law, no State shall
be required to participate in any program under the Goals 2000:
Educate America Act, or to have content standards or student
performance standards approved or certified under such Act, in
order to receive assistance under this Act.
[PART F--GUN POSSESSION
[SEC. 14601. GUN-FREE REQUIREMENTS.
[(a) Short Title.--This section may be cited as the ``Gun-
Free Schools Act of 1994''.
[(b) Requirements.--
[(1) In general.--Except as provided in paragraph
(3), each State receiving Federal funds under this Act
shall have in effect a State law requiring local
educational agencies to expel from school for a period
of not less than one year a student who is determined
to have brought a weapon to a school under the
jurisdiction of local educational agencies in that
State, except that such State law shall allow the chief
administering officer of such local educational agency
to modify such expulsion requirement for a student on a
case-by-case basis.
[(2) Construction.--Nothing in this title shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
[(3) Special rule.--(A) Any State that has a law in
effect prior to the date of enactment of the Improving
America's Schools Act of 1994 which is in conflict with
the not less than one year expulsion requirement
described in paragraph (1) shall have the period of
time described in subparagraph (B) to comply with such
requirement.
[(B) The period of time shall be the period beginning
on the date of enactment of the Improving America's
Schools Act and ending one year after such date.
[(4) Definition.--For the purpose of this section,
the term ``weapon'' means a firearm as such term is
defined in section 921 of title 18, United States Code.
[(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
[(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under
this Act shall provide to the State, in the application
requesting such
assistance--
[(1) an assurance that such local educational agency
is in compliance with the State law required by
subsection (b); and
[(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
[(A) the name of the school concerned;
[(B) the number of students expelled from
such school; and
[(C) the type of weapons concerned.
[(e) Reporting.--Each State shall report the information
described in subsection (c) to the Secretary on an annual
basis.
[(f) Report to Congress.--Two years after the date of
enactment of the Improving America's Schools Act of 1994, the
Secretary shall report to Congress if any State is not in
compliance with the requirements of this title.
[SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.
[(a) In General.--No funds shall be made available under this
Act to any local educational agency unless such agency has a
policy requiring referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm or
weapon to a school served by such agency.
[(b) Definitions.--For the purpose of this section, the terms
``firearm'' and ``school'' have the same meaning given to such
terms by section 921(a) of title 18, United States Code.
[SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.
[The Secretary shall--
[(1) widely disseminate the policy of the Department
in effect on the date of enactment of the Improving
America's Schools Act of 1994 with respect to
disciplining children with disabilities;
[(2) collect data on the incidence of children with
disabilities (as such term is defined in section
602(a)(1) of the Individuals With Disabilities
Education Act) engaging in life threatening behavior or
bringing weapons to schools; and
[(3) submit a report to Congress not later than
January 31, 1995, analyzing the strengths and problems
with the current approaches regarding disciplining
children with disabilities.
[PART G--EVALUATIONS
[SEC. 14701. EVALUATIONS.
[(a) Evaluations.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary is authorized to reserve not more
than 0.50 percent of the amount appropriated to carry
out each program authorized under this Act--
[(A) to carry out comprehensive evaluations
of categorical programs and demonstration
projects, and studies of program effectiveness,
under this Act, and the administrative impact
of such programs on schools and local
educational agencies in accordance with
subsection (b);
[(B) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs under this Act and related
Federal preschool, elementary and secondary
programs under other Federal law; and
[(C) to strengthen the usefulness of grant
recipient evaluations for continuous program
progress through improving the quality,
timeliness, efficiency, and utilization of
program information on program performance.
[(2) Special rule.--(A) Paragraph (1) shall not apply
to any program under title I.
[(B) If funds are made available under any program
assisted under this Act (other than a program under
title I) for evaluation activities, then the Secretary
shall reserve no additional funds pursuant to the
authority in subsection (a)(1) to evaluate such
program, but shall coordinate the evaluation of such
program with the national evaluation described in
subsection (b).
[(b) National Evaluations.--
[(1) In general.--The Secretary shall use the funds
made available under subsection (a) to carry out--
[(A) independent studies of categorical and
demonstration programs under this Act and the
administrative impact of such programs on
schools and local educational agencies, that
are coordinated with research supported through
the Office of Educational Research and
Improvement, using rigorous methodological
designs and techniques, including longitudinal
designs, control groups, and random assignment,
as appropriate, to determine--
[(i) the success of such programs in
meeting the measurable goals and
objectives, through appropriate
targeting, quality services, and
efficient administration, and in
contributing to achieving the National
Education Goals, with a priority on
assessing program impact on student
performance;
[(ii) the short- and long-term
effects of program participation on
program participants, as appropriate;
[(iii) the cost and efficiency of
such programs;
[(iv) to the extent feasible, the
cost of serving all students eligible
to be served under such programs;
[(v) specific intervention strategies
and implementation of such strategies
that, based on theory, research and
evaluation, offer the promise of
improved achievement of program
objectives;
[(vi) promising means of identifying
and disseminating effective management
and educational practices;
[(vii) the effect of such programs on
school and local educational agencies'
administrative responsibilities and
structure, including the use of local
and State resources, with particular
attention to schools and agencies
serving a high concentration of
disadvantaged students; and
[(viii) the effect of Federal
categorical programs at the elementary
and secondary levels on the
proliferation of State categorical
education aid programs and regulations,
including an evaluation of the State
regulations that are developed in
response to Federal education laws;
[(B) in collaboration with the national
assessment conducted pursuant to section 1601,
a comprehensive evaluation of how the Federal
Government has assisted the States to reform
their educational systems through the various
education laws enacted during the 103d
Congress, which evaluation shall--
[(i) encompass the changes made in
Federal programs pursuant to the
Improving America's Schools Act of 1994
as well as in any other law enacted
during the 103d Congress that amended a
Federal program assisting preschool,
elementary, or secondary education;
[(ii) encompass new initiatives such
as initiatives under the Goals 2000:
Educate America Act, and the School-to-
Work Opportunities Act of 1994, and be
coordinated with evaluations of such
Acts;
[(iii) include a comprehensive review
of the programs developed under the
Acts described in clauses (i) and (ii)
to determine such programs' overall
effect on--
[(I) the readiness of
children for schooling;
[(II) the improvement in
educational attainment of
students in elementary and
secondary education; and
[(III) the improvement in
skills needed by students to
obtain employment or pursue
further education upon
completion of secondary school
or further education;
[(iv) include a comprehensive review
of the programs under the Acts
described in clauses (i) and (ii) to
determine such programs' overall
effect--
[(I) on school reform efforts
undertaken by States;
[(II) on efforts by States to
adopt educational standards to
improve schooling for all
children, to align their
curricula, teacher training,
and assessments with such
standards, and to bring
flexibility to the rules
governing how education is to
be provided; and
[(III) on student populations
that have been the traditional
beneficiaries of Federal
assistance in order to
determine whether such
population's educational
attainment has been improved as
a result of such programs;
[(v) evaluate how the National
Assessment Governing Board, the
Advisory Council on Education
Statistics, and the National Education
Goals Panel coordinate, interact, or
duplicate efforts to assist the States
in reforming the educational systems of
States; and
[(vi) include a review of the
programs under the Acts described in
clauses (i) and (ii) in such detail as
the Secretary deems appropriate, and
may involve cooperation with other
Federal departments and agencies in
order to incorporate evaluations and
recommendations of such departments and
agencies; and
[(C) a study of the waivers granted under
section 14401, which study shall include--
[(i) data on the total number of
waiver requests that were granted and
the total number of such requests that
were denied, disaggregated by the
statutory or regulatory requirement for
which the waivers were requested; and
[(ii) an analysis of the effect of
waivers on categorical program
requirements and other flexibility
provisions in this Act, the School-to-
Work Opportunities Act of 1994, and the
Goals 2000: Educate America Act, on
improvement in educational achievement
of participating students and on school
and local educational agency
administrative responsibilities,
structure, and resources based on an
appropriate sample of State educational
agencies, local educational agencies,
schools, and tribes receiving waivers.
[(D) a study of the waivers provided under
section 1114 to support schoolwide programs
which shall include--
[(i) the extent to which schoolwide
programs are meeting the intent and
purposes of any program for which
provisions were waived; and
[(ii) the extent to which the needs
of all students are being served by
such programs particularly students who
would be eligible for assistance under
any provisions waived.
[(2) Independent panel.--The Secretary shall appoint
an independent panel to review the plan for the
evaluation described in paragraph (1), to advise the
Secretary on such evaluation's progress, and to
comment, if the panel so wishes, on the final report
described in paragraph (3).
[(3) Report.--The Secretary shall submit a final
report on the evaluation described in this subsection
by January 1, 1998, to the Committee on Education and
Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate.
[(c) Recipient Evaluation and Quality Assurance
Improvement.--The Secretary is authorized to provide guidance,
technical assistance, and model programs to recipients of
assistance under this Act to strengthen information for quality
assurance and performance information feedback at State and
local levels. Such guidance and assistance shall promote the
development, measurement and reporting of valid, reliable,
timely and consistent performance indicators within a program
in order to promote continuous program improvement. Nothing in
this subsection shall be construed to establish a national data
system.
[PART H--SENSE OF THE CONGRESS
[SEC. 14801. SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE OF FEDERAL
SPENDING ON EDUCATION.
[(a) Findings.--The Congress finds that--
[(1) in order to increase our Nation's standard of
living and to increase the number of good jobs, the
United States must increase its productivity and
ability to compete in the international marketplace by
improving the educational level of our workforce;
[(2) although efforts are being made to establish
higher educational standards and goals, there is a
substantial shortage of resources to meet such
standards and goals;
[(3) States and local communities are finding it
increasingly difficult to meet ever higher educational
standards and goals, and States will not be able to
fund needed changes without Federal help to reach such
standards and goals;
[(4) the Federal Government has established many
educational programs but failed to provide adequate
funding for such programs, for example one such program
provides education to our Nation's disabled students
and was established with a promise of 40 percent
Federal funding but currently receives only eight
percent Federal funding;
[(5) the annual shortfall in Federal education
programs is approximately half of the promised funding;
[(6) many needed educational improvements will not
need Federal funds, however, other suggested changes
such as lengthened school years, better pay, after-
school activities, mentoring for students at risk,
programs for gifted students, and replacing substandard
buildings, will require substantial Federal assistance;
and
[(7) the Federal contribution to education is less
than two percent of the total Federal budget, and in
order to make education a national priority, the total
percentage of Federal educational funding should be
increased by one percent each year over the next eight
years to reach 10 percent of the total Federal budget.
[(b) Sense of the Congress.--It is the sense of the Congress
that the total share of the Federal spending on education
should increase by at least one percent each year until such
share reaches 10 percent of the total Federal budget.
[SEC. 14802. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
[(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to
be purchased with financial assistance provided under this Act,
it is the sense of the Congress that entities receiving such
assistance should, in expending the assistance, purchase only
American-made equipment and products.
[(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.]
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DEPARTMENT OF EDUCATION ORGANIZATION ACT
* * * * * * *
TABLE OF CONTENTS
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
Sec. 201. Establishment.
* * * * * * *
[Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.]
Sec. 209. Office of Educational Services for Limited English Proficient
Children.
* * * * * * *
[Sec. 216. Office of Bilingual Education and Minority Languages
Affairs.]
Sec. 216. Office of Educational Services for Limited English Proficient
Children.
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
* * * * * * *
[office of bilingual education and minority languages affairs]
office of educational services for limited english proficient children
Sec. 209. There shall be in the Department an [Office of
Bilingual Education and Minority Languages Affairs] Office of
Educational Services for Limited English Proficient Children,
to be administered by a [Director of Bilingual Education and
Minority Languages Affairs,] Director of Educational Services
for Limited English Proficient Children, who shall be appointed
by the Secretary. The Director shall coordinate the
administration of bilingual education programs by the
Department and shall consult with the Secretary concerning
policy decisions affecting bilingual education and minority
languages affairs. The Director shall report directly to the
Secretary, and shall perform such additional functions as the
Secretary may prescribe.
* * * * * * *
[SEC. 216. OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES
AFFAIRS.]
SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIMITED ENGLISH PROFICIENT
CHILDREN.
(a) Establishment.--There shall be, in the Department, an
[Office of Bilingual Education and Minority Languages Affairs]
Office of Educational Services for Limited English Proficient
Children through which the Secretary shall carry out functions
relating to bilingual education.
* * * * * * *
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PART B OF TITLE XI OF THE EDUCATION AMENDMENTS OF 1978
* * * * * * *
[PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
[SEC. 1121. 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. 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.
[(2) The Secretary shall take immediate steps to encourage
school boards of Bureau funded schools to engage their
communities in adopting declarations of purposes of education
in their communities, analyzing the implications of such
purposes for their schools, and determining how such purposes
may be made to motivate students and faculties and otherwise
animate their schools by May 1, 1995. Such declarations shall
represent the aspirations of a community for the kinds of
persons such community wants its children to increasingly
become, and shall include such purposes as assuring that all
learners are becoming accomplished in ways important to
themselves and respected by their parents and communities,
shaping worthwhile and satisfying lives for themselves,
exemplifying the best values of the community and humankind,
and becoming increasingly effective in shaping the character
and quality of the world all learners share.
[(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 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.
[(c)(1) The Secretary shall revise the minimum academic
standards published in the Federal Register of September 9,
1985 (50 Fed. Reg. 174) for the basic education of Indian
children in accordance with the purpose described in subsection
(a) and the findings of the studies and surveys described in
subsection (b), and shall publish such revised standards in the
Federal Register for the purpose of receiving comments from the
tribes and other interested parties. Within 21 months of the
date of enactment of the Improving America's Schools Act of
1994, the Secretary shall establish final standards, distribute
such standards to all the tribes and publish such final
standards in the Federal Register. The Secretary shall revise
such final standards periodically as necessary. Prior to any
revision of such final standards, the Secretary shall
distribute such proposed revision to all the tribes, and
publish such proposed revision in the Federal Register, for the
purpose of receiving comments from the tribes and other
interested parties.
[(2) The standards described in paragraph (1) shall apply to
Bureau schools, and subject to subsection (f), to contract or
grant schools, and may also serve as a model for educational
programs for Indian children in public schools. In establishing
and revising such standards, the Secretary shall take into
account the special needs of Indian students and the support
and reinforcement of the specific cultural heritage of each
tribe.
[(d) The Secretary shall provide alternative or modified
standards in lieu of the standards established under subsection
(c), where necessary, so that the programs of each school shall
be in compliance with the minimum standards required for
accreditation of schools in the State where the school is
located.
[(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local
authority to waive, in part or in whole, the standards
established under subsection (c) and (d), where such standards
are deemed by such body to be inappropriate. The tribal
governing body or designated school board shall, within 60 days
thereafter, submit to the Secretary a proposal for alternative
standards that take into account the specific needs of the
tribe's children. Such revised standards shall be established
by the Secretary unless specifically rejected by the Secretary
for good cause and in writing to the affected tribes or local
school board, which rejection shall be final and unreviewable.
[(f)(1) The Secretary, through contracting and grant-making
procedures, shall assist school boards of contract or grant
schools in the implementation of the standards established
under subsections (c) and (d), if the school boards request
that such standards, in part or in whole, be implemented. At
the request of a contract or grant school board, the Secretary
shall provide alternative or modified standards for the
standards established under subsections (c) and (d) to take
into account the needs of the Indian children and the contract
or grant school.
[(2) Within 1 year of the date of the enactment of the Indian
Education Technical Amendments Act of 1985, the Bureau shall,
either directly or through contract with an Indian
organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract or grant schools. Such standards shall yield data
results comparable to those used by Bureau schools.
[(g) Subject to subsections (e) and (f), the Secretary shall
begin to implement the standards established under this section
immediately upon the date of their establishment. Not later
than January 1, 1995, and at each time thereafter that the
annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau
schools and contract or grant schools up to the level required
by the applicable standards established under this section.
Such plan shall include detailed information on the status of
each school's educational program in relation to the applicable
standards established under this section, specific cost
estimates for meeting such standards at each school, and
specific time lines for bringing each school up to the level
required by such standards.
[(h)(1) Except as specifically required by statute, no school
or peripheral dormitory operated by the Bureau on or after
January 1, 1992, may be closed or consolidated or have its
program substantially curtailed unless done according to the
requirements of this subsection, except that, in those cases
where the tribal governing body, or the local school board
concerned (if so designated by the tribal governing body),
requests closure or consolidation, the requirements of this
subsection shall not apply. The requirements of this subsection
shall not apply when a temporary closure, consolidation, or
substantial curtailment is required by plant conditions which
constitute an immediate hazard to health and safety.
[(2) The Secretary shall, by regulation, promulgate standards
and procedures for the closing, consolidation, or substantial
curtailment of Bureau schools in accordance with the
requirements of this subsection.
[(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is under
active consideration or review by any division of the Bureau or
the Department of the Interior, the affected tribe, tribal
governing body, and designated local school board, will be
notified as soon as such consideration or review begins, kept
fully and currently informed, and afforded an opportunity to
comment with respect to such consideration or review. When a
formal decision is made to close, transfer to any other
authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated local
school board shall be notified at least 6 months prior to the
end of the school year preceding the proposed closure date.
Copies of any such notices and information shall be transmitted
promptly to the Congress and published in the Federal Register.
[(4) The Secretary may terminate, contract, transfer to any
other authority, or consolidate or substantially curtail the
operation or facilities of--
[(A) any Bureau funded school that is operated on or
after April 1, 1987,
[(B) any program of such a school that is operated on
or after April 1, 1987, or
[(C) any school board of a school operated under a
grant under the Tribally Controlled Schools Act of
1988,
only if the tribal governing body approves such action.
[(i) There are authorized to be appropriated such sums as may
be necessary, for academic program costs, in order to bring all
Bureau schools and contract or grant schools up to the level
required by the applicable standards established under this
section.
[(j)(1) All Bureau funded schools shall include within their
curriculum a program of instruction relating to alcohol and
substance abuse prevention and treatment. The Assistant
Secretary shall provide the technical assistance necessary to
develop and implement such a program for students in
kindergarten and grades 1 through 12, at the request of--
[(A) any Bureau school (subject to the approval of
the school board of such school);
[(B) any school board of a school operating under a
contract entered into under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.); or
[(C) any school board of a school operating under a
grant under the Tribally Controlled Schools Act of
1988.
[(2) In schools operated directly by the Bureau, the
Secretary shall provide for--
[(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
[(B) individual student crisis intervention.
[(3) The programs requested under paragraph (1) shall be
developed in consultation with the Indian tribe that is to be
served by such program and health personnel in the local
community of such tribe.
[(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and, where
appropriate, tribal elders and Native healers in such
instructions.
[(k) For purposes of this section, the term ``tribal
governing body'' means, with respect to any school, the tribal
governing body, or tribal governing bodies, that represent at
least 90 percent of the students served by such school.
[(l)(1)(A)(i) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing--
[(I) applications from any tribe for the awarding of
a contract or grant for a school that is not a Bureau
funded school; and
[(II) applications from any tribe or school board of
any Bureau funded school for--
[(aa) a school which is not a Bureau funded
school; or
[(bb) the expansion of a Bureau funded school
which would increase the amount of funds
received by the Indian tribe or school board
under section 1127.
[(ii) The Secretary shall give consideration to all of the
factors under clause (i), but none of the applications under
clause (i) may be denied based primarily upon the geographic
proximity of public education.
[(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
[(i) The adequacy of facilities or the potential to
obtain or provide adequate facilities.
[(ii) Geographic and demographic factors in the
affected areas.
[(iii) Adequacy of the applicant's program plans or,
in the case of a Bureau funded school, of projected
needs analysis done either by a tribe or by Bureau
personnel.
[(iv) Geographic proximity of comparable public
education.
[(v) The stated needs of all affected parties,
including students, families, tribal governments at
both the central and local levels, and school
organizations.
[(C) The Secretary shall consider with respect to
applications described in subparagraph (A) the following
factors relating to all the educational services available at
the time the application is considered:
[(i) Geographic and demographic factors in the
affected areas.
[(ii) Adequacy and comparability of programs already
available.
[(iii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
[(iv) The history and success of these services for
the proposed population to be served, as determined
from all factors and not just standardized examination
performance.
[(2)(A) The Secretary shall make a determination of whether
to approve any application described in paragraph (1)(A) by not
later than the date that is 180 days after the day on which
such application is submitted to the Secretary.
[(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an application by
the date described in subparagraph (A), the application shall
be treated as having been approved by the Secretary.
[(3)(A) Any application described in paragraph (1)(A) may be
submitted to the Secretary only if--
[(i) the application has been approved by the tribal
governing body of the students served by (or to be
served by) the school or program that is the subject of
the application, and
[(ii) written evidence of such approval is submitted
with the application.
[(B) Each application described in paragraph (1)(A)--
[(i) shall provide information concerning each of the
factors described in paragraph (1)(B), and
[(ii) may provide information concerning the factors
described in paragraph (1)(C).
[(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A), the
Secretary shall--
[(A) state the objections in writing to the applicant
by not later than the date that is 180 days after the
day on which the application is submitted to the
Secretary,
[(B) provide assistance to the applicant to overcome
stated objections, and
[(C) provide the applicant a hearing, under the same
rules and regulations pertaining to the Indian Self-
Determination and Education Assistance Act, and an
opportunity to appeal the objections raised by the
Secretary.
[(5)(A) Except as otherwise provided in this paragraph, the
action which is the subject of any application described in
paragraph (1)(A) that is approved by the Secretary shall become
effective with the commencement of the academic year succeeding
the fiscal year in which the application is approved, or at an
earlier date determined by the Secretary.
[(B) If an application is treated as having been approved by
the Secretary by reason of paragraph (2)(B), the action that is
the subject of the application shall become effective on the
date that is 18 months after the date on which the application
is submitted to the Secretary, or at an earlier date determined
by the Secretary.
[SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
[(a) The Secretary, in consultation with the Secretary of the
Department of Education, and in consultation with Indian
organizations and tribes, shall conduct or cause to be
conducted by contract with an Indian organization, a study of
the costs applicable to boarding arrangements for Indian
students provided in Bureau schools, and contract or grant
schools, for the purpose of establishing national criteria for
such dormitory situations. Such criteria shall include adult-
child ratios, needs for counselors (including special needs
related to off-reservation boarding arrangements), space, and
privacy.
[(b) Not later than January 1, 1996, the Secretary shall
propose such criteria, and shall distribute such proposed
criteria to the tribes and publish such proposed criteria in
the Federal Register for the purpose of receiving comments from
the tribes and other interested parties. Within 18 months of
the date of the enactment of the Improving America's Schools
Act of 1994, the Secretary shall establish final criteria,
distribute such final criteria to all the tribes, and publish
such final criteria in the Federal Register. The Secretary
shall revise such final criteria periodically as necessary. Any
revisions to the criteria established under this section shall
be developed subject to requirements established under section
1131.
[(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of the
establishment of such criteria. Not later than January 1, 1997,
and at each time thereafter that the annual budget request for
Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed
plan to bring all Bureau contract boarding schools up to the
criteria established under this section. Such plan shall
include predictions for the relative need for each boarding
school in the future, detailed information on the status of
each school in relation to the criteria established under this
section, specific cost estimates for meeting such criteria at
each school, and specific time lines for bringing each school
up to the level required by such criteria.
[(d)(1) The criteria established under this section may be
waived in the same manner as the standards provided under
section 1121(c) may be waived under section 1121(e).
[(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to
another authority, consolidated or have its program
substantially curtailed for failure to meet the criteria.
[(e) There are authorized to be appropriated such sums as may
be necessary in order to bring each school up to the level
required by the criteria established under this section.
[SEC. 1123. REGULATIONS.
[(a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect on January 1, 1987, are
incorporated into this Act and shall be treated as though such
provisions are set forth in this subsection. Accordingly, such
provisions may be altered only by means of an amendment to this
subsection that is contained in an Act or joint resolution
which is enacted into law. To the extent that such provisions
of part 32 do not conform with this Act or any statutory
provision of law enacted before the date of enactment of this
Act, the provisions of this Act and the provisions of such
other statutory law shall govern.
[(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of
title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, shall be applied by the Federal Government and
shall not, before July 1, 1989, be amended, revoked, or altered
in any manner. No officer or employee of the executive branch
shall have the authority to issue any other regulations, prior
to July 1, 1989, that supersede, supplement, or otherwise
affect the provisions of such parts. To the extent that the
provisions of such parts do not conform with this Act or any
statutory provision of law enacted before the date of enactment
of this Act, the provisions of this Act and the provisions of
such other statutory law shall govern.
[(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall
become effective unless--
[(1) the regulation has been published as a proposed
regulation in the Federal Register,
[(2) an opportunity of not less than 90 days has been
afforded the public to comment on the published
proposed regulation, and
[(3) the regulation has, after such period for public
comment, been published in the Federal Register as a
final regulation.
[(d) For purposes of this section, the term ``regulation''
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed by
any officer or employee of the executive branch.
[SEC. 1124. SCHOOL BOUNDARIES.
[(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each
Bureau school.
[(b)(1) Except as provided in paragraph (2), on or after July
1, 1985, no attendance area shall be changed or established
with respect to any Bureau funded school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been (i) afforded
at least six months notice of the intention of the Bureau to
change or establish such attendance area, and (ii) given the
opportunity to propose alternative boundaries. Any tribe may
petition the Secretary for revision of existing attendance area
boundaries. The Secretary shall accept such proposed
alternative or revised boundaries unless the Secretary finds,
after consultation with the affected tribe or tribes, that such
revised boundaries do not reflect the needs of the Indian
students to be served or do not provide adequate stability to
all of the affected programs.
[(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing body.
Any such boundaries so established shall be accepted by the
Secretary.
[(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance area
for the program shall be the boundaries of the reservation
served, and those students residing near the reservation shall
also receive services from such program.
[(d) The Bureau shall include in the regulations the
requirement that each appropriate education line officer
coordinate and consult with the affected tribes and relevant
school boards in the establishment of such geographic
boundaries.
[SEC. 1125. FACILITIES CONSTRUCTION.
[(a) The Secretary shall immediately begin to bring all
schools, dormitories, and other facilities operated by the
Bureau or under contract or grant with the Bureau in connection
with the education of Indian children into compliance with all
applicable Federal, tribal, or State health and safety
standards, whichever provide greater protection (except that
the tribal standards to be applied shall be no greater than any
otherwise applicable Federal or State standards), with section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and with
the Americans with Disabilities Act of 1990, except that
nothing in this section shall require termination of the
operations of any facility which does not comply with such
provisions and which is in use on the date of enactment of the
Improving America's Schools Act of 1994.
[(b) By January 1, 1996, and at each time thereafter that the
annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such facilities
into compliance with such standards. Such plan shall include
detailed information on the status of each facility's
compliance with such standards, specific cost estimates for
meeting such standards at each school, and specific time lines
for bringing each school into compliance with such standards.
[(c) Within six months of the date of enactment of this Act,
the Secretary shall submit to the appropriate committees of
Congress, and publish in the Federal Register, the system used
to establish priorities for school construction projects. At
the time any budget request for school construction is
presented, the Secretary shall publish in the Federal Register
and submit with the budget request the current list of all
school construction priorities.
[(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially curtailed,
by reason of plant conditions that constitute an immediate
hazard to health and safety only if a health and safety officer
of the Bureau determines that such conditions exist at the
Bureau school.
[(2)(A) In making determinations described in paragraph (1)
before July 1, 1989, health and safety officers of the Bureau
shall use the health and safety guidelines of the Bureau that
were in effect on January 1, 1988.
[(B)(i) If--
[(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
[(II) action described in paragraph (1) is taken
after June 30, 1989, and before the date on which such
regulations are published in final form in the Federal
Register by reason of the condition of any plant,
an inspection of the condition of such plant shall be conducted
by an appropriate tribal, county, municipal, or State health
and safety officer to determine whether conditions at such
plant constitute an immediate hazard to health and safety. Such
inspection shall be completed by not later than the date that
is 30 days after the date on which the action described in
paragraph (1) is taken.
[(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly by
the Secretary and the tribes affected by the action described
in paragraph (1). If the Secretary and such tribes are unable
to agree on the designation of the health and safety officer,
the Secretary shall designate the health and safety officer and
shall provide notice of such designation to each of such tribes
before the inspection is conducted by such officer.
[(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines that
conditions at the plant do not constitute an immediate hazard
to health and safety, any consolidation or curtailment that was
made by reason of conditions at the plant shall immediately
cease and any school closed by reason of conditions at the
plant shall be reopened immediately.
[(3) If--
[(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason of plant conditions
that constitute an immediate hazard to health and
safety, and
[(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1 year
in duration,
the Secretary shall submit to the Congress, by not later than
the date that is 6 months after the date on which the closure,
consolidation, or curtailment is initiated, a report which sets
forth the reasons for such temporary actions and the actions
the Secretary is taking to eliminate the conditions that
constitute the hazard.
[(e) There are authorized to be appropriated such sums as may
be necessary to carry out subsection (a).
[SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
[(a) The Secretary shall vest in the Assistant Secretary for
Indian Affairs all functions with respect to formulation and
establishment of policy and procedure, and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education.
[(b) The Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved with provision of education services by the Bureau,
including school or institution custodial or maintenance
personnel. The Assistant Secretary for Indian Affairs shall
provide for the adequate coordination between the affected
Bureau Offices and the Office to facilitate the consideration
of all contract functions relating to education. Except as
required by section 1129, nothing in this Act shall be
construed to require the provision of separate support services
for Indian education.
[(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with
the first sentence of subsection (b) shall--
[(1) monitor and evaluate Bureau education programs,
[(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions, and
[(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting,
personnel, and curriculum.
[(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan--
[(A) for school facilities to be constructed under
the system required by section 1125(c);
[(B) for establishing priorities among projects and
for the improvement and repair of education facilities,
which together shall form the basis for the
distribution of appropriated funds; and
[(C) including a 5-year plan for capital
improvements.
[(2)(A) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the
operation and maintenance of education facilities. Such program
shall include--
[(i) a method of computing the amount necessary for
each education facility;
[(ii) similar treatment of all Bureau funded schools;
[(iii) a notice of an allocation of appropriated
funds from the Director of the Office directly to the
appropriate education line officers; and
[(iv) a system for the conduct of routine preventive
maintenance.
[(B) The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or area
directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made by the appropriate education line
officers, except that no funds under this part may be
authorized for expenditure unless such appropriate education
line officer is assured that the necessary maintenance has
been, or will be, provided in a reasonable manner. Subject to
the requirements of subsection (b) of this section, nothing in
this Act shall be construed to require the provision of
separate operations and maintenance personnel for the Office.
[(3) The requirements of this subsection shall be implemented
not later than July 1, 1995.
[(e) Notwithstanding any other provision of law, the Director
shall promulgate guidelines for the establishment of mechanisms
for the acceptance of gifts and bequests for the use of, and
benefit of, particular schools or designated Bureau operated
education programs, including, where appropriate, the
establishment and administration of trust funds. When a Bureau
operated program is the beneficiary of such a gift or bequest,
the Director shall make provisions for monitoring its use, and
shall report to the appropriate committees of Congress the
amount and terms of such gift or bequest, the use to which such
gift or bequest is put, and any positive results achieved by
such action.
[(f) For the purpose of this section the term ``functions''
includes powers and duties.
[SEC. 1127. ALLOTMENT FORMULA.
[(a)(1) The Secretary shall establish, by regulation adopted
in accordance with section 1139, a formula for determining the
minimum annual amount of funds necessary to sustain each Bureau
funded school. In establishing such formula, the Secretary
shall consider--
[(A) the number of eligible Indian students served
and size of the school;
[(B) special cost factors, such as--
[(i) the isolation of the school;
[(ii) the need for special staffing,
transportation, or educational programs;
[(iii) food and housing costs;
[(iv) maintenance and repair costs associated
with the physical condition of the educational
facilities;
[(v) special transportation and other costs
of isolated and small schools;
[(vi) the costs of boarding arrangements,
where determined necessary by a tribal
governing body or designated local school
board;
[(vii) costs associated with greater lengths
of service by educational personnel; and
[(viii) special programs for gifted and
talented students;
[(C) the cost of providing academic services which
are at least equivalent to those provided by public
schools in the State in which the school is located;
and
[(D) such other relevant factors as the Secretary
determines are appropriate.
[(2) Upon the establishment of the standards required by
sections 1121 and 1122, the Secretary shall revise the formula
established under this subsection to reflect the cost and
funding standards so established. Prior to January 1, 1996, the
Secretary shall review the formula established under this
section and shall take such steps as may be necessary to
increase the availability of counseling services for students
in off-reservation boarding schools and other Bureau operated
residential facilities. Concurrent with such action, the
Secretary shall review the standards established under section
1121 to be certain that adequate provision is made for parental
notification regarding, and consent for, such counseling
services.
[(b) Notwithstanding any other provisions of law, Federal
funds appropriated for the general local operation of Bureau
funded schools shall be allotted pro rata in accordance with
the formula established under subsection (a).
[(c)(1) For fiscal year 1990, and for each subsequent fiscal
year, the Secretary shall adjust the formula established under
subsection (a) to--
[(A) use a weighted unit of 1.2 for each eligible
Indian student enrolled in the seventh and eighth
grades of the school in considering the number of
eligible Indian students served by the school;
[(B) consider a school with an enrollment of less
than 50 eligible Indian students as having an average
daily attendance of 50 eligible Indian students for
purposes of implementing the adjustment factor for
small schools; and
[(C) take into account the provision of residential
services on a less than 9-month basis at a school when
the school board and supervisor of the school determine
that a less than 9-month basis will be implemented for
the school year involved.
[(2)(A) The Secretary shall reserve for national school board
training 0.2 percent of the funds appropriated for each fiscal
year for distribution under this section. Such training shall
be conducted through the same organizations through which, and
in the same manner in which, the training was conducted in
fiscal year 1992, except that the contracts for distribution of
such funds shall require that such funds be distributed by the
recipient organizations in a manner that assures the same pro
rata share is made available for training for each school board
in the system. If the contract for such training is not awarded
before May 1 of each fiscal year, the contract under which such
training was provided for the fiscal year preceding such fiscal
year shall be renewed by the Secretary for such fiscal year.
The agenda for the training sessions shall be established by
the school boards through their regional or national
organizations.
[(B) For each year in which the Secretary uses a weighted
unit formula established under subsection (a) to fund Bureau
schools, a Bureau school which generates less than 168 weighted
units shall receive an additional 2 weighted units to defray
school board activities.
[(C) From the funds allotted in accordance with the formula
established under subsection (a) for each Bureau school, the
local school board of such school may reserve an amount which
does not exceed the greater of--
[(i) $5,000, or
[(ii) the lesser of--
[(I) $15,000, or
[(II) 1 percent of such allotted funds,
for school board activities for such school, including and
notwithstanding any other provision of law, meeting expenses
and the cost of membership in, and support of, organizations
engaged in activities on behalf of Indian education.
[(3) The Secretary shall adjust the formula established under
subsection (a) to use a weighted unit of 2.0 for each eligible
Indian student that--
[(A) is gifted and talented, and
[(B) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served by
the school.
[(4)(A) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 0.25 for each
eligible Indian student who is enrolled in a year-long credit
course in an Indian or Native language as part of the regular
curriculum of a school, in considering the number of eligible
Indian students served by such school.
[(B) The adjustment required under subparagraph (A) shall be
used for such school after--
[(i) the certification of the Indian or Native
language curriculum by the school board of such school
to the Secretary, together with an estimate of the
number of full-time students expected to be enrolled in
the curriculum in the second school year following the
school year for which the certification is made; and
[(ii) the funds appropriated for allotment under this
section are designated by the appropriations Act
appropriating such funds as the amount necessary to
implement such adjustment at such school without
reducing allotments made under this section to any
school by virtue of such adjustment.
[(d) The Secretary shall reserve from the funds available for
distribution for each fiscal year under this section an amount
which, in the aggregate, shall equal 1 percent of the funds
available for such purpose for that fiscal year. Such funds
shall be used, at the discretion of the Director of the Office,
to meet emergencies and unforeseen contingencies affecting the
education programs funded under this section. Funds reserved
under this subsection may only be expended for education
services or programs at a schoolsite (as defined in section
5204(c)(2) of the Tribally Controlled Schools Act of 1988).
Funds reserved under this subsection shall remain available
without fiscal year limitation until expended. However, the
aggregate amount available from all fiscal years may not exceed
1 percent of the current year funds. Whenever the Secretary
makes funds available under this subsection, the Secretary
shall report such action to the appropriate committees of
Congress within the annual budget submission.
[(e) Supplemental appropriations enacted to meet increased
pay costs attributable to school level personnel shall be
distributed under this section.
[(f) For the purpose of this section, the term ``eligible
Indian student'' means a student who--
[(1) is a member of or is at least a \1/4\ degree
Indian blood descendant of a member of an Indian tribe
which is eligible for the special programs and services
provided by the United States through the Bureau to
Indians because of their status as Indians, and
[(2) resides on or near an Indian reservation or
meets the criteria for attendance at a Bureau off-
reservation boarding school.
[(g)(1) An eligible Indian student may not be charged tuition
for attendance at a Bureau school or contract or grant school.
A student attending a Bureau school under paragraph (2)(C) may
not be charged tuition.
[(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student if--
[(A) the Secretary determines that the student's
attendance will not adversely affect the school's
program for eligible Indian students because of cost,
overcrowding, or violation of standards,
[(B) the school board consents,
[(C) the student is a dependent of a Bureau, Indian
Health Service, or tribal government, employee who
lives on or near the school site, or
[(D) a tuition is paid for the student that is not
more than that charged by the nearest public school
district for out-of-district students, is in addition
to the school's allocation under this section.
[(3) The school board of a contract or grant school may
permit students who are not eligible Indian students under this
subsection to attend its contract school or grant school and
any tuition collected for those students is in addition to
funding under this section.
[(h) Notwithstanding any other provision of law, at the
election of the school board of a Bureau school made at any
time during the fiscal year, a portion equal to not more than
15 percent of the funds allocated with respect to a school
under this section for any fiscal year shall remain available
to the school for expenditure without fiscal year limitation.
The Assistant Secretary shall take steps as may be necessary to
implement this provision immediately.
[(i) Beginning with academic year 1994-1995, tuition for the
out-of-State students boarding at the Richfield Dormitory in
Richfield, Utah, who attend Sevier County high schools in
Richfield, Utah, shall be paid from the Indian school
equalization program funds authorized in this section and
section 1130 at a rate not to exceed the amount per weighted
student unit for that year for the instruction of such
students. No additional administrative cost funds shall be
added to the grant.
[SEC. 1128. ADMINISTRATIVE COST GRANTS.
[(a)(1) The Secretary shall, subject to the availability of
appropriated funds, provide grants to each tribe or tribal
organization operating a contract school or grant school in the
amount determined under this section with respect to the tribe
or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract or grant schools in order to--
[(A) enable tribes and tribal organizations operating
such schools, without reducing direct program services
to the beneficiaries of the program, to provide all
related administrative overhead services and operations
necessary to meet the requirements of law and prudent
management practice, and
[(B) carry out other necessary support functions
which would otherwise be provided by the Secretary or
other Federal officers or employees, from resources
other than direct program funds, in support of
comparable Bureau operated programs.
[(2) Amounts appropriated to fund the grants provided under
this section shall be in addition to, and shall not reduce, the
amounts appropriated for the program being administered by the
contract or grant school.
[(b)(1) The amount of the grant provided to each tribe or
tribal organization under this section for each fiscal year
shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c) does not
apply to other programs operated by the tribe or tribal
organization.
[(2) The Secretary shall--
[(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for
administrative costs are actually received by an Indian
tribe or tribal organization under any Federal
education program included in the direct cost base of
the tribe or tribal organization, and
[(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the
Federal Government for the portion of grants made under
this section for the costs of administering any program
for Indians that is funded by appropriations made to
such other department or agency.
[(c)(1) For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal
year is equal to the percentage determined by dividing--
[(A) the sum of--
[(i) the amount equal to--
[(I) the direct cost base of the
tribe or tribal organization for the
fiscal year, multiplied by
[(II) the minimum base rate, plus
[(ii) the amount equal to--
[(I) the standard direct cost base,
multiplied by
[(II) the maximum base rate, by
[(B) the sum of--
[(i) the direct cost base of the tribe or
tribal organization for the fiscal year, plus
[(ii) the standard direct cost base.
[(2) The administrative cost percentage rate shall be
determined to the \1/100\ of a decimal point.
[(d)(1)(A) Funds received by a tribe or contract or grant
school as grants under this section for tribal elementary or
secondary educational programs may be combined by the tribe or
contract or grant school into a single administrative cost
account without the necessity of maintaining separate funding
source accounting.
[(B) Indirect cost funds for programs at the school which
share common administrative services with tribal elementary or
secondary educational programs may be included in the
administrative cost account described in subparagraph (A).
[(2) Funds received as grants under this section with respect
to tribal elementary or secondary education programs shall
remain available to the contract or grant school without fiscal
year limitation and without diminishing the amount of any
grants otherwise payable to the school under this section for
any fiscal year beginning after the fiscal year for which the
grant is provided.
[(3) Funds received as grants under this section for Bureau
funded programs operated by a tribe or tribal organization
under a contract or agreement shall not be taken into
consideration for purposes of indirect cost underrecovery and
overrecovery determinations by any Federal agency for any other
funds, from whatever source derived.
[(4) In applying this section and section 105 of the Indian
Self-Determination and Education Assistance Act with respect to
an Indian tribe or tribal organization that--
[(A) receives funds under this section for
administrative costs incurred in operating a contract
or grant school or a school operated under the Tribally
Controlled Schools Act of 1988, and
[(B) operates 1 or more other programs under a
contract or grant provided under the Indian Self-
Determination and Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs, and of the indirect costs, that are
associated with operating the contract or grant school, a
school operated under the Tribally Controlled Schools Act of
1988, and all of such other programs, except that funds
appropriated for implementation of this section shall be used
only to supply the amount of the grant required to be provided
by this section.
[(e) For purposes of this section:
[(1)(A) The term ``administrative cost'' means the
costs of necessary administrative functions which--
[(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program,
[(ii) are not customarily paid by comparable
Bureau operated programs out of direct program
funds, and
[(iii) are either--
[(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau
direct program funds, or
[(II) are otherwise required of
tribal self-determination program
operators by law or prudent management
practice.
[(B) The term ``administrative cost'' may include--
[(i) contract or grant (or other agreement)
administration;
[(ii) executive, policy, and corporate
leadership and decisionmaking;
[(iii) program planning, development, and
management;
[(iv) fiscal, personnel, property, and
procurement management;
[(v) related office services and record
keeping; and
[(vi) costs of necessary insurance, auditing,
legal, safety and security services.
[(2) The term ``Bureau elementary and secondary
functions'' means--
[(A) all functions funded at Bureau schools
by the Office;
[(B) all programs--
[(i) funds for which are appropriated
to other agencies of the Federal
Government, and
[(ii) which are administered for the
benefit of Indians through Bureau
schools; and
[(C) all operation, maintenance, and repair
funds for facilities and government quarters
used in the operation or support of elementary
and secondary education functions for the
benefit of Indians, from whatever source
derived.
[(3)(A) Except as otherwise provided in this
subparagraph (B), the direct cost base of a tribe or
tribal organization for the fiscal year is the
aggregate direct cost program funding for all tribal
elementary or secondary educational programs operated
by the tribe or tribal organization during--
[(i) the second fiscal year preceding such
fiscal year, or
[(ii) if such programs have not been operated
by the tribe or tribal organization during the
2 preceding fiscal years, the first fiscal year
preceding such fiscal year.
[(B) In the case of Bureau elementary or secondary
education functions which have not previously been
operated by a tribe or tribal organization under
contract, grant, or agreement with the Bureau, the
direct cost base for the initial year shall be the
projected aggregate direct cost program funding for all
Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during
that fiscal year.
[(4) The term ``maximum base rate'' means 50 percent.
[(5) The term ``minimum base rate'' means 11 percent.
[(6) The term ``standard direct cost base'' means
$600,000.
[(7) The term ``tribal elementary or secondary
educational programs'' means all Bureau elementary and
secondary functions, together with any other Bureau
programs or portions of programs (excluding funds for
social services that are appropriated to agencies other
than the Bureau and are expended through the Bureau,
funds for major subcontracts, construction, and other
major capital expenditures, and unexpended funds
carried over from prior years) which share common
administrative cost functions, that are operated
directly by a tribe or tribal organization under a
contract, grant, or agreement with the Bureau.
[(f)(1) Upon the date of enactment of the Indian Education
Amendments of 1988, the Secretary shall--
[(A) conduct such studies as may be needed to
establish an empirical basis for determining relevant
factors substantially affecting the required
administrative costs of tribal elementary and secondary
educational programs, using the formula set forth in
subsection (c), and
[(B) conduct a study to determine--
[(i) a maximum base rate which ensures that
the amount of the grants provided under this
section will provide adequate (but not
excessive) funding of the administrative costs
of the smallest tribal elementary or secondary
educational programs,
[(ii) a minimum base rate which ensures that
the amount of the grants provided under this
section will provide adequate (but not
excessive) funding of the administrative costs
of the largest tribal elementary or secondary
educational programs, and
[(iii) a standard direct cost base which is
the aggregate direct cost funding level for
which the percentage determined under
subsection (c) will--
[(I) be equal to the median between
the maximum base rate and the minimum
base rate, and
[(II) ensure that the amount of the
grants provided under this section will
provide adequate (but not excessive)
funding of the administrative costs of
tribal elementary or secondary
educational programs closest to the
size of the program.
[(2) The studies required under paragraph (1) shall--
[(A) be conducted in full consultation (in accordance
with section 1131) with--
[(i) the tribes and tribal organizations that
are affected by the application of the formula
set forth in subsection (c), and
[(ii) all national and regional Indian
organizations of which such tribes and tribal
organizations are typically members;
[(B) be conducted onsite with a representative
statistical sample of the tribal elementary or
secondary educational programs under a contract entered
into with a nationally reputable public accounting and
business consulting firm;
[(C) take into account the availability of skilled
labor, commodities, business and automatic data
processing services, related Indian preference and
Indian control of education requirements, and any other
market factors found substantially to affect the
administrative costs and efficiency of each such tribal
elementary or secondary educational program studied in
order to assure that all required administrative
activities can reasonably be delivered in a cost
effective manner for each such program, given an
administrative cost allowance generated by the values,
percentages, or other factors found in the studies to
be relevant in such formula;
[(D) identify, and quantify in terms of percentages
of direct program costs, any general factors arising
from geographic isolation, or numbers of programs
administered, independent of program size factors used
to compute a base administrative cost percentage in
such formula; and
[(E) identify any other incremental cost factors
substantially affecting the costs of required
administrative cost functions at any of the tribal
elementary or secondary educational programs studied
and determine whether the factors are of general
applicability to other such programs, and (if so) how
the factors may effectively be incorporated into such
formula.
[(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and afford
an opportunity to participate to, the Inspector General of the
Department of the Interior.
[(4) Determinations described in paragraph (2)(C) shall be
based on what is pragmatically possible to do at each location
studied, given prudent management practice, irrespective of
whether required administrative services were actually or fully
delivered at these sites, or other services were delivered
instead, during the period of the study.
[(5) Upon completion of the studies conducted under paragraph
(1), but in no case later than October 1, 1989, the Secretary
shall submit to the Congress a report on the findings of the
studies, together with determinations based upon such findings
that would affect the definitions of terms used in the formula
that is set forth in subsection (c).
[(6) The Secretary shall include in the Bureau's
justification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
[(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all Bureau
funded programs which share common administrative cost
functions.
[(g)(1) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out this
section.
[(2) If the total amount of funds necessary to provide grants
to tribes and tribal organizations in the amounts determined
under subsection (b) for a fiscal year exceeds the amount of
funds appropriated to carry out this section for such fiscal
year, the Secretary shall reduce the amount of each grant
determined under subsection (b) for such fiscal year by an
amount that bears the same relationship to such excess as the
amount of such grant determined under subsection (b) bears to
the total of all grants determined under subsection (b) for all
tribes and tribal organizations for such fiscal year.
[(h)(1) Notwithstanding any other provision of this section,
the amount of the grants provided under this section for fiscal
year 1989 shall--
[(A) in lieu of being determined under subsection
(b), be determined for each tribal elementary or
secondary educational program on the same basis that
indirect costs were determined for such programs for
fiscal year 1988, and
[(B) be subject to the provisions of subsection (d).
[(2) Notwithstanding any other provision of this section, the
amount of the grant provided under this section for fiscal year
1990 with respect to each tribal elementary and secondary
educational program that was operated by a tribe or tribal
organization in fiscal year 1989 shall be equal to--
[(A) if the amount of the grant determined under
subsection (b) for fiscal year 1990 with respect to
such program exceeds the amount received by the tribe
or tribal organization with respect to such program for
administrative costs for fiscal year 1988 (or fiscal
year 1989 if such program was not operated by the tribe
or tribal organization during fiscal year 1988), the
sum of--
[(i) such amount received, plus
[(ii) \1/3\ of the excess of--
[(I) such amount determined under
subsection (b), over
[(II) such amount received, or
[(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
[(i) such amount received, over
[(ii) an amount equal to \1/3\ of the excess
of--
[(I) such amount received, over
[(II) such amount determined under
subsection (b).
[(3) Notwithstanding any other provision of this section, the
amount of the grants provided under this section for fiscal
year 1991 with respect to each tribal elementary and secondary
educational program that was operated by a tribe or tribal
organization in fiscal year 1989 shall be equal to--
[(A) if the amount of the grant determined under
subsection (b) for fiscal year 1991 with respect to
such program exceeds the amount received by the tribe
or tribal organization with respect to such program for
administrative costs for fiscal year 1990, the sum of--
[(i) such amount received, plus
[(ii) \1/2\ of the excess of--
[(I) such amount determined under
subsection (b), over
[(II) such amount received, or
[(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
[(i) such amount received, over
[(ii) an amount equal to \1/2\ of the excess
of--
[(I) such amount received over,
[(II) such amount determined under
subsection (b).
[(i) The provisions of this section shall also apply to those
schools operating under the Tribally Controlled Schools Act of
1988.
[SEC. 1129. DIVISION OF BUDGET ANALYSIS.
[(a) Within 24 months of the date of enactment of the
Improving America's Schools Act of 1994, the Secretary shall
establish within the Office a Division of Budget Analysis
(hereinafter referred to as the ``Division''). Such Division
shall be under the direct supervision and control of the
Director of the Office.
[(b) The Division shall have the capacity to conduct such
studies, surveys, or other activities as are necessary to
gather demographic information on Bureau-funded schools
(current and future) and project the amount necessary to
provide Indian students in such schools the educational program
set forth in this part.
[(c) The Division shall prepare projections on such amounts,
along with such other information as the Director of the Office
shall require, for each fiscal year beginning after October 1,
1996. The Director of the Office and the Assistant Secretary
for Indian Affairs shall use such reports when preparing their
annual budget submissions.
[SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
[(a)(1) Within six months after the date of enactment of the
Improving America's Schools Act of 1994, the Secretary shall
establish, by regulation adopted in accordance with section
1139, a system for the direct funding and support of all Bureau
funded schools. Such system shall allot funds, in accordance
with section 1127. All amounts appropriated for distribution
under this section may be made available under paragraph (2).
[(2)(A) For the purpose of affording adequate notice of
funding available pursuant to the allotments made by section
1127, amounts appropriated in an appropriation Act for any
fiscal year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which such
amounts are appropriated without further action by the
Secretary, and shall remain available for obligation through
the succeeding fiscal year.
[(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
[(i) publish, on July 1 of the fiscal year for which
the funds are appropriated, allotments to each affected
school made under section 1127 of 85 percent of such
appropriation; and
[(ii) publish, not later than September 30 of such
fiscal year, the allotments to be made under section
1127 of the remaining 15 percent of such appropriation,
adjusted to reflect actual student attendance.
[(3)(A) Notwithstanding any law or regulation, the supervisor
of a Bureau school may expend an aggregate of not more than
$35,000 of the amount allotted the school under section 1127 to
acquire supplies and equipment for the school without
competitive bidding if--
[(i) the cost for any single item purchased does not
exceed $10,000;
[(ii) the school board approves the procurement;
[(iii) the supervisor certifies that the cost is fair
and reasonable;
[(iv) the documents relating to the procurement
executed by the supervisor or other school staff cite
this paragraph as authority for the procurement; and
[(v) the transaction is documented in a journal
maintained at the school clearly identifying when the
transaction occurred, what was acquired and from whom,
the prices paid, the quantities acquired, and any other
information the supervisor or school board considers
relevant.
[(B) The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this paragraph, and shall be
responsible for the provision of guidelines on the use of this
paragraph and adequate training on such guidelines.
[(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section 1127 for
any fiscal year by more than 7 percent of the amount of funds
available for allotment under such section during the preceding
fiscal year--
[(A) the Secretary, notwithstanding any other law,
may use--
[(i) funds appropriated for the operation of
any Bureau school that is closed or
consolidated, and
[(ii) funds appropriated for any program that
has been curtailed at any Bureau school,
to fund allotments made under section 1127, and
[(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the
closure or consolidation of a school, or the
curtailment of a program at a school, during such
fiscal year if the funds described in clauses (i) and
(ii) of subparagraph (A) with respect to such school
are used to fund allotments made under section 1127 for
such fiscal year.
[(b) In the case of all Bureau schools, allotted funds shall
be expended on the basis of local financial plans which shall
be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the authority
to ratify, reject, or amend such financial plan, and
expenditures thereunder, and, on its own determination or in
response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall provide
the appropriate union representative of the education employees
with copies of proposed draft financial plans and all
amendments or modifications thereto, at the same time such
copies are submitted to the local school board. The supervisor
of the school may appeal any such action of the local school
board to the appropriate education line officer of the Bureau
agency by filing a written statement describing the action and
the reasons the supervisor believes such action should be
overturned. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appropriate
education line officer may, for good cause, overturn the action
of the local school board. The appropriate line education
officer shall transmit the determination of such appeal in the
form of a written opinion to such board and to such supervisor
identifying the reasons for overturning such action.
[(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical
assistance and training in the field of education by the Bureau
unless such services are provided in accordance with a plan,
agreed to by the tribe or tribes affected and the Bureau, under
which control of education programs is intended to be
transferred to such tribe or tribes within a specific period of
time negotiated under such agreement. The Secretary may approve
applications for funding tribal divisions of education and the
development of tribal codes of education from funds
appropriated pursuant to section 104(a) of such Act.
[(d) In the exercise of its authority under this section, a
local school board may request technical assistance and
training from the Secretary, and the Secretary shall, to the
greatest extent possible, provide such services, and make
appropriate provisions in the budget of the Office for such
services.
[(e)(1) A financial plan under subsection (b) for a school
may include, at the discretion of the local administrator and
the school board of such school, a provision for a summer
program of academic and support services for students of the
school. Any such program may include activities related to the
prevention of alcohol and substance abuse. The Assistant
Secretary of Indian Affairs shall provide for the utilization
of any such school facility during any summer in which such
utilization is requested.
[(2) Notwithstanding any other provision of law, funds
authorized under the Act of April 16, 1934 (25 U.S.C. 452 et
seq.) and this Act may be used to augment the services provided
in each summer program at the option, and under the control, of
the tribe or Indian controlled school receiving such funds.
[(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office, shall provide technical
assistance and coordination for any program described in
paragraph (1) and shall, to the extent possible, encourage the
coordination of such programs with any other summer programs
that might benefit Indian youth, regardless of the funding
source or administrative entity of any such program.
[(f)(1) From funds allotted to a Bureau school under section
1127, the Secretary shall, if specifically requested by the
tribal governing body (within the meaning of section 1121(k)),
implement any cooperative agreement entered into between the
tribe, the Bureau school board, and the local public school
district which meets the requirements of paragraph (2) and
involves the school. The tribe, the Bureau school board, and
the local public school district shall determine the terms of
the agreement. Such agreement may encompass coordination of all
or any part of the following:
[(A) Academic program and curriculum, unless the
Bureau school is currently accredited by a State or
regional accrediting entity and would not continue to
be so accredited.
[(B) Support services, including procurement and
facilities maintenance.
[(C) Transportation.
[(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though this
requirement shall not be construed so as to require equal
expenditures or an exchange of similar services.
[(g) Notwithstanding any other provision of law, where there
is agreement on action between the superintendent and the
school board of a Bureau funded school, the product or result
of a project conducted in whole or in major part by a student
may be given to that student upon the completion of such
project.
[(h) Notwithstanding any other provision of law, funds
received by a Bureau funded school under this title shall not
be considered Federal funds for purposes of meeting a matching
funds requirement in any Federal program.
[SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
[(a) It shall be the policy of the Secretary and the Bureau,
in carrying out the functions of the Bureau, to facilitate
Indian control of Indian affairs in all matters relating to
education.
[(b)(1) All actions under this Act shall be done with active
consultation with tribes.
[(2) The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation of
all options with respect to potential issues or changes between
the Bureau and all interested parties. During such discussions
and joint deliberations, interested parties (including tribes
and school officials) shall be given an opportunity to present
issues including proposals regarding changes in current
practices or programs which will be considered for future
action by the Bureau. All interested parties shall be given an
opportunity to participate and discuss the options presented or
to present other alternatives, with the views and concerns of
the interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for another
course of action. The Secretary shall submit to any Member of
Congress, within 18 days of the receipt of a written request by
such Member, a written explanation of any decision made by the
Secretary which is not consistent with the views of the
interested parties.
[SEC. 1132. EDUCATION PERSONNEL.
[(a)(1) Chapter 51, subchapter III of chapter 53, and chapter
63 of title 5, United States Code, relating to classification,
pay, and leave, respectively, and the sections of such title
relating to the appointment, promotion, and removal of civil
service employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
[(2) Paragraph (1) shall take effect 1 year after the date of
enactment of this Act.
[(b) Not later than the effective date of subsection (a)(2),
the Secretary shall prescribe regulations to carry out this
section. Such regulations shall govern--
[(1) the establishment of education positions,
[(2) the establishment of qualifications for
educators,
[(3) the fixing of basic compensation for educators
and education positions,
[(4) the appointment of educators,
[(5) the discharge of educators,
[(6) the entitlement of educators to compensation,
[(7) the payment of compensation to educators,
[(8) the conditions of employment of educators,
[(9) the length of the school year applicable to
education positions described in subsection (n)(1)(A),
[(10) the leave system for educators, and
[(11) such other matters as may be appropriate.
[(c)(1) In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
[(A)(i) that lists of qualified and interviewed
applicants for education positions be maintained in
each agency and area office of the Bureau from among
individuals who have applied at the agency or area
level for an education position or who have applied at
the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
[(ii) that a list of qualified and interviewed
applicants for education positions be maintained in the
Office from among individuals who have applied at the
national level for an education position and who have
expressed interest in working in an education position
anywhere in the United States;
[(B) that a local school board shall have the
authority to waive on a case-by-case basis, any formal
education or degree qualifications established by
regulation pursuant to subsection (b)(2), in order for
a tribal member to be hired in an education position to
teach courses on tribal culture and language and that
subject to subsection (d)(2)(A), a determination by a
school board that such a person be hired shall be
followed by the supervisor; and
[(C) that it shall not be a prerequisite to the
employment of an individual in an education position at
the local level that such individual's name appear on
the national list maintained pursuant to paragraph
(1)(A)(ii) or that such individual has applied at the
national level for an education position.
[(2) The Secretary may authorize the temporary employment in
an education position of an individual who has not met the
certification standards established pursuant to regulations, if
the Secretary determines that failure to do so would result in
that position remaining vacant.
[(d)(1) In prescribing regulations to govern the appointment
of educators, the Secretary shall require--
[(A)(i) that educators employed in a school (other
than the supervisor of the school) shall be hired by
the supervisor of the school unless there are no
qualified applicants available, in which case the
vacant position shall be filled at the national level
from the list maintained pursuant to subsection
(c)(1)(A)(ii);
[(ii) each school supervisor shall be hired by the
education line officer of the agency office of the
Bureau in which the school is located; and
[(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for
education of the agency office;
[(B) that before an individual is employed in an
education position in a school by the supervisor of a
school (or, with respect to the position of supervisor,
by the appropriate agency education line officer), the
local school board for the school shall be consulted,
and that subject to paragraph (2), a determination by
the school board that such individual should or should
not be so employed shall be followed by the supervisor
(or with respect to the position of supervisor, by the
agency superintendent for education); and
[(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that,
subject to paragraph (3), a determination by such
school board that such individual should or should not
be employed shall be followed by the agency
superintendent for education.
[(2)(A) The supervisor of a school may appeal to the
appropriate agency education line officer any determination by
the local school board for the school that an individual be
employed, or not be employed, in an education position in the
school (other than that of supervisor) by filing a written
statement describing the determination and the reasons the
supervisor believes such determination should be overturned. A
copy of such statement shall be submitted to the local school
board and such board shall be afforded an opportunity to
respond, in writing, to such appeal. After reviewing such
written appeal and response, the education line officer may,
for good cause, overturn the determination of the local school
board. The education line officer shall transmit the
determination of such appeal in the form of a written opinion
to such board and to such supervisor identifying the reasons
for overturning such determination.
[(B) The education line officer of an agency office of the
Bureau may appeal to the Director of the Office any
determination by the local school board for the school that an
individual be employed, or not be employed, as the supervisor
of a school by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be overturned. A copy of such statement
shall be submitted to the local school board and such board
shall be afforded an opportunity to respond, in writing, to
such appeal. After reviewing such written appeal and response,
the Director may, for good cause, overturn the determination of
the local school board. The Director shall transmit the
determination of such appeal in the form of a written opinion
to such board and to such education line officer identifying
the reasons for overturning such determination.
[(3) The education line officer of an agency office of the
Bureau may appeal to the Director of the Office any
determination by the agency school board that an individual be
employed, or not be employed, in an education position in such
agency office by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be overturned. A copy of such statement
shall be submitted to the agency school board and such board
shall be afforded an opportunity to respond, in writing, to
such appeal. After reviewing such written appeal and response,
the Director may, for good cause, overturn the determination of
the agency school board. The Director shall transmit the
determination of such appeal in the form of a written opinion
to such board and to such education line officer identifying
the reasons for overturning such determination.
[(4) Any individual who applies at the local level for an
education position shall state on such individual's application
whether or not such individual has applied at the national
level for an education position in the Bureau. If such
individual is employed at the local level, such individual's
name shall immediately be forwarded to the Secretary, who
shall, as soon as possible but in no event in more than 30
days, ascertain the accuracy of the statement made by such
individual pursuant to the first sentence of this paragraph. If
the individual's statement is found to have been false, such
individual, at the Secretary's discretion, may be disciplined
or discharged. If the individual had applied at the national
level for an education position in the Bureau, the appointment
of such individual at the local level shall be conditional for
a period of 90 days, during which period the Secretary may
appoint a more qualified individual (as determined by the
Secretary) from the list maintained at the national level
pursuant to subsection (c)(1)(A)(ii) to the position to which
such individual was appointed.
[(5) Except as expressly provided, nothing in this section
shall be construed as conferring upon local school boards,
authority over, or control of, educators.
[(e)(1) In prescribing regulations to govern the discharge
and conditions of employment of educators, the Secretary shall
require--
[(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
[(B) that no educator may be discharged without
notice of the reasons therefore and opportunity for a
hearing under procedures that comport with the
requirements of due process; and
[(C) educators employed in Bureau schools shall be
notified 60 days prior to the end of the school year
whether their employment contract will be renewed for
the following year.
[(2) The supervisor of a Bureau school may discharge (subject
to procedures established under paragraph (1)(B)) for cause (as
determined under regulations prescribed by the Secretary) any
educator employed in such school. Upon giving notice of
proposed discharge to an educator, the supervisor involved
shall immediately notify the local school board for the school
of such action. A determination by the local school board that
such educator shall not be discharged shall be followed by the
supervisor. The supervisor shall have the right to appeal such
action to the education line officer of the appropriate agency
office of the Bureau. Upon such an appeal, the agency education
line officer may, for good cause and in writing to the local
school board, overturn the determination of the local school
board with respect to the employment of such individual.
[(3) Each local school board for a Bureau school shall have
the right--
[(A) to recommend to the supervisor of such school
that an educator employed in the school be discharged;
and
[(B) to recommend to the education line officer of
the appropriate agency office of the Bureau and to the
Director of the Office, that the supervisor of the
school be discharged.
[(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any
personnel action within the purview of this section respecting
an applicant or employee not entitled to Indian preference if
each tribal organization concerned grants, in writing, a waiver
of the application of such laws with respect to such personnel
action, if such a waiver is in writing deemed to be a necessity
by the tribal organization, except that this paragraph shall in
no way relieve the Bureau of the Bureau's responsibility to
issue timely and adequate announcements and advertisements
concerning any such personnel action if such action is intended
to fill a vacancy (no matter how such vacancy is created).
[(2) For purposes of this subsection, the term ``tribal
organization'' means--
[(A) the recognized governing body of any Indian
tribe, band, nation, pueblo, or other organized
community, including a Native village (as defined in
section 3(c) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(c); 85 Stat. 688)); or
[(B) in connection with any personnel action referred
to in this subsection, any local school board as
defined in section 1146, and which has been delegated
by such governing body the authority to grant a waiver
under such subsection with respect to such personnel
action.
[(3) The term ``Indian preference laws'' means section 12 of
the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any
other provision of law granting a preference to Indians in
promotions and other personnel actions, except that such term
shall not be considered to include section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450e(b)).
[(g) Subject to the authority of the Office of Personnel
Management to determine finally the applicability of chapter 51
of title 5, United States Code, to specific positions and
employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the
applicability or inapplicability of such chapter to positions
and employees in the Bureau.
[(h)(1)(A) Except as otherwise provided in this section, the
Secretary shall fix the basic compensation or annual salary
rate for educators and education positions at rates comparable
to the rates in effect under the General Schedule for
individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 of title 5, United
States Code, is applicable or on the basis of the Federal Wage
System schedule in effect for the locality.
[(B) By not later than October 28, 1988, the Secretary shall
establish, for contracts for the 1991-1992 academic year, and
thereafter, the rates of basic compensation, or annual salary
rates, for the positions of teachers and counselors (including
dormitory counselors and home-living counselors) at the rates
of basic compensation applicable (on the date of enactment of
such amendments and thereafter) to comparable positions in
overseas schools under the Defense Department Overseas Teachers
Pay and Personnel Practices Act, unless the Secretary
establishes such rates within such 6-month period through
collective bargaining with the appropriate union representative
of the education employees that is recognized by the Bureau.
[(C) By not later than October 28, 1988, the Secretary shall
establish the rates of basic compensation or annual salary
rates for the positions of teachers and counselors (including
dormitory and home-living counselors)--
[(i) for contracts for the 1989-1990 academic year,
at rates which reflect \1/3\ of the changes in the
rates applicable to such positions on April 28, 1988,
that must be made to conform the rates to the rates
established under subparagraph (B) for such positions
for contracts for the 1991-1992 academic year, and
[(ii) for contracts for the 1990-1991 academic year,
at rates which reflect \2/3\ of such changes.
[(D) The establishment of rates of basic compensation and
annual salary rates by the Secretary under subparagraphs (B)
and (C) shall not preclude the use of regulations and
procedures used by the Bureau before the enactment of the
Indian Education Amendments of 1988 in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
[(E)(i) Except as provided in clause (ii), the establishment
of rates of basic compensation and annual salary rates by the
Secretary under subparagraphs (B) and (C) shall not affect the
continued employment or compensation of an educator who was
employed in an education position on October 31, 1979, and who
did not make the election under paragraph (2) of subsection
(o).
[(ii) Any individual described in clause (i) may, during the
5-year period beginning on the date on which the Secretary
establishes rates of basic compensation and annual salary rates
under subparagraph (B), make an irrevocable election to have
the basic compensation rate or annual salary rate of such
individual determined in accordance with this paragraph.
[(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application to
the individual of the same retirement system and leave system
that applies to the individual during the fiscal year preceding
the fiscal year in which such election is made, except that the
individual must use leave accrued during a contract period by
the end of that contract period.
[(F) The President shall include with the budget submitted
under section 1105 of title 31, United States Code, for each of
the fiscal years 1990, 1991, and 1992 a written statement by
the Secretary which specifies--
[(i) the amount of funds the Secretary needs to pay
basic compensation and the annual salaries of educators
for such fiscal year, and
[(ii) the amount of funds the Secretary estimates
would be needed to pay basic compensation and the
annual salaries of educators for such fiscal year if
the amendments made to this paragraph by the Indian
Education Amendments of 1988 had not been enacted.
[(2) Each educator employed in an education position in
Alaska shall be paid a cost-of-living allowance equal to 25
percent of the rate of basic compensation to which such
educator is entitled.
[(3)(A) The Secretary may pay a postdifferential not to
exceed 25 percent of the rate of basic compensation, on the
basis of conditions of environment or work which warrant
additional pay as a recruitment and retention incentive.
[(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant the
supervisor of the school authorization to provide 1 or more
post differentials under subparagraph (A) unless the Secretary
determines for clear and convincing reasons (and advises the
board in writing of those reasons) that certain of the
requested post differentials should be disapproved or decreased
because there is no disparity of compensation for the involved
employees or positions in the Bureau school, as compared with
the nearest public school, that is either--
[(I) at least 5 percent, or
[(II) less than 5 percent and affects the recruitment
or retention of employees at the school.
[(ii) The request under clause (i) shall be deemed granted as
requested at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before that
time the request is approved, approved with modification, or
disapproved by the Secretary.
[(iii) The Secretary or the supervisor of a Bureau school may
discontinue or decrease a post differential authorized by
reason of this subparagraph at the beginning of a school year
after either--
[(I) the local school board requests that such
differential be discontinued or decreased, or
[(II) the Secretary or the supervisor determines for
clear and convincing reasons (and advises the board in
writing of those reasons) that there is no disparity of
compensation that would affect the recruitment or
retention of employees at the school after the
differential is discontinued or decreased.
[(i) Any individual--
[(1) who on the date of enactment of this Act is
holding a position which is determined under subsection
(f) to be an education position and who elects under
subsection (o)(2) to be covered under the provisions of
this section, or
[(2) who is an employee of the Federal Government or
the municipal government of the District of Columbia
and is transferred, promoted, or reappointed, without
break in service, from a position under a different
leave system to an education position,
shall be credited for the purpose of the leave system provided
under regulations prescribed pursuant to subsection (b)(10),
with the annual and sick leave to such individual's credit
immediately before the effective date of such election,
transfer, promotion, or reappointment.
[(j) Upon termination of employment with the Bureau, any
annual leave remaining to the credit of an individual within
the purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States Code,
except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) shall not be so
liquidated.
[(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person earned
or credited under the regulations prescribed pursuant to
subsection (b)(10) shall be transferred to such person's credit
in the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Office of
Personnel Management.
[(l) An educator who voluntarily terminates employment with
the Bureau before the expiration of the existing employment
contract between such educator and the Bureau shall not be
eligible to be employed in another education position in the
Bureau during the remainder of the term of such contract.
[(m) In the case of any educator employed in an education
position described in subsection (n)(1)(A) who--
[(1) is employed at the close of a school year,
[(2) agrees in writing to serve in such a position
for the next school year, and
[(3) is employed in another position during the
recess period immediately preceding such next school
year, or during such recess period receives additional
compensation referred to in section 5533 of title 5,
United States Code, relating to dual compensation,
shall not apply to such educator by reason of any such
employment during a recess period for any such receipt
of additional compensation.
[(n) For the purpose of this section--
[(1) The term ``education position'' means a position
in the Bureau the duties and responsibilities of
which--
[(A) are performed on a school-year basis
principally in a Bureau school and involve--
[(i) classroom or other instruction
or the supervision or direction of
classroom or other instruction;
[(ii) any activity (other than
teaching) which requires academic
credits in educational theory and
practice equal to the academic credits
in educational theory and practice
required for a bachelor's degree in
education from an accredited
institution of higher education;
[(iii) any activity in or related to
the field of education notwithstanding
that academic credits in educational
theory and practice are not a formal
requirement for the conduct of such
activity; or
[(iv) support services at, or
associated with, the site of the
school; or
[(B) are performed at the agency level of the
Bureau and involve the implementation of
education-related programs other than the
position for agency superintendent for
education.
[(2) The term ``educator'' means an individual whose
services are required, or who is employed, in an
education position.
[(o)(1) Subsections (a) through (n) of this section apply to
an educator hired after November 1, 1979 (and to an educator
who elected application under paragraph (2)) and to the
position in which such individual is employed. Subject to
paragraph (2), the enactment of this Act shall not affect the
continued employment of an individual employed on October 31,
1979 in an education position, or such individual's right to
receive the compensation attached to such position.
[(2) Any individual employed in an education position on
October 31, 1979, may, not later than November 1, 1983, make an
irrevocable election to be covered under the provisions of
subsections (a) through (n) of this section.
[(p)(1) An educator who was employed in an education position
on October 31, 1979, who was eligible to make an election under
paragraph (2) of subsection (o) at that time, and who did not
make the election under paragraph (2) of subsection (o), may
not be placed on furlough (within the meaning of section
7511(a)(5) of title 5, United States Code) without the consent
of such educator for an aggregate of more than 4 weeks within
the same calendar year, unless--
[(A) the supervisor, with the approval of the local
school board (or of the education line officer upon
appeal under paragraph (2)), of the Bureau school at
which such educator provides services determines that a
longer period of furlough is necessary due to an
insufficient amount of funds available for personnel
compensation at such school, as determined under the
financial plan process as determined under section
1130(b) of this Act, and
[(B) all educators (other than principals and
clerical employees) providing services at such Bureau
school are placed on furloughs of equal length, except
that the supervisor, with the approval of the local
school board (or of the agency education line officer
upon appeal under paragraph (2)), may continue 1 or
more educators in pay status if--
[(i) such educators are needed to operate
summer programs, attend summer training
sessions, or participate in special activities
including curriculum development committees;
and
[(ii) such educators are selected based upon
such educator's qualifications, after public
notice of the minimum qualifications reasonably
necessary and without discrimination as to
supervisory, nonsupervisory, or other status of
the educators who apply.
[(2) The supervisor of a Bureau school may appeal to the
appropriate agency education line officer any refusal by the
local school board to approve any determination of the
supervisor that is described in paragraph (1)(A) by filing a
written statement describing the determination and the reasons
the supervisor believes such determination should be approved.
A copy of such statement shall be submitted to the local school
board and such board shall be afforded an opportunity to
respond, in writing, to such appeal. After reviewing such
written appeal and response, the education line officer may,
for good cause, approve the determination of the supervisor.
The educational line officer shall transmit the determination
of such appeal in the form of a written opinion to such local
school board and to the supervisor identifying the reasons for
approving such determination.
[SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
The Secretary shall establish within the Office, within 1
year after the date of the enactment of the Indian Education
Amendments of 1984, a computerized management information
system, which shall provide information to the Office. Such
information shall include--
[(1) student enrollment;
[(2) curriculum;
[(3) staff;
[(4) facilities;
[(5) community demographics;
[(6) student assessment information; and
[(7) information on the administrative and program
costs attributable to each Bureau program, divided into
discreet elements.
[SEC. 1134. BUREAU EDUCATION POLICIES.
[Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and
submit to all agency and area offices of the Bureau, all tribal
governments, and the appropriate committees of the Congress, a
draft set of education policies, procedures, and practices for
education-related action of the Bureau. The Secretary shall,
within 1 year of the date of enactment of this Act, provide
that such uniform policies, procedures, and practices shall be
finalized and promulgated. Thereafter, such policies,
procedures, and practices and their periodic revisions, shall
serve as the foundation for future Bureau actions in education.
[SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
[The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
[SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
[The Secretary shall institute a policy for the recruitment
of qualified Indian educators and a detailed plan to promote
employees from within the Bureau. Such plan shall include
opportunities for acquiring work experience prior to actual
work assignment.
[SEC. 1137. BIENNIAL REPORT.
[(a) The Secretary shall submit to each appropriate committee
of the Congress a detailed biennial report on the state of
education within the Bureau and any problems encountered in the
field of education during the 2-year period covered by the
report. Such report shall contain suggestions for improving the
Bureau educational system and increasing local Indian control
of such system. Such report shall also include the current
status of tribally controlled community colleges. The annual
budget submission for the Bureau's education programs shall,
among other things, include--
[(1) information on the funds provided previously
private schools under section 208 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
458d) and recommendations with respect to the future
use of such funds;
[(2) the needs and costs of operation and maintenance
of tribally controlled community colleges eligible for
assistance under the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1801 et seq.)
and recommendations with respect to meeting such needs
and costs; and
[(3) the plans required by sections 1121(g), 1122(c),
and 1125(b), of this Act.
[(b) The Inspector General of the Department of the Interior
shall establish a system to ensure that financial and
compliance audits are conducted of each Bureau school at least
once in every three years. Audits of Bureau schools shall be
based upon the extent to which such school has complied with
its local financial plan under section 1129.
[SEC. 1138. RIGHTS OF INDIAN STUDENTS.
[Within six months of the date of enactment of this Act, the
Secretary shall prescribe such rules and regulations as are
necessary to ensure the constitutional and civil rights of
Indian students attending Bureau schools, including such
students' right to privacy under the laws of the United States,
such students' right to freedom of religion and expression and
such students' right to due process in connection with
disciplinary actions, suspensions, and expulsions.
[SEC. 1140. VOLUNTARY SERVICES.
[Notwithstanding section 1342 of title 31, United States
Code, the Secretary may, subject to the approval of the local
school board concerned, accept voluntary services on behalf of
Bureau schools. Nothing in this title shall be construed to
require Federal employees to work without compensation or to
allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer services
under this section is a Federal employee only for purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
[SEC. 1141. PRORATION OF PAY.
[(a) Notwithstanding any other provision of law, including
laws relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of an
employee employed in an education position for the academic
school year over the entire 12-month period. Each educator
employed for the academic school year shall annually elect to
be paid on a 12-month basis or for those months while school is
in session. No educator shall suffer a loss of pay or benefits,
including benefits under unemployment or other Federal or
federally assisted programs, because of such election.
[(b) During the course of such year the employee may change
election once.
[(c) That portion of the employee's pay which would be paid
between academic school years may be paid in lump sum at the
election of the employee.
[(d) For the purposes of this section the terms ``educator''
and ``education position'' have the meaning contained in
paragraphs (1) and (2) of section 1132(n). This section applies
to those individuals employed under the provisions of section
1132 of this title or title 5, United States Code.
[SEC. 1142. EXTRACURRICULAR ACTIVITIES.
[(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in lieu
of overtime premium pay or compensatory time off. Any employee
of the Bureau who performs additional activities to provide
services to students or otherwise support the school's academic
and social programs may elect to be compensated for all such
work on the basis of the stipend. Such stipend shall be paid as
a supplement to the employee's base pay.
[(b) If an employee elects not to be compensated through the
stipend established by this section, the appropriate provisions
of title 5, United States Code, shall apply.
[(c) This section applies to all Bureau employees, whether
employed under section 1132 of this title or title 5, United
States Code.
[SEC. 1143. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
[(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal organizations
to fund early childhood development programs that are operated
by such tribes, organizations, or consortia.
[(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal organization,
or consortium of tribes or tribal organizations for each fiscal
year shall be equal to the amount which bears the same
relationship to the total amount appropriated under the
authority of subsection (g) for such fiscal year (less amounts
provided under subsection (f)) as--
[(A) the total number of children under 6 years of
age who are members of--
[(i) such tribe,
[(ii) the tribe that authorized such tribal
organization, or
[(iii) any tribe that--
[(I) is a member of such consortium,
or
[(II) authorizes any tribal
organization that is a member of such
consortium, bears to
[(B) the total number of all children under 6 years
of age who are members of any tribe that--
[(i) is eligible to receive funds under
subsection (a),
[(ii) is a member of a consortium that is
eligible to receive such funds, or
[(iii) authorizes a tribal organization that
is eligible to receive such funds.
[(2) No grant may be provided under subsection (a)--
[(A) to any tribe that has less than 500 members,
[(B) to any tribal organization which is authorized--
[(i) by only 1 tribe that has less than 500
members, or
[(ii) by 1 or more tribes that have a
combined total membership of less than 500
members, or
[(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a
combined total tribal membership of less than 500
members.
[(c)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal
organizations only if the tribe, organization or consortia
submits to the Secretary an application for the grant at such
time and in such form as the Secretary shall prescribe.
[(2) Applications submitted under paragraph (1) shall set
forth the early childhood development program that the
applicant desires to operate.
[(d) The early childhood development programs that are funded
by grants provided under subsection (a)--
[(1) shall coordinate existing programs and may
provide services that meet identified needs of parents
and children under 6 years of age which are not being
met by existing programs, including--
[(A) prenatal care,
[(B) nutrition education,
[(C) health education and screening,
[(D) family literacy services,
[(E) educational testing, and
[(F) other educational services,
[(2) may include instruction in the language, art,
and culture of the tribe, and
[(3) shall provide for periodic assessment of the
program.
[(e) Family literacy programs operated under this section,
and other family literacy programs operated by the Bureau of
Indian Affairs, shall be coordinated with family literacy
programs for American Indian children under part B of title I
of the Elementary and Secondary Education Act of 1965 in order
to avoid duplication and to encourage the dissemination of
information on quality family literacy programs serving
American Indians.
[(f) The Secretary shall, out of funds appropriated under the
authority of subsection (g), include in the grants provided
under subsection (a) amounts for administrative costs incurred
by the tribe or tribal organization in establishing and
maintaining the early childhood development program.
[(g) For the purpose of carrying out the provisions of this
section, there are authorized to be appropriated $10,000,000
for fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
[SEC. 1144. TRIBAL DEPARTMENTS OF EDUCATION.
[(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal departments
of education for the purpose of planning and coordinating all
educational programs of the tribe.
[(b) Grants provided under this section shall--
[(1) be based on applications from the governing body
of the tribe,
[(2) reflect factors such as geographic and
population diversity,
[(3) facilitate tribal control in all matters
relating to the education of Indian children on Indian
reservations and on former Indian reservations in
Oklahoma,
[(4) provide for the development of coordinated
educational programs on Indian reservations (including
all preschool, elementary, secondary, and higher or
vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal
administrative support of all Bureau funded educational
programs as well as encouraging tribal cooperation and
coordination with all educational programs receiving
financial support from State agencies, other Federal
agencies, or private entities,
[(5) provide for the development and enforcement of
tribal educational codes, including tribal educational
policies and tribal standards applicable to curriculum,
personnel, students, facilities, and support programs,
and
[(6) otherwise comply with regulations for grants
under section 103(a) of the Indian Self-Determination
and Educational Assistance Act (25 U.S.C. 450h) that
are in effect on the date application for such grants
are made.
[(c)(1) In approving and funding applications for grants
under this section, the Secretary shall give priority to any
application that--
[(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department
of education to be funded under this section will
provide coordinating services and technical assistance
to all of such schools, including the submission to
each applicable agency of a unified application for
funding for all of such schools which provides that--
[(i) no administrative costs other than those
attributable to the individual programs of such
schools will be associated with the unified
application, and
[(ii) the distribution of all funds received
under the unified application will be equal to
the amount of funds provided by the applicable
agency to which each of such schools is
entitled under law,
[(B) includes assurances from the tribal governing
body that the tribal department of education funded
under this section will administer all contracts or
grants (except those covered by the other provisions of
this title and the Tribally Controlled Community
College Assistance Act of 1978) for education programs
administered by the tribe and will coordinate all of
the programs to the greatest extent possible,
[(C) includes assurances for the monitoring and
auditing by or through the tribal department of
education of all education programs for which funds are
provided by contract or grant to ensure that the
programs meet the requirements of law, and
[(D) provides a plan and schedule for--
[(i) the assumption over the term of the
grant by the tribal department of education of
all assets and functions of the Bureau agency
office associated with the tribe, insofar as
those responsibilities relate to education, and
[(ii) the termination by the Bureau of such
operations and office at the time of such
assumption,
except that when mutually agreeable between the tribal
governing body and the Assistant Secretary, the period
in which such assumption is to occur may be modified,
reduced, or extended after the initial year of the
grant.
[(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
[(d) The Secretary shall not impose any terms, conditions, or
requirements on the provision of grants under this section that
are not specified in this section.
[(e) For the purpose of carrying out the provisions of 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 fiscal years 1996, 1997, 1998, and 1999.
[SEC. 1145. PAYMENTS.
[(a)(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in 2
payments--
[(A) one payment to be made not later than July 15 of
each year in an amount equal to one-half of the amount
which the grantee was entitled to receive during the
preceding academic year, and
[(B) the second payment, consisting of the remainder
to which the grantee is entitled for the academic year,
shall be made not later than December 1 of each year.
[(2) For any school for which no payment was made from Bureau
funds in the preceding academic year, full payment of the
amount computed for the first academic year of eligibility
under this part shall be made not later than December 1 of the
academic year.
[(3) With regard to funds for grantees that become available
for obligation on October 1 of the fiscal year for which such
funds are appropriated, the Secretary shall make payments to
grantees not later than December 1 of the fiscal year.
[(4) The provisions of chapter 39 of title 31, United States
Code, shall apply to the payments required to be made by
paragraphs (1), (2), and (3) of this subsection.
[SEC. 1146. DEFINITIONS.
[For the purpose of this part, unless otherwise specified--
[(1) the term ``agency school board'' means a body,
the members of which are appointed by the school boards
of the schools located within such agency, and the
number of such members shall be determined by the
Secretary in consultation with the affected tribes,
except that, in agencies serving a single school, the
school board of such school shall fulfill these duties;
[(2) the term ``Bureau'' means the Bureau of Indian
Affairs of the Department of the Interior;
[(3) the term ``Bureau funded school'' means--
[(A) a Bureau school;
[(B) a contract school; or
[(C) a school for which assistance is
provided under the Tribally Controlled Schools
Act of 1988;
[(4) the term ``Bureau school'' means a Bureau
operated elementary or secondary day or boarding school
or a Bureau operated dormitory for students attending a
school other than a Bureau school;
[(5) the term ``contract or grant school'' means an
elementary or secondary school or a dormitory which
receives financial assistance for its operation under a
contract, grant, or agreement with the Bureau under
section 102, 103(a), or 208 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450f, 450h(a), and 458d) or under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2504);
[(6) the term ``education line officer'' means
education personnel under the supervision of the
Director, whether located in central, area, or agency
offices;
[(7) the term ``family literacy services'' has the
meaning given such term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801);
[(8) the term ``financial plan'' means a plan of
services to be provided by each Bureau school;
[(9) the term ``Indian organization'' means any
group, association, partnership, corporation, or other
legal entity owned or controlled by a federally
recognized Indian tribe or tribes, or a majority of
whose members are members of federally recognized
Indian tribes;
[(10) the term ``local educational agency'' means a
board of education or other legally constituted local
school authority having administrative control and
direction of free public education in a county,
township, independent, or other school district located
within a State, and includes any State agency which
directly operates and maintains facilities for
providing free public education;
[(11) the term ``local school board'', when used with
respect to a Bureau school, means a body chosen in
accordance with the laws of the tribe to be served or,
in the absence of such laws, elected by the parents of
the Indian children attending the school, except that
in schools serving a substantial number of students
from different tribes, the members shall be appointed
by the governing bodies of the tribes affected, and the
number of such members shall be determined by the
Secretary in consultation with the affected tribes;
[(12) the term ``Office'' means the Office of Indian
Education Programs within the Bureau;
[(13) the term ``Secretary'' means the Secretary of
the Interior;
[(14) the term ``supervisor'' means the individual in
the position of ultimate authority at a Bureau school;
and
[(15) the term ``tribe'' means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional or
village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1801 et seq.) which is recognized as eligible
for the special programs and services provided by the
United States to Indians because of their status as
Indians.]
PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
SEC. 1120. FINDING AND POLICY.
(a) Finding.--Congress finds and recognizes that the Federal
Government has the sole responsibility for the operation and
financial support of the Bureau of Indian Affairs funded school
system that it has established on or near Indian reservations
and Indian trust lands throughout the Nation for Indian
children.
(b) Policy.--It is the policy of the United States to work in
full cooperation with Indian tribes toward the goal of assuring
that the programs of the Bureau of Indian Affairs funded school
system are of the highest quality and meet the unique
educational and cultural needs of Indian children.
SEC. 1121. ACCREDITATION AND STANDARDS FOR THE BASIC EDUCATION OF
INDIAN CHILDREN IN BUREAU OF INDIAN AFFAIRS
SCHOOLS.
(a) Purpose.--The purpose of the standards implemented under
this section shall be to afford Indian students being served by
a school funded by the Bureau of Indian Affairs the same
opportunities as all other students in the United States to
achieve the same challenging State academic achievement
standards expected of all students.
(b) Studies and Surveys Relating to Standards.--Not later
than 1 year after the date of the enactment of the No Child
Left Behind Act of 2001, the Secretary, in consultation with
the Secretary of Education, consortia of education
organizations, and Indian organizations and tribes, and making
the fullest use possible of other existing studies, surveys,
and plans, shall carry out by contract with an Indian
organization, studies and surveys to establish and revise
standards for the basic education of Indian children attending
Bureau funded schools. Such studies and surveys shall take into
account factors such as academic needs, local cultural
differences, type and level of language skills, geographic
isolation, and appropriate teacher-student ratios for such
children, and shall be directed toward the attainment of equal
educational opportunity for such children.
(c) Revision of Minimum Academic Standards.--
(1) In general.--Not later than 2 years after the
date of the enactment of the No Child Left Behind Act
of 2001, the Secretary shall--
(A) propose revisions to the minimum academic
standards published in the Federal Register on
September 9, 1995 (50 Fed. Reg. 174) for the
basic education of Indian children attending
Bureau funded schools in accordance with the
purpose described in subsection (a) and the
findings of the studies and surveys conducted
under subsection (b);
(B) publish such proposed revisions to such
standards in the Federal Register for the
purpose of receiving comments from the tribes,
tribal school boards, Bureau funded schools,
and other interested parties; and
(C) consistent with the provisions of this
section and section 1131, take such actions as
are necessary to coordinate standards
implemented under this section with the
Comprehensive School Reform Plan developed by
the Bureau and--
(i) with the standards of the
improvement plans for the States in
which any school operated by the Bureau
of Indian Affairs is located; or
(ii) in the case where schools
operated by the Bureau are within the
boundaries of reservation land of one
tribe but within the boundaries of more
than one State, with the standards of
the State improvement plan of one such
State selected by the tribe.
(2) Further revisions.--Not later that 6 months after
the close of the comment period, the Secretary shall
establish final standards, distribute such standards to
all tribes and publish such final standards in the
Federal Register. The Secretary shall revise such
standards periodically as necessary. Prior to any
revision of such final standards, the Secretary shall
distribute such proposed revision to all the tribes,
and publish such proposed revision in the Federal
Register, for the purpose of receiving comments from
the tribes and other interested parties.
(3) Applicability of standards.--Except as provided
in subsection (e), the final standards published under
paragraph (2) shall apply to all Bureau funded schools
not accredited under subsection (f), and may also serve
as a model for educational programs for Indian children
in public schools.
(4) Considerations when establishing and revising
standards.--In establishing and revising such
standards, the Secretary shall take into account the
unique needs of Indian students and support and
reinforcement of the specific cultural heritage of each
tribe.
(d) Alternative or Modified Standards.--The Secretary shall
provide alternative or modified standards in lieu of the
standards established under subsection (c), where necessary, so
that the programs of each school are in compliance with the
minimum accreditation standards required for schools in the
State or region where the school is located.
(e) Waiver of Standards; Alternative Standards.--A tribal
governing body, or the local school board so designated by the
tribal governing body, shall have the local authority to waive,
in part or in whole, the standards established under
subsections (c) and (d) if such standards are deemed by such
body to be inappropriate. The tribal governing body or
designated school board shall, not later than 60 days after a
waiver under this subsection, submit to the Secretary a
proposal for alternative standards that take into account the
specific needs of the tribe's children. Such alternative
standards shall be established by the Secretary unless
specifically rejected by the Secretary for good cause and in
writing to the affected tribes or local school board, which
rejection shall be final and not subject to review.
(f) Accreditation and Implementation of Standards.--
(1) Deadline for meeting standards.--Not later the
second academic year after publication of the
standards, to the extent necessary funding is provided,
all Bureau funded schools shall meet the standards
established under subsections (c) and (d) or shall be
accredited--
(A) by a tribal accrediting body, if the
accreditation standards of the tribal
accrediting body have been accepted by formal
action of the tribal governing body and are
equal to or exceed the accreditation standards
of the State or region in which the school is
located;
(B) by a regional accreditation agency; or
(C) by State accreditation standards for the
State in which it is located.
(2) Determination of standards to be applied.--The
accreditation type or standards applied for each school
shall be determined by the school board of the school,
in consultation with the Administrator of the school,
provided that in the case where the School Board and
the Administrator fail to agree on the type of
accreditation and standards to apply, the decision of
the school board with the approval of the tribal
governing body shall be final.
(3) Assistance to school boards.--The Secretary,
through contracts and grants, shall assist school
boards of contract or grant schools in implementation
of the standards established under subsections (c) and
(d), if the school boards request that such standards,
in part or in whole, be implemented.
(4) Fiscal control and fund accounting standards.--
The Bureau shall, either directly or through contract
with an Indian organization, establish a consistent
system of reporting standards for fiscal control and
fund accounting for all contract and grant schools.
Such standards shall provide data comparable to those
used by Bureau operated schools.
(g) Annual Plan for Meeting of Standards.--Except as provided
in subsections (e) and (f), the Secretary shall begin to
implement the standards established under this section
immediately upon the date of their establishment. On an annual
basis, the Secretary shall submit to the appropriate committees
of Congress, all Bureau funded schools, and the tribal
governing bodies of such schools a detailed plan to bring all
Bureau schools and contract or grant schools up to the level
required by the applicable standards established under this
section. Such plan shall include detailed information on the
status of each school's educational program in relation to the
applicable standards established under this section, specific
cost estimates for meeting such standards at each school and
specific timelines for bringing each school up to the level
required by such standards.
(h) Closure or Consolidation of Schools.--
(1) In general.--Except as specifically required by
statute, no school or peripheral dormitory operated by
the Bureau on or after January 1, 1992, may be closed
or consolidated or have its program substantially
curtailed unless done according to the requirements of
this subsection.
(2) Exceptions.--This subsection shall not apply--
(A) in those cases where the tribal governing
body, or the local school board concerned (if
so designated by the tribal governing body),
requests closure or consolidation; or
(B) when a temporary closure, consolidation,
or substantial curtailment is required by plant
conditions which constitute an immediate hazard
to health and safety.
(3) Regulations.--The Secretary shall, by regulation,
promulgate standards and procedures for the closure,
transfer to another authority, consolidation, or
substantial curtailment of Bureau schools, in
accordance with the requirements of this subsection.
(4) Notice.--Whenever closure, transfer to another
authority, consolidation, or substantial curtailment of
a school is under active consideration or review by any
division of the Bureau or the Department of the
Interior, the affected tribe, tribal governing body,
and designated local school board, will be notified
immediately, kept fully and currently informed, and
afforded an opportunity to comment with respect to such
consideration or review. When a formal decision is made
to close, transfer to another authority, consolidate,
or substantially curtail a school, the affected tribe,
tribal governing body, and designated school board
shall be notified at least 6 months prior to the end of
the school year preceding the proposed closure date.
Copies of any such notices and information shall be
transmitted promptly to the appropriate committees of
Congress and published in the Federal Register.
(5) Report.--The Secretary shall make a report to the
appropriate committees of Congress, the affected tribe,
and the designated school board describing the process
of the active consideration or review referred to in
paragraph (4). The report shall include a study of the
impact of such action on the student population,
identify those students with particular educational and
social needs, and ensure that alternative services are
available to such students. Such report shall include
the description of the consultation conducted between
the potential service provider, current service
provider, parents, tribal representatives and the tribe
or tribes involved, and the Director of the Office of
Indian Education Programs within the Bureau regarding
such students.
(6) Limitation on certain actions.--No irrevocable
action may be taken in furtherance of any such proposed
school closure, transfer to another authority,
consolidation, or substantial curtailment (including
any action which would prejudice the personnel or
programs of such school) prior to the end of the first
full academic year after such report is made.
(7) Tribal governing body approval required for
certain actions.--The Secretary may terminate,
contract, transfer to any other authority, consolidate,
or substantially curtail the operation or facilities
of--
(A) any Bureau funded school that is operated
on or after of January 1, 1999;
(B) any program of such a school that is
operated on or after January 1, 1999; or
(C) any school board of a school operated
under a grant under the Tribally Controlled
Schools Act of 1988,
only if the tribal governing body approves such action.
(i) Application for Contracts or Grants for Non-Bureau Funded
Schools or Expansion of Bureau Funded Schools.--
(1) In general.--(A)(i) The Secretary shall only
consider the factors described in subparagraph (B) in
reviewing--
(I) applications from any tribe for the
awarding of a contract or grant for a school
that is not a Bureau funded school; and
(II) applications from any tribe or school
board of any Bureau funded school for--
(aa) a school which is not a Bureau
funded school; or
(bb) the expansion of a Bureau funded
school which would increase the amount
of funds received by the Indian tribe
or school board under section 1127.
(ii) With respect to applications described in this
subparagraph, the Secretary shall give consideration to
all the factors described in subparagraph (B), but no
such application shall be denied based primarily upon
the geographic proximity of comparable public
education.
(B) With respect to applications described in
subparagraph (A) the Secretary shall consider the
following factors relating to the program and services
that are the subject of the application:
(i) The adequacy of the facilities or the
potential to obtain or provide adequate
facilities.
(ii) Geographic and demographic factors in
the affected areas.
(iii) The adequacy of the applicant's program
plans or, in the case of a Bureau funded
school, of projected needs analysis done either
by the tribe or the Bureau.
(iv) Geographic proximity of comparable
public education.
(v) The stated needs of all affected parties,
including students, families, tribal
governments at both the central and local
levels, and school organizations.
(vi) Adequacy and comparability of programs
already available.
(vii) Consistency of available programs with
tribal educational codes or tribal legislation
on education.
(viii) The history and success of these
services for the proposed population to be
served, as determined from all factors,
including but not limited to standardized
examination performance.
(2) Determination on application.--(A) The Secretary
shall make a determination of whether to approve any
application described in paragraph (1)(A) not later
than 180 days after such application is submitted to
the Secretary.
(B) If the Secretary fails to make the determination
with respect to an application by the date described in
subparagraph (A), the application shall be treated a
having been approved by the Secretary.
(3) Requirements for applications.--(A)
Notwithstanding paragraph (2)(B), an application
described in paragraph (1)(A) may be approved by the
Secretary only if--
(i) the application has been approved by the
tribal governing body of the students served by
(or to be served by) the school or program that
is the subject of the application; and
(ii) written evidence of such approval is
submitted with the application.
(B) Each application described in paragraph (1)(A)
shall provide information concerning each of the
factors described in paragraph (1)(B).
(4) Denial of applications.--Whenever the Secretary
makes a determination to deny approval of any
application described in paragraph (1)(A), the
Secretary shall--
(A) state the objections in writing to the
applicant not later 180 days after the
application is submitted to the Secretary;
(B) provide assistance to the applicant to
overcome stated objections; and
(C) provide the applicant a hearing, under
the same rules and regulations pertaining to
the Indian Self-Determination and Education
Assistance Act and an opportunity to appeal the
objections raised by the Secretary.
(5) Effective date of a subject application.--(A)
Except as otherwise provided in this paragraph, the
action which is the subject of any application
described in paragraph (1)(A) that is approved by the
Secretary shall become effective at the beginning of
the academic year following the fiscal year in which
the application is approved, or at an earlier date
determined by the Secretary.
(B) If an application is treated as having been
approved by the Secretary under paragraph (2)(B), the
action that is the subject of the application shall
become effective on the date that is 18 months after
the date on which the application is submitted to the
Secretary, or at an earlier date determined by the
Secretary.
(6) Statutory construction.--Nothing in this section
shall be read so as to preclude the expansion of grades
and related facilities at a Bureau funded school where
such expansion and the maintenance of such expansion is
occasioned or paid for with non-Bureau funds.
(j) General Use of Funds.--Funds received by Bureau funded
schools from the Bureau of Indian Affairs and under any program
from the Department of Education or any other Federal agency
for the purpose of providing education or related services may
be used for schoolwide projects to improve the educational
program for all Indian students.
(k) Study on Adequacy of Funds and Formulas.--The Comptroller
General shall conduct a study, in consultation with Indian
tribes and local school boards, to determine the adequacy of
funding, and formulas used by the Bureau to determine funding,
for programs operated by Bureau funded schools, taking into
account unique circumstances applicable to Bureau funded
schools, as well as expenditures for comparable purposes in
public schools nationally. Upon completion of the study, the
Secretary of the Interior shall take such action as necessary
to ensure distribution of the findings of the study to all
affected Indian tribes, local school boards, and associations
of local school boards.
SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.
(a) In General.--The Secretary, in consultation with the
Secretary of Education, Indian organizations and tribes, and
Bureau funded schools, shall revise the national standards for
home-living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios, needs for
counselors (including special needs related to off-reservation
home-living (dormitory) situations), therapeutic programs,
space, and privacy. Such standards shall be implemented in
Bureau operated schools, and shall serve as minimum standards
for contract or grant schools. Once established, any revisions
of such standards shall be developed according to the
requirements established under section 1138A.
(b) Implementation.--The Secretary shall implement the
revised standards established under this section immediately
upon their completion.
(c) Plan.--At the time of each annual budget submission for
Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress, the tribes,
and the affected schools, and publish in the Federal Register,
a detailed plan to bring all Bureau funded schools that provide
home-living (dormitory) situations up to the standards
established under this section. Such plan shall include a
statement of the relative needs of each Bureau funded home-
living (dormitory) school, projected future needs of each
Bureau funded home-living (dormitory) school, detailed
information on the status of each school in relation to the
standards established under this section, specific cost
estimates for meeting each standard for each such school,
aggregate cost estimates for bringing all such schools into
compliance with the criteria established under this section,
and specific timelines for bringing each school into compliance
with such standards.
(d) Waiver.--The criteria established under this section may
be waived in the same manner as the standards provided under
section 1121(c) may be waived.
(e) Closure for Failure To Meet Standards Prohibited.--No
school in operation on or before January 1, 1987 (regardless of
compliance or noncompliance with the criteria established under
this section), may be closed, transferred to another authority,
consolidated, or have its program substantially curtailed for
failure to meet the criteria.
SEC. 1123. CODIFICATION OF REGULATIONS.
(a) Part 32 of Title 25 of Code of Federal Regulations.--The
provisions of part 32 of title 25 of the Code of Federal
Regulations, as in effect on January 1, 1987, are incorporated
into this Act and shall be treated as though such provisions
are set forth in this subsection. Such provisions may be
altered only by means of an Act of Congress. To the extent that
such provisions of part 32 do not conform with this Act or any
statutory provision of law enacted before November 1, 1978, the
provisions of this Act and the provisions of such other
statutory law shall govern.
(b) Regulation Defined.--For purposes of this part, the term
``regulation'' means any rules, regulations, guidelines,
interpretations, orders, or requirements of general
applicability prescribed by any officer or employee of the
executive branch.
SEC. 1124. SCHOOL BOUNDARIES.
(a) Establishment by Secretary.--The Secretary shall
establish, by regulation, separate geographical attendance
areas for each Bureau funded school.
(b) Establishment by Tribal Body.--In any case where there is
more than one Bureau funded school located on an Indian
reservation, at the direction of the tribal governing body, the
relevant school boards of the Bureau funded schools on the
reservation may, by mutual consent, establish the relevant
attendance areas for such schools, subject to the approval of
the tribal governing body. Any such boundaries so established
shall be accepted by the Secretary.
(c) Boundary Revisions.--
(1) In general.--On or after July 1, 2001, no
geographical attendance area shall be revised or
established with respect to any Bureau funded school
unless the tribal governing body or the local school
board concerned (if so designated by the tribal
governing body) has been afforded--
(A) at least 6 months notice of the intention
of the Bureau to revise or establish such
attendance area; and
(B) the opportunity to propose alternative
boundaries.
Any tribe may petition the Secretary for revision of
existing attendance area boundaries. The Secretary
shall accept such proposed alternative or revised
boundaries unless the Secretary finds, after
consultation with the affected tribe or tribes, that
such revised boundaries do not reflect the needs of the
Indian students to be served or do not provide adequate
stability to all of the affected programs. The
Secretary shall cause such revisions to be published in
the Federal Register.
(2) Tribal resolution determination.--Nothing in this
section shall be interpreted as denying a tribal
governing body the authority, on a continuing basis, to
adopt a tribal resolution allowing parents the choice
of the Bureau funded school their children may attend,
regardless of the attendance boundaries established
under this section.
(d) Funding Restrictions.--The Secretary shall not deny
funding to a Bureau funded school for any eligible Indian
student attending the school solely because that student's home
or domicile is outside of the geographical attendance area
established for that school under this section. No funding
shall be made available without tribal authorization to enable
a school to provide transportation for any student to or from
the school and a location outside the approved attendance area
of the school.
(e) Reservation as Boundary.--In any case where there is only
one Bureau funded program located on an Indian reservation, the
attendance area for the program shall be the boundaries
(established by treaty, agreement, legislation, court
decisions, or executive decisions and as accepted by the tribe)
of the reservation served, and those students residing near the
reservation shall also receive services from such program.
(f) Off-Reservation Home-Living (Dormitory) Schools.--
Notwithstanding any geographical attendance areas, attendance
at off-reservation home-living (dormitory) schools shall
include students requiring special emphasis programs to be
implemented at each off-reservation home-living (dormitory)
school. Such attendance shall be coordinated between education
line officers, the family, and the referring and receiving
programs.
SEC. 1125. FACILITIES CONSTRUCTION.
(a) Compliance With Health and Safety Standards.--The
Secretary shall immediately begin to bring all schools,
dormitories, and other Indian education-related facilities
operated by the Bureau or under contract or grant with the
Bureau into compliance with all applicable tribal, Federal, or
State health and safety standards, whichever provides greater
protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal or
State standards), with section 504 of the Rehabilitation Act of
1973, and with the Americans with Disabilities Act of 1990.
Nothing in this section shall require termination of the
operations of any facility which does not comply with such
provisions and which is in use on the date of the enactment of
the No Child Left Behind Act of 2001.
(b) Compliance Plan.--At the time that the annual budget
request for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress a detailed plan to bring all facilities covered under
subsection (a) of this section into compliance with the
standards referred to in subsection (a). Such plan shall
include detailed information on the status of each facility's
compliance with such standards, specific cost estimates for
meeting such standards at each school, and specific timelines
for bringing each school into compliance with such standards.
(c) Construction Priorities.--
(1) System to establish priorities.--On an annual
basis the Secretary shall submit to the appropriate
committees of Congress and cause to be published in the
Federal Register, the system used to establish
priorities for replacement and construction projects
for Bureau funded schools and home-living schools,
including boarding schools and dormitories. At the time
any budget request for education is presented, the
Secretary shall publish in the Federal Register and
submit with the budget request the current list of all
Bureau funded school construction priorities.
(2) Long-term construction and replacement list.--In
addition to the plan submitted under subsection (b),
the Secretary shall--
(A) not later than 18 months after the date
of the enactment of the No Child Left Behind
Act of 2001, establish a long-term construction
and replacement list for all Bureau funded
schools;
(B) using the list prepared under
subparagraph (A), propose a list for the
orderly replacement of all Bureau funded
education-related facilities over a period of
40 years to enable planning and scheduling of
budget requests;
(C) cause the list prepared under subsection
(B) to be published in the Federal Register and
allow a period of not less than 120 days for
public comment;
(D) make such revisions to the list prepared
under subparagraph (B) as are appropriate based
on the comments received; and
(E) cause the final list to be published in
the Federal Register.
(3) Effect on other list.--Nothing in this section
shall be construed as interfering with or changing in
any way the construction priority list as it exists on
the date of the enactment of the No Child Left Behind
Act of 2001.
(d) Hazardous Condition at Bureau School.--
(1) Closure or consolidation.--A Bureau funded school
may be closed or consolidated, and the programs of a
Bureau funded school may be substantially curtailed by
reason of plant conditions that constitute an immediate
hazard to health and safety only if a health and safety
officer of the Bureau determines that such conditions
exist at the Bureau funded school.
(2) Inspection.--(A) After making a determination
described in paragraph (1), the Bureau health and
safety officer shall conduct an inspection of the
condition of such plant accompanied by an appropriate
tribal, county, municipal, or State health and safety
officer in order to determine whether conditions at
such plant constitute an immediate hazard to health and
safety. Such inspection shall be completed by not later
than the date that is 30 days after the date on which
the action described in paragraph (1) is taken. No
further negative action may be taken unless the
findings are concurred in by the second, non-Bureau of
Indian Affairs inspector.
(B) If the health and safety officer conducting the
inspection of a plant required under subparagraph (A)
determines that conditions at the plant do not
constitute an immediate hazard to health and safety,
any consolidation or curtailment that was made under
paragraph (1) shall immediately cease and any school
closed by reason of conditions at the plant shall be
reopened immediately.
(C) If a Bureau funded school is temporarily closed
or consolidated or the programs of a Bureau funded
school are substantially curtailed under this
subsection and the Secretary determines that the
closure, consolidation, or curtailment will exceed 1
year, the Secretary shall submit to the Congress, by
not later than 6 months after the date on which the
closure, consolidation, or curtailment was initiated, a
report which sets forth the reasons for such temporary
actions, the actions the Secretary is taking to
eliminate the conditions that constitute the hazard,
and an estimated date by which such actions will be
concluded.
(e) Funding Requirement.--
(1) Distribution of funds.--Beginning with the fiscal
year following the year of the date of the enactment of
the No Child Left Behind Act of 2001, all funds
appropriated for the operations and maintenance of
Bureau funded schools shall be distributed by formula
to the schools. No funds from this account may be
retained or segregated by the Bureau to pay for
administrative or other costs of any facilities branch
or office, at any level of the Bureau.
(2) Requirements for certain uses.--No funds shall be
withheld from the distribution to the budget of any
school operated under contract or grant by the Bureau
for maintenance or any other facilities or road related
purpose, unless such school has consented, as a
modification to the contract or in writing for grants
schools, to the withholding of such funds, including
the amount thereof, the purpose for which the funds
will be used, and the timeline for the services to be
provided. The school may, at the end of any fiscal
year, cancel an agreement under this paragraph upon
giving the Bureau 30 days notice of its intent to do
so.
(f) No Reduction in Federal Funding.--Nothing in this section
shall be construed to diminish any Federal funding due to the
receipt by the school of funding for facilities improvement or
construction from a State or any other source.
SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
(a) Formulation and Establishment of Policy and Procedure;
Supervision of Programs and Expenditures.--The Secretary shall
vest in the Assistant Secretary for Indian Affairs all
functions with respect to formulation and establishment of
policy and procedure and supervision of programs and
expenditures of Federal funds for the purpose of Indian
education administered by the Bureau. The Assistant Secretary
shall carry out such functions through the Director of the
Office of Indian Education Programs.
(b) Direction and Supervision of Personnel Operations.--Not
later than 6 months after the date of the enactment of the No
Child Left Behind Act of 2001, the Director of the Office of
Indian Education Programs shall direct and supervise the
operations of all personnel directly and substantially involved
in the provision of education services by the Bureau, including
school or institution custodial or maintenance personnel,
facilities management, contracting, procurement, and finance
personnel. The Assistant Secretary for Indian Affairs shall
coordinate the transfer of functions relating to procurement,
contracts, operation, and maintenance of schools and other
support functions to the Director.
(c) Evaluation of Programs; Services and Support Functions;
Technical and Coordinating Assistance.--Education personnel who
are under the direction and supervision of the Director of the
Office of Indian Education Programs in accordance with the
first sentence of subsection (b) shall--
(1) monitor and evaluate Bureau education programs;
(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions; and
(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting,
personnel, curriculum, and operation and maintenance of
school facilities.
(d) Construction, Improvement, Operation, and Maintenance of
Facilities.--
(1) Plan for construction.--The Assistant Secretary
shall submit in the annual budget a plan--
(A) for school facilities to be constructed
under section 1125(c);
(B) for establishing priorities among
projects and for the improvement and repair of
educational facilities, which together shall
form the basis for the distribution of
appropriated funds; and
(C) for capital improvements to be made over
the five succeeding years.
(2) Program for operation and maintenance.--
(A) Establishment.--The Assistant Secretary
shall establish a program, including the
distribution of appropriated funds, for the
operation and maintenance of education
facilities. Such program shall include--
(i) a method of computing the amount
necessary for each educational
facility;
(ii) similar treatment of all Bureau
funded schools;
(iii) a notice of an allocation of
appropriated funds from the Director of
the Office of Indian Education Programs
directly to the education line officers
and appropriate school officials;
(iv) a method for determining the
need for, and priority of, facilities
repair and maintenance projects, both
major and minor. In making such
determination, the Assistant Secretary
shall cause to be conducted a series of
meetings at the agency and area level
with representatives of the Bureau
funded schools in those areas and
agencies to receive comment on the
lists and prioritization of such
projects; and
(v) a system for the conduct of
routine preventive maintenance.
(B) Local supervisors.--The appropriate
education line officers shall make arrangements
for the maintenance of education facilities
with the local supervisors of the Bureau
maintenance personnel. The local supervisors of
Bureau maintenance personnel shall take
appropriate action to implement the decisions
made by the appropriate education line
officers, except that no funds under this
chapter may be authorized for expenditure
unless such appropriate education line officer
is assured that the necessary maintenance has
been, or will be, provided in a reasonable
manner.
(3) Implementation.--The requirements of this
subsection shall be implemented as soon as practicable
after the date of the enactment of the No Child Left
Behind Act of 2001.
(e) Acceptance of Gifts and Bequests.--Notwithstanding any
other provision of law, the Director shall promulgate
guidelines for the establishment of mechanisms for the
acceptance of gifts and bequests for the use and benefit of
particular schools or designated Bureau operated education
programs, including, where appropriate, the establishment and
administration of trust funds. When a Bureau operated program
is the beneficiary of such a gift or bequest, the Director
shall make provisions for monitoring its use and shall report
to the appropriate committees of Congress the amount and terms
of such gift or bequest, the manner in which such gift or
bequest shall be used, and any results achieved by such action.
(f) Functions Clarified.--For the purpose of this section,
the term ``functions'' includes powers and duties.
SEC. 1127. ALLOTMENT FORMULA.
(a) Factors Considered; Revision To Reflect Standards.--
(1) Formula.--The Secretary shall establish, by
regulation adopted in accordance with section 1138A, a
formula for determining the minimum annual amount of
funds necessary to sustain each Bureau funded school.
In establishing such formula, the Secretary shall
consider--
(A) the number of eligible Indian students
served and total student population of the
school;
(B) special cost factors, such as--
(i) the isolation of the school;
(ii) the need for special staffing,
transportation, or educational
programs;
(iii) food and housing costs;
(iv) maintenance and repair costs
associated with the physical condition
of the educational facilities;
(v) special transportation and other
costs of isolated and small schools;
(vi) the costs of home-living
(dormitory) arrangements, where
determined necessary by a tribal
governing body or designated school
board;
(vii) costs associated with greater
lengths of service by education
personnel;
(viii) the costs of therapeutic
programs for students requiring such
programs; and
(ix) special costs for gifted and
talented students;
(C) the cost of providing academic services
which are at least equivalent to those provided
by public schools in the State in which the
school is located; and
(D) such other relevant factors as the
Secretary determines are appropriate.
(2) Revision of formula.--Upon the establishment of
the standards required in sections 1121 and 1122, the
Secretary shall revise the formula established under
this subsection to reflect the cost of funding such
standards. Not later than January 1, 2003, the
Secretary shall review the formula established under
this section and shall take such steps as are necessary
to increase the availability of counseling and
therapeutic programs for students in off-reservation
home-living (dormitory) schools and other Bureau
operated residential facilities. Concurrent with such
action, the Secretary shall review the standards
established under section 1122 to be certain that
adequate provision is made for parental notification
regarding, and consent for, such counseling and
therapeutic programs.
(b) Pro Rata Allotment.--Notwithstanding any other provision
of law, Federal funds appropriated for the general local
operation of Bureau funded schools shall be allotted pro rata
in accordance with the formula established under subsection
(a).
(c) Annual Adjustment; Reservation of Amount for School Board
Activities.--
(1) Annual adjustment.--For fiscal year 2003, and for
each subsequent fiscal year, the Secretary shall adjust
the formula established under subsection (a) to ensure
that the formula does the following:
(A) Uses a weighted unit of 1.2 for each
eligible Indian student enrolled in the seventh
and eighth grades of the school in considering
the number of eligible Indian students served
by the school.
(B) Considers a school with an enrollment of
less than 50 eligible Indian students as having
an average daily attendance of 50 eligible
Indian students for purposes of implementing
the adjustment factor for small schools.
(C) Takes into account the provision of
residential services on less than a 9-month
basis at a school when the school board and
supervisor of the school determine that a less
than 9-month basis will be implemented for the
school year involved.
(D) Uses a weighted unit of 2.0 for each
eligible Indian student that--
(i) is gifted and talented; and
(ii) is enrolled in the school on a
full-time basis,
in considering the number of eligible Indian
students served by the school.
(E) Uses a weighted unit of 0.25 for each
eligible Indian student who is enrolled in a
yearlong credit course in an Indian or Native
language as part of the regular curriculum of a
school, in considering the number of eligible
Indian students served by such school. The
adjustment required under this subparagraph
shall be used for such school after--
(i) the certification of the Indian
or Native language curriculum by the
school board of such school to the
Secretary, together with an estimate of
the number of full-time students
expected to be enrolled in the
curriculum in the second school year
for which the certification is made;
and
(ii) the funds appropriated for
allotment under this section are
designated by the appropriations Act
appropriating such funds as the amount
necessary to implement such adjustment
at such school without reducing
allotments made under this section to
any school by virtue of such
adjustment.
(2) Reservation of amount.--
(A) In general.--From the funds allotted in
accordance with the formula established under
subsection (a) for each Bureau school, the
local school board of such school may reserve
an amount which does not exceed the greater
of--
(i) $8,000; or
(ii) the lesser of--
(I) $15,000; or
(II) 1 percent of such
allotted funds,
for school board activities for such school,
including (notwithstanding any other provision
of law) meeting expenses and the cost of
membership in, and support of, organizations
engaged in activities on behalf of Indian
education.
(B) Training.--Each school board shall see
that each new member of the school board
receives, within 12 months of the individual's
assuming a position on the school board, 40
hours of training relevant to that individual's
service on the board. Such training may include
legal issues pertaining to schools funded by
the Bureau, legal issues pertaining to school
boards, ethics, and other topics deemed
appropriate by the school board.
(d) Reservation of Amount for Emergencies.--The Secretary
shall reserve from the funds available for distribution for
each fiscal year under this section an amount which, in the
aggregate, shall equal 1 percent of the funds available for
such purpose for that fiscal year. Such funds shall be used, at
the discretion of the Director of the Office of Indian
Education Programs, to meet emergencies and unforeseen
contingencies affecting the education programs funded under
this section. Funds reserved under this subsection may only be
expended for education services or programs, including
emergency repairs of educational facilities, at a schoolsite
(as defined by section 5204(c)(2) of the Tribally Controlled
Schools Act of 1988). Funds reserved under this subsection
shall remain available without fiscal year limitation until
expended. However, the aggregate amount available from all
fiscal years may not exceed 1 percent of the current year
funds. Whenever, the Secretary makes funds available under this
subsection, the Secretary shall report such action to the
appropriate committees of Congress within the annual budget
submission.
(e) Supplemental Appropriations.--Supplemental appropriations
enacted to meet increased pay costs attributable to school
level personnel shall be distributed under this section.
(f) Eligible Indian Student Defined.--For the purpose of this
section, the term ``eligible Indian student'' means a student
who--
(1) is a member of or is at least one-fourth degree
Indian blood descendant of a member of an Indian tribe
which is eligible for the special programs and services
provided by the United States through the Bureau
because of their status as Indians; and
(2) resides on or near an Indian reservation or meets
the criteria for attendance at a Bureau off-reservation
home-living (dormitory) school.
(g) Tuition.--
(1) In general.--An eligible Indian student may not
be charged tuition for attendance at a Bureau school or
contract or grant school. A student attending a Bureau
school under paragraph (2)(C) may not be charged
tuition for attendance at such a school.
(2) Attendance of non-indian students at bureau
schools.--The Secretary may permit the attendance at a
Bureau school of a student who is not an eligible
Indian student if--
(A) the Secretary determines that the
student's attendance will not adversely affect
the school's program for eligible Indian
students because of cost, overcrowding, or
violation of standards or accreditation;
(B) the school board consents;
(C) the student is a dependent of a Bureau,
Indian Health Service, or tribal government
employee who lives on or near the schoolsite;
or
(D) a tuition is paid for the student that is
not more than that charged by the nearest
public school district for out-of-district
students, and shall be in addition to the
school's allocation under this section.
(3) Attendance of non-indian students at contract and
grant schools.--The school board of a contract or grant
school may permit students who are not eligible Indian
students under this subsection to attend its contract
school or grant school and any tuition collected for
those students shall be in addition to funding received
under this section.
(h) Funds Available Without Fiscal Year Limitation.--
Notwithstanding any other provision of law, at the election of
the school board of a Bureau school made at any time during the
fiscal year, a portion equal to not more than 15 percent of the
funds allocated with respect to a school under this section for
any fiscal year shall remain available to the school for
expenditure without fiscal year limitation. The Assistant
Secretary shall take steps as may be necessary to implement
this provision.
(i) Students at Richfield Dormitory, Richfield, Utah.--
Tuition for out-of-State Indian students in home-living
(dormitory) arrangements at the Richfield dormitory in
Richfield, Utah, who attend Sevier County high schools in
Richfield, Utah, shall be paid from the Indian school
equalization program funds authorized in this section and
section 1130 at a rate not to exceed the amounts per weighted
student unit for that year for the instruction of such
students. No additional administrative cost funds shall be
added to the grant.
SEC. 1128. ADMINISTRATIVE COST GRANTS.
(a) Grants; Effect Upon Appropriated Amounts.--
(1) Grants.--Subject to the availability of
appropriated funds, the Secretary shall provide grants
to each tribe or tribal organization operating a
contract school or grant school in the amount
determined under this section with respect to the tribe
or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract or grant schools, provided that no school
operated as a stand-alone institution shall receive
less than $200,000 per year for these purposes, in
order to--
(A) enable tribes and tribal organizations
operating such schools, without reducing direct
program services to the beneficiaries of the
program, to provide all related administrative
overhead services and operations necessary to
meet the requirements of law and prudent
management practice; and
(B) carry out other necessary support
functions which would otherwise be provided by
the Secretary or other Federal officers or
employees, from resources other than direct
program funds, in support of comparable Bureau
operated programs.
(2) Effect upon appropriated amounts.--Amounts
appropriated to fund the grants provided under this
section shall be in addition to, and shall not reduce,
the amounts appropriated for the program being
administered by the contract or grant school.
(b) Determination of Grant Amount.--
(1) In general.--The amount of the grant provided to
each tribe or tribal organization under this section
for each fiscal year shall be determined by applying
the administrative cost percentage rate of the tribe or
tribal organization to the aggregate of the Bureau
elementary and secondary functions operated by the
tribe or tribal organization for which funds are
received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c)
does not apply to other programs operated by the tribe
or tribal organization.
(2) Direct cost base funds.--The Secretary shall--
(A) reduce the amount of the grant determined
under paragraph (1) to the extent that payments
for administrative costs are actually received
by an Indian tribe or tribal organization under
any Federal education program included in the
direct cost base of the tribe or tribal
organization; and
(B) take such actions as may be necessary to
be reimbursed by any other department or agency
of the Federal Government for the portion of
grants made under this section for the costs of
administering any program for Indians that is
funded by appropriations made to such other
department or agency.
(c) Administrative Cost Percentage Rate.--
(1) In general.--For purposes of this section, the
administrative cost percentage rate for a contract or
grant school for a fiscal year is equal to the
percentage determined by dividing--
(A) the sum of--
(i) the amount equal to--
(I) the direct cost base of
the tribe or tribal
organization for the fiscal
year, multiplied by
(II) the minimum base rate;
plus
(ii) the amount equal to--
(I) the standard direct cost
base; multiplied by
(II) the maximum base rate;
by
(B) the sum of--
(i) the direct cost base of the tribe
or tribal organization for the fiscal
year; plus
(ii) the standard direct cost base.
(2) Rounding.--The administrative cost percentage
rate shall be determined to the \1/100\ of a decimal
point.
(d) Combining Funds.--
(1) In general.--Funds received by a tribe or
contract or grant school as grants under this section
for tribal elementary or secondary educational programs
may be combined by the tribe or contract or grant
school into a single administrative cost account
without the necessity of maintaining separate funding
source accounting.
(2) Indirect cost funds.--Indirect cost funds for
programs at the school which share common
administrative services with tribal elementary or
secondary educational programs may be included in the
administrative cost account described in paragraph (1).
(e) Availability of Funds.--Funds received as grants under
this section with respect to tribal elementary or secondary
education programs shall remain available to the contract or
grant school without fiscal year limitation and without
diminishing the amount of any grants otherwise payable to the
school under this section for any fiscal year beginning after
the fiscal year for which the grant is provided.
(f) Treatment of Funds.--Funds received as grants under this
section for Bureau funded programs operated by a tribe or
tribal organization under a contract or agreement shall not be
taken into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
(g) Treatment of Entity Operating Other Programs.--In
applying this section and section 105 of the Indian Self-
Determination and Education Assistance Act with respect to an
Indian tribe or tribal organization that--
(1) receives funds under this section for
administrative costs incurred in operating a contract
or grant school or a school operated under the Tribally
Controlled Schools Act of 1988; and
(2) operates one or more other programs under a
contract or grant provided under the Indian Self-
Determination and Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs that are associated with operating the
contract or grant school, and of the indirect costs, that are
associated with all of such other programs, provided that funds
appropriated for implementation of this section shall be used
only to supply the amount of the grant required to be provided
by this section.
(h) Definitions.--For purposes of this section:
(1) Administrative cost.--(A) The term
``administrative cost'' means the costs of necessary
administrative functions which--
(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program;
(ii) are not customarily paid by comparable
Bureau operated programs out of direct program
funds; and
(iii) are either--
(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau
direct program funds; or
(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
(B) The term ``administrative cost'' may include--
(i) contract or grant (or other agreement)
administration;
(ii) executive, policy, and corporate
leadership and decisionmaking;
(iii) program planning, development, and
management;
(iv) fiscal, personnel, property, and
procurement management;
(v) related office services and record
keeping; and
(vi) costs of necessary insurance, auditing,
legal, safety and security services.
(2) Bureau elementary and secondary functions.--The
term ``Bureau elementary and secondary functions''
means--
(A) all functions funded at Bureau schools by
the Office;
(B) all programs--
(i) funds for which are appropriated
to other agencies of the Federal
Government; and
(ii) which are administered for the
benefit of Indians through Bureau
schools; and
(C) all operation, maintenance, and repair
funds for facilities and government quarters
used in the operation or support of elementary
and secondary education functions for the
benefit of Indians, from whatever source
derived.
(3) Direct cost base.--(A) Except as otherwise
provided in subparagraph (B), the direct cost base of a
tribe or tribal organization for the fiscal year is the
aggregate direct cost program funding for all tribal
elementary or secondary educational programs operated
by the tribe or tribal organization during--
(i) the second fiscal year preceding such
fiscal year; or
(ii) if such programs have not been operated
by the tribe or tribal organization during the
two preceding fiscal years, the first fiscal
year preceding such fiscal year.
(B) In the case of Bureau elementary or secondary
education functions which have not previously been
operated by a tribe or tribal organization under
contract, grant, or agreement with the Bureau, the
direct cost base for the initial year shall be the
projected aggregate direct cost program funding for all
Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during
that fiscal year.
(4) Maximum base rate.--The term ``maximum base
rate'' means 50 percent.
(5) Minimum base rate.--The term ``minimum base
rate'' means 11 percent.
(6) Standard direct cost base.--The term ``standard
direct cost base'' means $600,000.
(7) Tribal elementary or secondary educational
programs.--The term ``tribal elementary or secondary
educational programs'' means all Bureau elementary and
secondary functions, together with any other Bureau
programs or portions of programs (excluding funds for
social services that are appropriated to agencies other
than the Bureau and are expended through the Bureau,
funds for major subcontracts, construction, and other
major capital expenditures, and unexpended funds
carried over from prior years) which share common
administrative cost functions, that are operated
directly by a tribe or tribal organization under a
contract, grant, or agreement with the Bureau.
(i) Studies for Determination of Factors Affecting Costs;
Base Rates Limits; Standard Direct Cost Base; Report to
Congress.--
(1) Studies.--Not later than 120 days after the date
of the enactment of the No Child Left Behind Act of
2001, the Director of the Office of Indian Education
Programs shall--
(A) conduct such studies as may be needed to
establish an empirical basis for determining
relevant factors substantially affecting
required administrative costs of tribal
elementary and secondary education programs,
using the formula set forth in subsection (c);
and
(B) conduct a study to determine--
(i) a maximum base rate which ensures that
the amount of the grants provided under this
section will provide adequate (but not
excessive) funding of the administrative costs
of the smallest tribal elementary or secondary
educational programs;
(ii) a minimum base rate which ensures that
the amount of the grants provided under this
section will provide adequate (but not
excessive) funding of the administrative costs
of the largest tribal elementary or secondary
educational programs; and
(iii) a standard direct cost base which is
the aggregate direct cost funding level for
which the percentage determined under
subsection (c) will--
(I) be equal to the median between
the maximum base rate and the minimum
base rate; and
(II) ensure that the amount of the
grants provided under this section will
provide adequate (but not excessive)
funding of the administrative costs of
tribal elementary or secondary
educational programs closest to the
size of the program.
(2) Guidelines.--The studies required under paragraph
(1) shall--
(A) be conducted in full consultation (in
accordance with section 1131) with--
(i) the tribes and tribal
organizations that are affected by the
application of the formula set forth in
subsection (c); and
(ii) all national and regional Indian
organizations of which such tribes and
tribal organizations are typically
members;
(B) be conducted onsite with a representative
statistical sample of the tribal elementary or
secondary educational programs under a contract
entered into with a nationally reputable public
accounting and business consulting firm;
(C) take into account the availability of
skilled labor; commodities, business and
automatic data processing services, related
Indian preference and Indian control of
education requirements, and any other market
factors found substantially to affect the
administrative costs and efficiency of each
such tribal elementary or secondary educational
program studied in order to assure that all
required administrative activities can
reasonably be delivered in a cost effective
manner for each such program, given an
administrative cost allowance generated by the
values, percentages, or other factors found in
the studies to be relevant in such formula;
(D) identify, and quantify in terms of
percentages of direct program costs, any
general factors arising from geographic
isolation, or numbers of programs administered,
independent of program size factors used to
compute a base administrative cost percentage
in such formula; and
(E) identify any other incremental cost
factors substantially affecting the costs of
required administrative cost functions at any
of the tribal elementary or secondary
educational programs studied and determine
whether the factors are of general
applicability to other such programs, and (if
so) how the factors may effectively be
incorporated into such formula.
(3) Consultation with inspector general.--In carrying
out the studies required under this subsection, the
Director shall obtain the input of, and afford an
opportunity to participate to, the Inspector General of
the Department of the Interior.
(4) Consideration of delivery of administrative
services.--Determinations described in paragraph (2)(C)
shall be based on what is practicable at each location
studied, given prudent management practice,
irrespective of whether required administrative
services were actually or fully delivered at these
sites, or whether other services were delivered
instead, during the period of the study.
(5) Report.--Upon completion of the studies conducted
under paragraph (1), the Director shall submit to
Congress a report on the findings of the studies,
together with determinations based upon such studies
that would affect the definitions set forth under
subsection (e) that are used in the formula set forth
in subsection (c).
(6) Projection of costs.--The Secretary shall include
in the Bureau's justification for each appropriations
request beginning in the first fiscal year after the
completion of the studies conducted under paragraph
(1), a projection of the overall costs associated with
the formula set forth in subsection (c) for all tribal
elementary or secondary education programs which the
Secretary expects to be funded in the fiscal year for
which the appropriations are sought.
(7) Determination of program size.--For purposes of
this subsection, the size of tribal elementary or
secondary educational programs is determined by the
aggregate direct cost program funding level for all
Bureau funded programs which share common
administrative cost functions.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated such sums as necessary to carry out this
section.
(2) Reductions.--If the total amount of funds
necessary to provide grants to tribes and tribal
organizations in the amounts determined under
subsection (b) for a fiscal year exceeds the amount of
funds appropriated to carry out this section for such
fiscal year, the Secretary shall reduce the amount of
each grant determined under subsection (b) for such
fiscal year by an amount that bears the same
relationship to such excess as the amount of such
grants determined under subsection (b) bears to the
total of all grants determined under subsection (b)
section for all tribes and tribal organizations for
such fiscal year.
(k) Applicability to Schools Operating Under Tribally
Controlled Schools Act of 1988.--The provisions of this section
shall also apply to those schools operating under the Tribally
Controlled Schools Act of 1988.
SEC. 1129. DIVISION OF BUDGET ANALYSIS.
(a) Establishment.--Not later than 12 months after the date
of the enactment of the No Child Left Behind Act of 2001, the
Secretary shall establish within the Office of Indian Education
Programs a Division of Budget Analysis (hereinafter referred to
as the ``Division''). Such Division shall be under the direct
supervision and control of the Director of the Office.
(b) Functions.--In consultation with the tribal governing
bodies and tribal school boards, the Director of the Office,
through the Division, shall conduct studies, surveys, or other
activities to gather demographic information on Bureau funded
schools and project the amount necessary to provide Indian
students in such schools the educational program set forth in
this part.
(c) Annual Reports.--Not later than the date that the
Assistant Secretary for Indian Affairs makes the annual budget
submission, for each fiscal year after the date of the
enactment of the No Child Left Behind Act of 2001, the Director
of the Office shall submit to the appropriate committees of
Congress (including the Appropriations committees), all Bureau
funded schools, and the tribal governing bodies of such
schools, a report which shall contain--
(1) projections, based upon the information gathered
pursuant to subparagraph (b) and any other relevant
information, of amounts necessary to provide Indian
students in Bureau funded schools the educational
program set forth in this part;
(2) a description of the methods and formulas used to
calculate the amounts projected pursuant to paragraph
(1); and
(3) such other information as the Director of the
Office considers appropriate.
(d) Use of Reports.--The Director of the Office and the
Assistant Secretary for Indian Affairs shall use the annual
report required by subsection (c) when preparing their annual
budget submissions.
SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
(a) Establishment of System and Forward Funding.--
(1) In general.--The Secretary shall establish, by
regulation adopted in accordance with section 1138, a
system for the direct funding and support of all Bureau
funded schools. Such system shall allot funds in
accordance with section 1127. All amounts appropriated
for distribution under this section may be made
available under paragraph (2).
(2) Timing for use of funds.--(A) For the purposes of
affording adequate notice of funding available pursuant
to the allotments made under section 1127, amounts
appropriated in an appropriations Act for any fiscal
year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which
such amounts are appropriated without further action by
the Secretary, and shall remain available for
obligation through the succeeding fiscal year.
(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
(i) publish, not later than July 1 of the
fiscal year for which the funds are
appropriated, allotments to each affected
school made under section 1127 of 85 percent of
such appropriation; and
(ii) publish, not later than September 30 of
such fiscal year, the allotments to be made
under section 1127 of the remaining 15 percent
of such appropriation, adjusted to reflect the
actual student attendance.
(3) Limitation.--(A) Notwithstanding any other
provision of law or regulation, the supervisor of a
Bureau funded school may expend an aggregate of not
more than $50,000 of the amount allotted the school
under section 1127 to acquire materials, supplies,
equipment, services, operation, and maintenance for the
school without competitive bidding if--
(i) the cost for any single item purchased
does not exceed $15,000;
(ii) the school board approves the
procurement;
(iii) the supervisor certifies that the cost
is fair and reasonable;
(iv) the documents relating to the
procurement executed by the supervisor or other
school staff cite this paragraph as authority
for the procurement; and
(v) the transaction is documented in a
journal maintained at the school clearly
identifying when the transaction occurred, what
was acquired and from whom, the price paid, the
quantities acquired, and any other information
the supervisor or school board considers
relevant.
(B) Not later than 6 months after the date of the
enactment of the No Child Left Behind Act of 2001, the
Secretary shall cause to be sent to each supervisor of
a Bureau operated program and school board chairperson,
the education line officer or officers of each agency
and area, and the Bureau Division in charge of
procurement, at both the local and national levels,
notice of this paragraph.
(C) The Director shall be responsible for determining
the application of this paragraph, including the
authorization of specific individuals to carry out this
paragraph, and shall be responsible for the provision
of guidelines on the use of this paragraph and adequate
training on such guidelines.
(4) Effect of sequestration order.--If a
sequestration order issued under the Balanced Budget
and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section
1127 for any fiscal year by more than 7 percent of the
amount of funds available for allotment under such
section during the preceding fiscal year--
(A) to fund allotments under section 1127,
the Secretary, notwithstanding any other law,
may use--
(i) funds appropriated for the
operation of any Bureau school that is
closed or consolidated; and
(ii) funds appropriated for any
program that has been curtailed at any
Bureau school; and
(B) the Secretary may waive the application
of the provisions of section 1121(h) with
respect to the closure or consolidation of a
school, or the curtailment of a program at a
school, during such fiscal year if the funds
described in clauses (i) and (ii) of
subparagraph (A) with respect to such school
are used to fund allotments made under section
1127 for such fiscal year.
(b) Local Financial Plans for Expenditure of Funds.--
(1) Plan required.--In the case of all Bureau
operated schools, allotted funds shall be expended on
the basis of local financial plans which ensure meeting
the accreditation requirements or standards for the
school established pursuant to section 1121 and which
shall be prepared by the local school supervisor in
active consultation with the local school board for
each school. The local school board for each school
shall have the authority to ratify, reject, or amend
such financial plan, and expenditures thereunder, and,
on its own determination or in response to the
supervisor of the school, to revise such financial plan
to meet needs not foreseen at the time of preparation
of the financial plan.
(2) The supervisor--
(A) shall put into effect the decisions of
the school board;
(B) shall provide the appropriate local union
representative of the education employees with
copies of proposed draft financial plans and
all amendments or modifications thereto, at the
same time such copies are submitted to the
local school board; and
(C) may appeal any such action of the local
school board to the appropriate education line
officer of the Bureau agency by filing a
written statement describing the action and the
reasons the supervisor believes such action
should be overturned. A copy of such statement
shall be submitted to the local school board
and such board shall be afforded an opportunity
to respond, in writing, to such appeal. After
reviewing such written appeal and response, the
appropriate education line officer may, for
good cause, overturn the action of the local
school board. The appropriate education line
officer shall transmit the determination of
such appeal in the form of a written opinion to
such board and to such supervisor identifying
the reasons for overturning such action.
(c) Use of Self-Determination Grants Funds.--Funds for self-
determination grants under section 103(a)(2) of the Indian
Self-Determination and Education Assistance Act shall not be
used for providing technical assistance and training in the
field of education by the Bureau unless such services are
provided in accordance with a plan, agreed to by the tribe or
tribes affected and the Bureau, under which control of
education programs is intended to be transferred to such tribe
or tribes within a specific period of time negotiated under
such agreement. The Secretary may approve applications for
funding tribal divisions of education and development of tribal
codes of education from funds appropriated pursuant to section
104(a) of such Act.
(d) Technical Assistance and Training.--In the exercise of
its authority under this section, a local school board may
request technical assistance and training from the Secretary,
and the Secretary shall, to the greatest extent possible,
provide such services, and make appropriate provisions in the
budget of the Office for such services.
(e) Summer Program of Academic and Support Services.--
(1) In general.--A financial plan under subsection
(b) for a school may include, at the discretion of the
local administrator and the school board of such
school, a provision for a summer program of academic
and support services for students of the school. Any
such program may include activities related to the
prevention of alcohol and substance abuse. The
Assistant Secretary for Indian Affairs shall provide
for the utilization of any such school facility during
any summer in which such utilization is requested.
(2) Use of other funds.--Notwithstanding any other
provision of law, funds authorized under the Act of
April 16, 1934, and this Act may be used to augment the
services provided in each summer program at the option,
and under the control, of the tribe or Indian
controlled school receiving such funds.
(3) Technical assistance and program coordination.--
The Assistant Secretary for Indian Affairs, acting
through the Director of the Office, shall provide
technical assistance and coordination for any program
described in paragraph (1) and shall, to the extent
possible, encourage the coordination of such programs
with any other summer programs that might benefit
Indian youth, regardless of the funding source or
administrative entity of any such program.
(f) Cooperative Agreements.--
(1) In general.--From funds allotted to a Bureau
school under section 1127, the Secretary shall, if
specifically requested by the tribal governing body (as
defined in section 1141), implement any cooperative
agreement entered into between the tribe, the Bureau
school board, and the local public school district
which meets the requirements of paragraph (2) and
involves the school. The tribe, the Bureau school
board, and the local public school district shall
determine the terms of the agreement. Such agreement
may encompass coordination of all or any part of the
following:
(A) Academic program and curriculum, unless
the Bureau school is currently accredited by a
State or regional accrediting entity and would
not continue to be so accredited.
(B) Support services, including procurement
and facilities maintenance.
(C) Transportation.
(2) Equal benefit and burden.--Each agreement entered
into pursuant to the authority provided in paragraph
(1) shall confer a benefit upon the Bureau school
commensurate with the burden assumed, though this
requirement shall not be construed so as to require
equal expenditures or an exchange of similar services.
(g) Product or Result of Student Projects.--Notwithstanding
any other provision of law, where there is agreement on action
between the superintendent and the school board of a Bureau
funded school, the product or result of a project conducted in
whole or in major part by a student may be given to that
student upon the completion of such project.
(h) Not Considered Federal Funds for Matching Requirements.--
Notwithstanding any other provision of law, funds received by a
Bureau funded school under this part shall not be considered
Federal funds for the purposes of meeting a matching funds
requirement for any Federal program.
SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
(a) Facilitation of Indian Control.--It shall be the policy
of the Secretary and the Bureau, in carrying out the functions
of the Bureau, to facilitate tribal control of Indian affairs
in all matters relating to education.
(b) Consultation With Tribes.--
(1) In general.--All actions under this Act shall be
done with active consultation with tribes.
(2) Requirements.--The consultation required under
paragraph (1) means a process involving the open
discussion and joint deliberation of all options with
respect to potential issues or changes between the
Bureau and all interested parties. During such
discussions and joint deliberations, interested parties
(including tribes and school officials) shall be given
an opportunity to present issues including proposals
regarding changes in current practices or programs
which will be considered for future action by the
Bureau. All interested parties shall be given an
opportunity to participate and discuss the options
presented or to present alternatives, with the views
and concerns of the interested parties given effect
unless the Secretary determines, from information
available from or presented by the interested parties
during one or more of the discussions and
deliberations, that there is a substantial reason for
another course of action. The Secretary shall submit to
any Member of Congress, within 18 days of the receipt
of a written request by such Member, a written
explanation of any decision made by the Secretary which
is not consistent with the views of the interested
parties.
SEC. 1132. INDIAN EDUCATION PERSONNEL.
(a) In General.--Chapter 51, subchapter III of chapter 53,
and chapter 63 of title 5, United States Code, relating to
classification, pay and leave, respectively, and the sections
of such title relating to the appointment, promotion, hours of
work, and removal of civil service employees, shall not apply
to educators or to education positions (as defined in
subsection (p)).
(b) Regulations.--Not later than 60 days after the date of
the enactment of the No Child Left Behind Act of 2001, the
Secretary shall prescribe regulations to carry out this
section. Such regulations shall include--
(1) the establishment of education positions;
(2) the establishment of qualifications for educators
and education personnel;
(3) the fixing of basic compensation for educators
and education positions;
(4) the appointment of educators;
(5) the discharge of educators;
(6) the entitlement of educators to compensation;
(7) the payment of compensation to educators;
(8) the conditions of employment of educators;
(9) the leave system for educators;
(10) the annual leave and sick leave for educators;
and
(11) such matters as may be appropriate.
(c) Qualifications of Educators.--
(1) Requirements.--In prescribing regulations to
govern the qualifications of educators, the Secretary
shall require--
(A)(i) that lists of qualified and
interviewed applicants for education positions
be maintained in each agency and area office of
the Bureau from among individuals who have
applied at the agency or area level for an
education position or who have applied at the
national level and have indicated in such
application an interest in working in certain
areas or agencies; and
(ii) that a list of qualified and interviewed
applicants for education positions be
maintained in the Office from among individuals
who have applied at the national level for an
education position and who have expressed
interest in working in an education position
anywhere in the United States;
(B) that a local school board shall have the
authority to waive on a case-by-case basis, any
formal education or degree qualifications
established by regulation pursuant to
subsection (b)(2), in order for a tribal member
to be hired in an education position to teach
courses on tribal culture and language and that
subject to subsection (e)(2), a determination
by a school board that such a person be hired
shall be instituted supervisor; and
(C) that it shall not be a prerequisite to
the employment of an individual in an education
position at the local level that such
individual's name appear on the national list
maintained pursuant to subparagraph (A)(ii) or
that such individual has applied at the
national level for an education position.
(2) Exception for certain temporary employment.--The
Secretary may authorize the temporary employment in an
education position of an individual who has not met the
certification standards established pursuant to
regulations, if the Secretary determines that failure
to do so would result in that position remaining
vacant.
(d) Hiring of Educators.--
(1) Requirements.--In prescribing regulations to
govern the appointment of educators, the Secretary
shall require--
(A)(i) that educators employed in a Bureau
operated school (other than the supervisor of
the school) shall be hired by the supervisor of
the school. In cases where there are no
qualified applicants available, such supervisor
may consult the national list maintained
pursuant to subsection (c)(1)(A)(ii);
(ii) each school supervisor shall be hired by
the education line officer of the agency office
of the Bureau in which the school is located;
(iii) educators employed in an agency office
of the Bureau shall be hired by the
superintendent for education of the agency
office; and
(iv) each education line officer and
educators employed in the Office of the
Director of Indian Education Programs shall be
hired by the Director;
(B) that before an individual is employed in
an education position in a school by the
supervisor of a school (or with respect to the
position of supervisor, by the appropriate
agency education line officer), the local
school board for the school shall be consulted.
A determination by such school board that such
individual should or should not be so employed
shall be instituted by the supervisor (or with
respect to the position of supervisor, by the
agency superintendent for education);
(C) that before an individual may be employed
in an education position at the agency level,
the appropriate agency school board shall be
consulted, and that a determination by such
school board that such individual should or
should not be employed shall be instituted by
the agency superintendent for education; and
(D) that before an individual may be employed
in an education position in the Office of the
Director (other than the position of Director),
the national school boards representing all
Bureau schools shall be consulted.
(2) Information regarding application at national
level.--Any individual who applies at the local level
for an education position shall state on such
individual's application whether or not such individual
has applied at the national level for an education
position in the Bureau. If such individual is employed
at the local level, such individual's name shall be
immediately forwarded to the Secretary, who shall, as
soon as practicable but in no event in more than 30
days, ascertain the accuracy of the statement made by
such individual pursuant to the first sentence of this
paragraph. Notwithstanding subsection (e), if the
individual's statement is found to have been false,
such individual, at the Secretary's discretion, may be
disciplined or discharged. If the individual has
applied at the national level for an education position
in the Bureau, the appointment of such individual at
the local level shall be conditional for a period of 90
days, during which period the Secretary may appoint a
more qualified individual (as determined by the
Secretary) from the list maintained at the national
level pursuant to subsection (c)(1)(A)(ii) to the
position to which such individual was appointed.
(3) Statutory construction.--Except as expressly
provided, nothing in this section shall be construed as
conferring upon local school boards authority over, or
control of, educators at Bureau funded schools or the
authority to issue management decisions.
(e) Discharge and Conditions of Employment of Educators.--
(1) Regulations.--In prescribing regulations to
govern the discharge and conditions of employment of
educators, the Secretary shall require--
(A) that procedures be established for the
rapid and equitable resolution of grievances of
educators;
(B) that no educator may be discharged
without notice of the reasons therefore and
opportunity for a hearing under procedures that
comport with the requirements of due process;
and
(C) that educators employed in Bureau schools
be notified 30 days prior to the end of the
school year whether their employment contract
will be renewed for the following year.
(2) Procedures for discharge.--The supervisor of a
Bureau school may discharge (subject to procedures
established under paragraph (1)(B)) for cause (as
determined under regulations prescribed by the
Secretary) any educator employed in such school. Upon
giving notice of proposed discharge to an educator, the
supervisor involved shall immediately notify the local
school board for the school of such action. A
determination by the local school board that such
educator shall not be discharged shall be followed by
the supervisor. The supervisor shall have the right to
appeal such action to the education line officer of the
appropriate agency office of the Bureau. Upon such an
appeal, the agency education line officer may, for good
cause and in writing to the local school board,
overturn the determination of the local school board
with respect to the employment of such individual.
(3) Recommendations of school boards for discharge.--
Each local school board for a Bureau school shall have
the right--
(A) to recommend to the supervisor of such
school that an educator employed in the school
be discharged; and
(B) to recommend to the education line
officer of the appropriate agency office of the
Bureau and to the Director of the Office, that
the supervisor of the school be discharged.
(f) Applicability of Indian Preference Laws.--
(1) In general.--Notwithstanding any provision of the
Indian preference laws, such laws shall not apply in
the case of any personnel action under this section
respecting an applicant or employee not entitled to
Indian preference if each tribal organization concerned
grants a written waiver of the application of such laws
with respect to such personnel action and states that
such waiver is necessary. This paragraph shall not
relieve the Bureau's responsibility to issue timely and
adequate announcements and advertisements concerning
any such personnel action if such action is intended to
fill a vacancy (no matter how such vacancy is created).
(2) Tribal organization defined.--For purposes of
this subsection, the term ``tribal organization''
means--
(A) the recognized governing body of any
Indian tribe, band, nation, pueblo, or other
organized community, including a Native village
(as defined in section 3(c) of the Alaska
Native Claims Settlement Act); or
(B) in connection with any personnel action
referred to in this subsection, any local
school board as defined in section 1141 which
has been delegated by such governing body the
authority to grant a waiver under this
subsection with respect to personnel action.
(3) Indian preference law defined.--The term ``Indian
preference laws'' means section 12 of the Act of June
18, 1934, or any other provision of law granting a
preference to Indians in promotions and other personnel
actions. Such term shall not include section 7(b) of
the Indian Self-Determination and Education Assistance
Act.
(g) Compensation or Annual Salary.--
(1) In general.--(A) Except as otherwise provided in
this section, the Secretary shall fix the basic
compensation for educators and education positions at
rates in effect under the General Schedule for
individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 of title 5,
United States Code, is applicable or on the basis of
the Federal Wage System schedule in effect for the
locality, and for the comparable positions, the rates
of compensation in effect for the senior executive
service.
(B) The Secretary shall establish the rate of basic
compensation, or annual salary rates, for the positions
of teachers and counselors (including dormitory
counselors and home-living counselors) at the rates of
basic compensation applicable (on the date of the
enactment of the No Child Left Behind Act of 2001 and
thereafter) to comparable positions in the overseas
schools under the Defense Department Overseas Teachers
Pay Act. The Secretary shall allow the local school
boards authority to implement only the aspects of the
Defense Department Overseas Teacher pay provisions that
are considered essential for recruitment and retention.
Implementation of such provisions shall not be
construed to require the implementation of the Act in
its entirety.
(C)(i) Beginning with the fiscal year following the
date of the enactment of the No Child Left Behind Act
of 2001, each school board may set the rate of
compensation or annual salary rate for teachers and
counselors (including academic counselors) who are new
hires at the school and who have not worked at the
school on the date of implementation of this provision,
at rates consistent with the rates paid for individuals
in the same positions, with the same tenure and
training, in any other school within whose boundaries
the Bureau school lies. In instances where the adoption
of such rates cause a reduction in the payment of
compensation from that which was in effect for the
fiscal year following the date of the enactment of the
No Child Left Behind Act of 2001, the new rate may be
applied to the compensation of employees of the school
who worked at the school on of the date of the
enactment of that Act by applying those rates to each
contract renewal such that the reduction takes effect
in three equal installments. Where adoption of such
rates lead to an increase in the payment of
compensation from that which was in effect for the
fiscal year following the date of the enactment of the
No Child Left Behind Act of 2001, the school board may
make such rates applicable at the next contract renewal
such that either--
(I) the increase occurs in its entirety; or
(II) the increase is applied in three equal
installments.
(ii) The establishment of rates of basic compensation
and annual salary rates under subparagraphs (B) and (C)
shall not preclude the use of regulations and
procedures used by the Bureau prior to April 28, 1988,
in making determinations regarding promotions and
advancements through levels of pay that are based on
the merit, education, experience, or tenure of the
educator.
(D) The establishment of rates of basic compensation
and annual salary rates under subparagraphs (B) and (C)
shall not affect the continued employment or
compensation of an educator who was employed in an
education position on October 31, 1979, and who did not
make an election under subsection (p) is in effect on
January 1, 1990.
(2) Post-differential rates.--(A) The Secretary may
pay a post-differential rate not to exceed 25 percent
of the rate of basic compensation, on the basis of
conditions of environment or work which warrant
additional pay as a recruitment and retention
incentive.
(B)(i) Upon the request of the supervisor and the
local school board of a Bureau school, the Secretary
shall grant the supervisor of the school authorization
to provide one or more post-differentials under
subparagraph (A) unless the Secretary determines for
clear and convincing reasons (and advises the board in
writing of those reasons) that certain of the requested
post-differentials should be disapproved or decreased
because there is no disparity of compensation for the
involved employees or positions in the Bureau school,
as compared with the nearest public school, that is
either--
(I) at least 5 percent; or
(II) less than 5 percent and affects the
recruitment or retention of employees at the
school.
(ii) A request under clause (i) shall be deemed
granted at the end of the 60th day after the request is
received in the Central Office of the Bureau unless
before that time the request is approved, approved with
modification, or disapproved by the Secretary.
(iii) The Secretary or the supervisor of a Bureau
school may discontinue or decrease a post-differential
authorized under this subparagraph at the beginning of
a school year if--
(I) the local school board requests that such
differential be discontinued or decreased; or
(II) the Secretary or the supervisor
determines for clear and convincing reasons
(and advises the board in writing of those
reasons) that there is no disparity of
compensation that would affect the recruitment
or retention of employees at the school after
the differential is discontinued or decreased.
(iv) On or before February 1 of each year, the
Secretary shall submit to Congress a report describing
the requests and grants of authority under this
subparagraph during the previous year and listing the
positions contracted under those grants of authority.
(h) Liquidation of Remaining Leave Upon Termination.--Upon
termination of employment with the Bureau, any annual leave
remaining to the credit of an individual within the purview of
this section shall be liquidated in accordance with sections
5551(a) and 6306 of title 5, United States Code, except that
leave earned or accrued under regulations prescribed pursuant
to subsection (b)(10) of this section shall not be so
liquidated.
(i) Transfer of Remaining Sick Leave Upon Transfer,
Promotion, or Reemployment.--In the case of any educator who is
transferred, promoted, or reappointed, without break in
service, to a position in the Federal Government under a
different leave system, any remaining leave to the credit of
such person earned or credited under the regulations prescribed
pursuant to subsection (b)(10) shall be transferred to such
person's credit in the employing agency on an adjusted basis in
accordance with regulations which shall be prescribed by the
Office of Personnel Management.
(j) Ineligibility for Employment of Voluntarily Terminated
Educators.--An educator who voluntarily terminates employment
with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau shall
not be eligible to be employed in another education position in
the Bureau during the remainder of the term of such contract.
(k) Dual Compensation.--In the case of any educator employed
in an education position described in subsection (l)(1)(A)
who--
(1) is employed at the close of a school year;
(2) agrees in writing to serve in such position for
the next school year; and
(3) is employed in another position during the recess
period immediately preceding such next school year, or
during such recess period receives additional
compensation referred to in section 5533 of title 5,
United States Code, relating to dual compensation,
shall not apply to such educator by reason of any such
employment during a recess period for any receipt of additional
compensation.
(l) Voluntary Services.--Notwithstanding section 1342 of
title 31, United States Code, the Secretary may, subject to the
approval of the local school board concerned, accept voluntary
services on behalf of Bureau schools. Nothing in this part
shall be construed to require Federal employees to work without
compensation or to allow the use of volunteer services to
displace or replace Federal employees. An individual providing
volunteer services under this section is a Federal employee
only for purposes of chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States Code.
(m) Proration of Pay.--
(1) Election of employee.--Notwithstanding any other
provision of law, including laws relating to dual
compensation, the Secretary, at the election of the
employee, shall prorate the salary of an employee
employed in an education position for the academic
school year over the entire 12-month period. Each
educator employed for the academic school year shall
annually elect to be paid on a 12-month basis or for
those months while school is in session. No educator
shall suffer a loss of pay or benefits, including
benefits under unemployment or other Federal or
federally assisted programs, because of such election.
(2) Change of election.--During the course of such
year the employee may change election once.
(3) Lump sum payment.--That portion of the employee's
pay which would be paid between academic school years
may be paid in a lump sum at the election of the
employee.
(4) Definitions.--For purposes of this subsection,
the terms ``educator'' and ``education position'' have
the meanings contained in paragraphs (1) and (2) of
subsection (o). This subsection applies to those
individuals employed under the provisions of section
1132 of this title or title 5, United States Code.
(n) Extracurricular Activities.--
(1) Stipend.--Notwithstanding any other provision of
law, the Secretary may provide, for each Bureau area, a
stipend in lieu of overtime premium pay or compensatory
time off. Any employee of the Bureau who performs
additional activities to provide services to students
or otherwise support the school's academic and social
programs may elect to be compensated for all such work
on the basis of the stipend. Such stipend shall be paid
as a supplement to the employee's base pay.
(2) Election not to receive stipend.--If an employee
elects not to be compensated through the stipend
established by this subsection, the appropriate
provisions of title 5, United States Code, shall apply.
(3) Applicability of subsection.--This subsection
applies to all Bureau employees, whether employed under
section 1132 of this title or title 5, United States
Code.
(o) Definitions.--For the purpose of this section--
(1) Education position.--The term ``education
position'' means a position in the Bureau the duties
and responsibilities of which--
(A) are performed on a school-year basis
principally in a Bureau school and involve--
(i) classroom or other instruction or
the supervision or direction of
classroom or other instruction;
(ii) any activity (other than
teaching) which requires academic
credits in educational theory and
practice equal to the academic credits
in educational theory and practice
required for a bachelor's degree in
education from an accredited
institution of higher education;
(iii) any activity in or related to
the field of education notwithstanding
that academic credits in educational
theory and practice are not a formal
requirement for the conduct of such
activity; or
(iv) support services at, or
associated with, the site of the
school; or
(B) are performed at the agency level of the
Bureau and involve the implementation of
education-related programs other than the
position for agency superintendent for
education.
(2) Educator.--The term ``educator'' means an
individual whose services are required, or who is
employed, in an education position.
(p) Covered Individuals; Election.--This section shall apply
with respect to any educator hired after November 1, 1979 (and
to any educator who elected for coverage under that provision
after November 1, 1979) and to the position in which such
individual is employed. The enactment of this section shall not
affect the continued employment of an individual employed on
October 31, 1979 in an education position, or such person's
right to receive the compensation attached to such position.
SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.
(a) Establishment of System.--Not later than July 1, 2003,
the Secretary shall establish within the Office, a computerized
management information system, which shall provide processing
and information to the Office. The information provided shall
include information regarding--
(1) student enrollment;
(2) curriculum;
(3) staffing;
(4) facilities;
(5) community demographics;
(6) student assessment information;
(7) information on the administrative and program
costs attributable to each Bureau program, divided into
discreet elements;
(8) relevant reports;
(9) personnel records;
(10) finance and payroll; and
(11) such other items as the Secretary deems
appropriate.
(b) Implementation of System.--Not later than July 1, 2004,
the Secretary shall complete implementation of such a system at
each field office and Bureau funded school.
SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
The Secretary shall cause the various divisions of the Bureau
to formulate uniform procedures and practices with respect to
such concerns of those divisions as relate to education, and
shall report such practices and procedures to the Congress.
SEC. 1135. RECRUITMENT OF INDIAN EDUCATORS.
The Secretary shall institute a policy for the recruitment of
qualified Indian educators and a detailed plan to promote
employees from within the Bureau. Such plan shall include
opportunities for acquiring work experience prior to actual
work assignment.
SEC. 1136. BIENNIAL REPORT; AUDITS.
(a) Biennial Reports.--The Secretary shall submit to each
appropriate committee of Congress, all Bureau funded schools,
and the tribal governing bodies of such schools, a detailed
biennial report on the state of education within the Bureau and
any problems encountered in Indian education during the 2-year
period covered by the report. Such report shall contain
suggestions for the improvement of the Bureau educational
system and for increasing tribal or local Indian control of
such system. Such report shall also include the current status
of tribally controlled community colleges. The annual budget
submission for the Bureau's education programs shall include--
(1) information on the funds provided to previously
private schools under section 208 of the Indian Self-
Determination and Education Assistance Act, and
recommendations with respect to the future use of such
funds;
(2) the needs and costs of operations and maintenance
of tribally controlled community colleges eligible for
assistance under the Tribally Controlled Community
College Assistance Act of 1978 and recommendations with
respect to meeting such needs and costs; and
(3) the plans required by sections 1121 (g), 1122(c),
and 1125(b).
(b) Financial and Compliance Audits.--The Inspector General
of the Department of the Interior shall establish a system to
ensure that financial and compliance audits are conducted of
each Bureau operated school at least once in every 3 years.
Audits of Bureau schools shall be based upon the extent to
which such school has complied with its local financial plan
under section 1130.
SEC. 1137. RIGHTS OF INDIAN STUDENTS.
The Secretary shall prescribe such rules and regulations as
are necessary to ensure the constitutional and civil rights of
Indian students attending Bureau funded schools, including such
students' right to privacy under the laws of the United States,
such students' right to freedom of religion and expression, and
such students' right to due process in connection with
disciplinary actions, suspensions, and expulsions.
SEC. 1138. REGULATIONS.
(a) In General.--The Secretary is authorized to issue only
such regulations as are necessary to ensure compliance with the
specific provision of this Act. The Secretary shall publish
proposed regulations in the Federal Register, shall provide a
period of not less than 90 days for public comment thereon, and
shall place in parentheses after each regulatory section the
citation to any statutory provision providing authority to
promulgate such regulatory provision.
(b) Miscellaneous.--
(1) Construction.--The provisions of this Act shall
supersede any conflicting provisions of law (including
any conflicting regulations) in effect on the day
before the date of the enactment of this Act and the
Secretary is authorized to repeal any regulation
inconsistent with the provisions of this Act.
(2) Legal authority to be stated.--Regulations issued
to implement this Act shall contain, immediately
following each substantive provision of such
regulations, citations to the particular section or
sections of statutory law or other legal authority upon
which provision is based.
SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
(a) Meetings.--
(1) In general.--The Secretary shall obtain tribal
involvement in the development of proposed regulations
under this part and the Tribally Controlled Schools Act
of 1988. The Secretary shall obtain the advice of and
recommendations from representatives of Indian tribes
with Bureau funded schools on their reservations,
Indian tribes whose children attend Bureau funded off-
reservation boarding schools, school boards,
administrators or employees of Bureau funded schools,
and parents and teachers of students enrolled in Bureau
funded schools.
(2) Issues.--The Secretary shall provide for a
comprehensive discussion and exchange of information
concerning the implementation of this part and the
Tribally Controlled Schools Act of 1988 through such
mechanisms as regional meetings and electronic
exchanges of information. The Secretary shall take into
account the information received through such
mechanisms in the development of proposed regulations
and shall publish a summary of such information in the
Federal Register together with such proposed
regulations.
(b) Draft Regulations.--
(1) In general.--After obtaining the advice and
recommendations described in subsection (a)(1) and
before publishing proposed regulations in the Federal
Register, the Secretary shall prepare draft regulations
implementing this part and the Tribally Controlled
Schools Act of 1988 and shall submit such regulations
to a negotiated rulemaking process. Participants in the
negotiations process shall be chosen by the Secretary
from individuals nominated by the entities described in
subsection (a)(1). To the maximum extent possible, the
Secretary shall ensure that the tribal representative
membership chosen pursuant to the preceding sentence
reflects the proportionate share of students from
tribes served by the Bureau funded school system. The
negotiation process shall be conducted in a timely
manner in order that the final regulations may issued
by the Secretary no later than 18 months after the
enactment of this section.
(2) Notification to congress.--If draft regulations
implementing this part and the Tribally Controlled
Schools Act of 1988 are not issued in final form by the
deadline provided in paragraph (1), the Secretary shall
notify the appropriate committees of Congress of which
draft regulations were not issued in final form by the
deadline and the reason such final regulations were not
issued.
(3) Expansion of negotiated rulemaking.--All
regulations pertaining to this part and the Tribally
Controlled Schools Act of 1988 that are promulgated
after the date of the enactment of this subsection
shall be subject to a negotiated rulemaking (including
the selection of the regulations to be negotiated),
unless the Secretary determines that applying such a
requirement with respect to given regulations is
impracticable, unnecessary, or contrary to the public
interest (within the meaning of section 553(b)(3)(B) of
title 5), and publishes the basis for such
determination in the Federal Register at the same time
as the proposed regulations in question are first
published. All published proposed regulations shall
conform to agreements resulting from such negotiated
rulemaking unless the Secretary reopens the negotiated
rulemaking process or provides a written explanation to
the participants in that process why the Secretary has
decided to depart from such agreements. Such negotiated
rulemaking shall be conducted in accordance with the
provisions of subsection (a), and the Secretary shall
ensure that a clear and reliable record of agreements
reached during the negotiation process is maintained.
(c) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall apply to activities
carried out under this section.
SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall provide grants to
tribes, tribal organizations, and consortia of tribes and
tribal organizations to fund early childhood development
programs that are operated by such tribes, organizations, or
consortia.
(b) Amount of Grants.--
(1) In general.--The total amount of the grants
provided under subsection (a) with respect to each
tribe, tribal organization, or consortium of tribes or
tribal organizations for each fiscal year shall be
equal to the amount which bears the same relationship
to the total amount appropriated under the authority of
subsection (g) for such fiscal year (less amounts
provided under subsection (f)) as--
(A) the total number of children under 6
years of age who are members of--
(i) such tribe;
(ii) the tribe that authorized such
tribal organization; or
(iii) any tribe that--
(I) is a member of such
consortium; or
(II) authorizes any tribal
organization that is a member
of such consortium; bears to
(B) the total number of all children under 6
years of age who are members of any tribe
that--
(i) is eligible to receive funds
under subsection (a);
(ii) is a member of a consortium that
is eligible to receive such funds; or
(iii) authorizes a tribal
organization that is eligible to
receive such funds.
(2) Limitation.--No grant may be provided under
subsection (a)--
(A) to any tribe that has less than 500
members;
(B) to any tribal organization which is
authorized--
(i) by only one tribe that has less
than 500 members; or
(ii) by one or more tribes that have
a combined total membership of less
than 500 members; or
(C) to any consortium composed of tribes, or
tribal organizations authorized by tribes, that
have a combined total tribal membership of less
than 500 members.
(c) Application.
(1) In general.--A grant may be provided under
subsection (a) to a tribe, tribal organization, or
consortia of tribes and tribal organizations only if
the tribe, organization, or consortia submits to the
Secretary an application for the grant at such time and
in such form as the Secretary shall prescribe.
(2) Contents.--Applications submitted under paragraph
(1) shall set forth the early childhood development
program that the applicant desires to operate.
(d) Requirement of Programs Funded.--The early childhood
development programs that are funded by grants provided under
subsection (a)--
(1) shall coordinate existing programs and may
provide services that meet identified needs of parents
and children under 6 years of age which are not being
met by existing programs, including--
(A) prenatal care;
(B) nutrition education;
(C) health education and screening;
(D) family literacy services;
(E) educational testing; and
(F) other educational services;
(2) may include instruction in the language, art, and
culture of the tribe; and
(3) shall provide for periodic assessment of the
program.
(e) Coordination of Family Literacy Programs.--Family
literacy programs operated under this section and other family
literacy programs operated by the Bureau of Indian Affairs
shall be coordinated with family literacy programs for Indian
children under part B of title I of the Elementary and
Secondary Education Act of 1965 in order to avoid duplication
and to encourage the dissemination of information on quality
family literacy programs serving Indians.
(f) Administrative Costs.--The Secretary shall, out of funds
appropriated under subsection (g), include in the grants
provided under subsection (a) amounts for administrative costs
incurred by the tribe, tribal organization, or consortium of
tribes in establishing and maintaining the early childhood
development program.
(g) Authorization of Appropriations.--For the purpose of
carrying out the provisions of this section, there are
authorized to be appropriated $10,000,000 for fiscal year 2002
and such sums as may be necessary for each of the fiscal years
2003, 2004, 2005, and 2006.
SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.
(a) In General.--Subject to the availability of
appropriations, the Secretary shall provide grants and
technical assistance to tribes for the development and
operation of tribal departments of education for the purpose of
planning and coordinating all educational programs of the
tribe.
(b) Grants.--Grants provided under this section shall--
(1) be based on applications from the governing body
of the tribe;
(2) reflect factors such as geographic and population
diversity;
(3) facilitate tribal control in all matters relating
to the education of Indian children on Indian
reservations (and on former Indian reservations in
Oklahoma);
(4) provide for the development of coordinated
educational programs on Indian reservations (and on
former Indian reservations in Oklahoma) (including all
preschool, elementary, secondary, and higher or
vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal
administrative support of all Bureau funded educational
programs as well as encouraging tribal cooperation and
coordination with all educational programs receiving
financial support from State agencies, other Federal
agencies, or private entities;
(5) provide for the development and enforcement of
tribal educational codes, including tribal educational
policies and tribal standards applicable to curriculum,
personnel, students, facilities, and support programs;
and
(6) otherwise comply with regulations for grants
under section 103(a) of the Indian Self-Determination
and Educational Assistance Act that are in effect on
the date that application for such grants are made.
(c) Priorities.--
(1) In general.--In making grants under this section,
the Secretary shall give priority to any application
that--
(A) includes assurances from the majority of
Bureau funded schools located within the
boundaries of the reservation of the applicant
that the tribal department of education to be
funded under this section will provide
coordinating services and technical assistance
to all of such schools, including the
submission to each applicable agency of a
unified application for funding for all of such
schools which provides that--
(i) no administrative costs other
than those attributable to the
individual programs of such schools
will be associated with the unified
application; and
(ii) the distribution of all funds
received under the unified application
will be equal to the amount of funds
provided by the applicable agency to
which each of such schools is entitled
under law;
(B) includes assurances from the tribal
governing body that the tribal department of
education funded under this section will
administer all contracts or grants (except
those covered by the other provisions of this
title and the Tribally Controlled Community
College Assistance Act of 1978) for education
programs administered by the tribe and will
coordinate all of the programs to the greatest
extent possible;
(C) includes assurances for the monitoring
and auditing by or through the tribal
department of education of all education
programs for which funds are provided by
contract or grant to ensure that the programs
meet the requirements of law; and
(D) provides a plan and schedule for--
(i) the assumption over the term of
the grant by the tribal department of
education of all assets and functions
of the Bureau agency office associated
with the tribe, insofar as those
responsibilities relate to education;
and
(ii) the termination by the Bureau of
such operations and office at the time
of such assumption,
except that when mutually agreeable between the
tribal governing body and the Assistant
Secretary, the period in which such assumption
is to occur may be modified, reduced, or
extended after the initial year of the grant.
(2) Time period of grant.--Subject to the
availability of appropriated funds, grants provided
under this section shall be provided for a period of 3
years and the grant may, if performance by the grantee
is satisfactory to the Secretary, be renewed for
additional 3-year terms.
(d) Terms, Conditions, or Requirements.--The Secretary shall
not impose any terms, conditions, or requirements on the
provision of grants under this section that are not specified
in this section.
(e) Authorization of Appropriations.--For the purpose of
carrying out the provisions of this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2002
and such sums as may be necessary for each of the fiscal years
2003, 2004, 2005, and 2006.
SEC. 1141. DEFINITIONS.
For the purposes of this part, unless otherwise specified:
(1) Agency school board.--The term ``agency school
board'' means a body, the members of which are
appointed by all of the school boards of the schools
located within an agency, including schools operated
under contract or grant, and the number of such members
shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies
serving a single school, the school board of such
school shall fulfill these duties, and in agencies
having schools or a school operated under contract or
grant, one such member at least shall be from such a
school.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Indian Affairs of the Department of the Interior.
(3) Bureau funded school.--The term ``Bureau funded
school'' means--
(A) a Bureau school;
(B) a contract or grant school; or
(C) a school for which assistance is provided
under the Tribally Controlled Schools Act of
1988.
(4) Bureau school.--The term ``Bureau school'' means
a Bureau operated elementary or secondary day or
boarding school or a Bureau operated dormitory for
students attending a school other than a Bureau school.
(5) Contract or grant school.--The term ``contract or
grant school'' means an elementary or secondary school
or dormitory which receives financial assistance for
its operation under a contract, grant or agreement with
the Bureau under section 102, 103(a), or 208 of the
Indian Self-Determination and Education Assistance Act,
or under the Tribally Controlled Schools Act of 1988.
(6) Education line officer.--The term ``education
line officer'' means education personnel under the
supervision of the Director, whether located in the
central, area, or agency offices.
(7) Family literacy services.--The term ``family
literacy services'' has the meaning given that term in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801).
(8) Financial plan.--The term ``financial plan''
means a plan of services provided by each Bureau
school.
(9) Indian organization.--the term ``Indian
organization'' means any group, association,
partnership, corporation, or other legal entity owned
or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of
federally recognized tribes.
(10) Local educational agency.--The term ``local
educational agency'' means a board of education or
other legally constituted local school authority having
administrative control and direction of free public
education in a county, township, independent, or other
school district located within a State, and includes
any State agency which directly operates and maintains
facilities for providing free public education.
(11) Local school board.--The term ``local school
board'', when used with respect to a Bureau school,
means a body chosen in accordance with the laws of the
tribe to be served or, in the absence of such laws,
elected by the parents of the Indian children attending
the school, except that in schools serving a
substantial number of students from different tribes,
the members shall be appointed by the governing bodies
of the tribes affected, and the number of such members
shall be determined by the Secretary in consultation
with the affected tribes.
(12) Office.--The term ``Office'' means the Office of
Indian Education Programs within the Bureau.
(13) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(14) Supervisor.--The term ``supervisor'' means the
individual in the position of ultimate authority at a
Bureau school.
(15) Tribal governing body.--The term ``tribal
governing body'' means, with respect to any school, the
tribal governing body, or tribal governing bodies, that
represent at least 90 percent of the students served by
such school.
(16) Tribe.--The term ``tribe'' means any Indian
tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act, which is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
----------
TRIBALLY CONTROLLED SCHOOLS ACT OF 1988
* * * * * * *
[SEC. 5202. FINDINGS.
[The Congress, after careful review of the Federal
Government's historical and special legal relationship with,
and resulting responsibilities to, Indians, finds that--
[(1) the Indian Self-Determination and Education
Assistance Act, which was a product of the legitimate
aspirations and a recognition of the inherent authority
of Indian nations, was and is a crucial positive step
towards tribal and community control;
[(2) the Bureau of Indian Affairs' administration and
domination of the contracting process under such Act
has not provided the full opportunity to develop
leadership skills crucial to the realization of self-
government, and has denied to the Indian people an
effective voice in the planning and implementation of
programs for the benefit of Indians which are
responsive to the true needs of Indian communities;
[(3) Indians will never surrender their desire to
control their relationships both among themselves and
with the non-Indian governments, organizations, and
persons;
[(4) true self-determination in any society of people
is dependent upon an educational process which will
ensure the development of qualified people to fulfill
meaningful leadership roles;
[(5) the Federal administration of education for
Indian children has not effected the desired level of
educational achievement nor created the diverse
opportunities and personal satisfaction which education
can and should provide;
[(6) true local control requires the least possible
Federal interference; and
[(7) the time has come to enhance the concepts made
manifest in the Indian Self-Determination and Education
Assistance Act.
[SEC. 5203. DECLARATION OF POLICY.
[(a) Recognition.--The Congress recognizes the obligation of
the United States to respond to the strong expression of the
Indian people for self-determination by assuring maximum Indian
participation in the direction of educational services so as to
render such services more responsive to the needs and desires
of those communities.
[(b) Commitment.--The Congress declares its commitment to the
maintenance of the Federal Government's unique and continuing
trust relationship with and responsibility to the Indian people
through the establishment of a meaningful Indian self-
determination policy for education which will deter further
perpetuation of Federal bureaucratic domination of programs.
[(c) National Goal.--The Congress declares that a major
national goal of the United States is to provide the resources,
processes, and structures which will enable tribes and local
communities to effect the quantity and quality of educational
services and opportunities which will permit Indian children to
compete and excel in the life areas of their choice, and to
achieve the measure of self-determination essential to their
social and economic well-being.
[(d) Educational Needs.--The Congress affirms the reality of
the special and unique educational needs of Indian peoples,
including the need for programs to meet the linguistic and
cultural aspirations of Indian tribes and communities. These
may best be met through a grant process.
[(e) Federal Relations.--The Congress declares its commitment
to these policies and its support, to the full extent of its
responsibility, for Federal relations with the Indian Nations.
[(f) Termination.--The Congress hereby repudiates and rejects
House Concurrent Resolution 108 of the 83rd Congress and any
policy of unilateral termination of Federal relations with any
Indian Nation.
[SEC. 5204. GRANTS AUTHORIZED.
[(a) In General.--
[(1) The Secretary shall provide grants to Indian
tribes, and tribal organizations, that--
[(A) operate contract schools under title XI
of the Education Amendments of 1978 and notify
the Secretary of their election to operate the
schools with assistance under this part rather
than continuing as contract schools;
[(B) operate other tribally controlled
schools eligible for assistance under this part
and submit applications (which are approved by
their tribal governing bodies) to the Secretary
for such grants; or
[(C) elect to assume operation of Bureau
schools with assistance under this part and
submit applications (which are approved by
their tribal governing bodies) to the Secretary
for such grants.
[(2) Grants provided under this part shall be
deposited into the general operating fund of the
tribally controlled school with respect to which the
grant is provided.
[(3)(A) Except as otherwise provided in this
paragraph, grants provided under this part shall be
used to defray, at the discretion of the school board
of the tribally controlled school with respect to which
the grant is provided, any expenditures for education-
related activities for which any funds that compose the
grant may be used under the laws described in section
5205(a), including but not limited to, expenditures
for--
[(i) school operations, academic,
educational, residential, guidance and
counseling, and administrative purposes, and
[(ii) support services for the school,
including transportation.
[(B) Grants provided under this part may, at the
discretion of the school board of the tribally
controlled school with respect to which such grant is
provided, be used to defray operation and maintenance
expenditures for the school if any funds for the
operation and maintenance of the school are allocated
to the school under the provisions of any of the laws
described in section 5205(a).
[(C) If funds allocated to a tribally controlled
school under title I of the Elementary and Secondary
Education Act of 1965, the Individuals with
Disabilities Education Act, or any Federal education
law other than title XI of the Education Amendments of
1978 are included in a grant provided under this part,
a portion of the grant equal to the amount of the funds
allocated under such law shall be expended only for
those activities for which funds provided under such
law may be expended under the terms of such law.
[(b) Limitations.--
[(1) No more than one grant may be provided under
this part with respect to any Indian tribe or tribal
organization for any fiscal year.
[(2) Funds provided under any grant made under this
part may not be used in connection with religious
worship or sectarian instruction.
[(3) Funds provided under any grant made under this
part may not be expended for administrative costs (as
defined under section 1128A(e)(1) of the Education
Amendments of 1978) in excess of the amount generated
for such costs under section 1128A of such Act.
[(c) Limitation on Transfer of Funds Among Schoolsites.--
[(1) In the case of a grantee which operates schools
at more than one schoolsite, the grantee may expend no
more than the lesser of--
[(A) 10 percent of the funds allocated for a
schoolsite under section 1128 of the Education
Amendments of 1978, or
[(B) $400,000 of such funds,
at any other schoolsite.
[(2) For purposes of this subsection, the term
``schoolsite'' means the physical location and the
facilities of an elementary or secondary educational or
residential program operated by, or under contract
with, the Bureau for which a discreet student count is
identified under the funding formula established under
section 1128 of the Education Amendments of 1978.
[(d) No Requirement To Accept Grants.--Nothing in this part
may be construed--
[(1) to require a tribe or tribal organization to
apply for or accept, or
[(2) to allow any person to coerce any tribe or
tribal organization into applying for, or accepting,
a grant under this part to plan, conduct, and administer all
of, or any portion of, any Bureau program. Such applications,
and the timing of such applications, shall be strictly
voluntary. Nothing in this part may be construed as allowing or
requiring any grant with any entity other than the entity to
which the grant is provided.
[(e) No Effect on Federal Responsibility.--Grants provided
under this part shall not terminate, modify, suspend, or reduce
the responsibility of the Federal Government to provide a
program.
[(f) Retrocession.--Whenever an tribal governing body
requests retrocession of any program for which assistance is
provided under this part, such retrocession shall become
effective upon a date specified by the Secretary not more than
120 days after the date on which the tribal governing body
requests the retrocession, or such later date as may be
mutually agreed upon by the Secretary and the tribal governing
body. If such a program is retroceded, the Secretary shall
provide to any Indian tribe served by such program at least the
same quantity and quality of services that would have been
provided under such program at the level of funding provided
under this part prior to the retrocession.
The tribe requesting retrocession shall specify whether the
retrocession is to status as a Bureau school or as a contract
school under title XI of the Education Amendments of 1978.
Except as otherwise determined by the Secretary, the tribe or
tribal organization operating the program to be retroceded must
transfer to the Secretary (or to the tribe or tribal
organization which will operate the program as a contract
school) the existing equipment and materials which were
acquired--
[(1) with assistance under this part, or
[(2) upon assumption of operation of the program
under this part if it was a Bureau funded school under
title XI of the Education Amendments of 1978 before
receiving assistance under this part.
[(g) No Termination for Administrative Convenience.--Grants
provided under this Act may not be terminated, modified,
suspended, or reduced only for the convenience of the
administering agency.
[SEC. 5205. COMPOSITION OF GRANTS.
[(a) In General.--The grant provided under this part to an
Indian tribe or tribal organization for any fiscal year shall
consist of--
[(1) the total amount of funds allocated for such
fiscal year under sections 1128 and 1128A of the
Education Amendments of 1978 with respect to the
tribally controlled schools eligible for assistance
under this part that are operated by such Indian tribe
or tribal organization, including, but not limited to,
funds provided under such sections, or under any other
provision of law, for transportation costs,
[(2) to the extent requested by such Indian tribe or
tribal organization, the total amount of funds provided
from operations and maintenance accounts and,
notwithstanding section 105 of the Indian Self-
Determination Act (25 U.S.C. 450j), or any other
provision of law, other facilities accounts for such
schools for such fiscal year (including but not limited
to all those referenced under section 1216(d) of the
Education Amendments of 1978, or any other law), and
[(3) the total amount of funds provided under--
[(A) title I of the Elementary and Secondary
Education Act of 1965,
[(B) the Individuals with Disabilities
Education Act, and
[(C) any other Federal education law,
that are allocated to such schools for such fiscal
year.
[(b) Special Rules.--
[(1) In the allocation of funds under sections 1128,
1128A, and 1126(d) of the Education Amendments of 1978,
tribally controlled schools for which grants are
provided under this part shall be treated as contract
schools.
[(2) In the allocation of funds provided under--
[(A) title I of the Elementary and Secondary
Education Act of 1965,
[(B) the Individuals with Disabilities
Education Act, and
[(C) any other Federal education law,
that are distributed through the Bureau, tribally
controlled schools for which grants are provided under
this part shall be treated as Bureau schools.
[(3)(A) Funds allocated to a tribally controlled
school by reason of paragraph (1) or (2) shall be
subject to the provisions of this part and shall not be
subject to any additional restriction, priority, or
limitation that is imposed by the Bureau with respect
to funds provided under--
[(i) title I of the Elementary and Secondary
Education Act of 1965,
[(ii) the Individuals with Disabilities
Education Act, or
[(iii) any Federal education law other than
title XI of the Education Amendments of 1978.
[(B) Indian tribes and tribal organizations to which
grants are provided under this part, and tribally
controlled schools for which such grants are provided,
shall not be subject to any requirements, obligations,
restrictions, or limitations imposed by the Bureau that
would otherwise apply solely by reason of the receipt
of funds provided under any law referred to in clause
(i), (ii), or (iii) of subparagraph (A).
[(4) Notwithstanding the provision of paragraph
5204(a)(2) of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2503(a)(2)), with respect to funds from
facilities improvement and repair, alteration and
renovation (major or minor), health and safety, or new
construction accounts included in the grant under such
paragraph (a)(2), the grantee shall maintain a separate
account for such funds and shall, at the end of the
period designated for the work covered by the funds
received, render a separate accounting of the work done
and the funds used to the Secretary. Funds received
from these accounts may only be used for the purposes
for which they were appropriated and for the work
encompassed by the application or submission under
which they were received, except that a school
receiving a grant under this part for facilities
improvement and repair may use such grant funds for new
construction if the tribal government or other
organization provides funding for the new construction
equal to at least one-fourth of the total cost of such
new construction. Where the appropriations measure or
the application submission does not stipulate a period
for the work covered by the funds so designated, the
Secretary and the grantee shall consult and determine
such a period prior to the transfer of funds: Provided,
That such period may be extended upon mutual agreement.
[(5) If the Secretary fails to make a determination
within 180 days of a request filed by an Indian tribe
or tribal organization to include in such tribe or
organization's grant the funds described in subsection
(a)(2), the Secretary shall be deemed to have approved
such request and the Secretary shall immediately amend
the grant accordingly. Such tribe or organization may
enforce its rights under subsection (a)(2) and this
paragraph, including any denial of or failure to act on
such tribe or organization's request, pursuant to the
disputes authority described in section 5209(e).
[SEC. 5206. ELIGIBILITY FOR GRANTS.
[(a) In General.--
[(1) A tribally controlled school is eligible for
assistance under this part if the school--
[(A) was, on April 28, 1988, a contract
school under title XI of the Education
Amendments of 1978 and the tribe or tribal
organization operating the school submits to
the Secretary a written notice of election to
receive a grant under this part,
[(B) was a Bureau school under title XI of
the Education Amendments of 1978 and has met
the requirements of subsection (b),
[(C) is a school for which the Bureau has not
provided funds, but which has met the
requirements of subsection (c), or
[(D) is a school with respect to which an
election has been made under paragraph (2) and
which has met the requirements of subsection
(b).
[(2) Any application which has been submitted under
the Indian Self-Determination and Education Assistance
Act by an Indian tribe for a school which is not in
operation on the date of enactment of this Act shall be
reviewed under the guidelines and regulations for
applications submitted under the Indian Self-
Determination and Education Assistance Act that were in
effect at the time the application was submitted,
unless the Indian tribe or tribal organization elects
to have the application reviewed under the provisions
of subsection (b).
[(b) Additional Requirements for Bureau Schools and Certain
Electing Schools.--
[(1) A school that was a Bureau funded school under
title XI of the Education Amendments of 1978 on April
28, 1988., and any school with respect to which an
election is made under subsection (a)(2), meets the
requirements of this subsection if--
[(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an application
requesting that the Secretary--
[(i) transfer operation of the school
to the Indian tribe or tribal
organization, if the Indian tribe or
tribal organization is not already
operating the school, and
[(ii) make a determination of whether
the school is eligible for assistance
under this part, and
[(B) the Secretary makes a determination that
the school is eligible for assistance under
this part.
[(2)(A) By no later than the date that is 120 days
after the date on which an application is submitted to
the Secretary under paragraph (1)(A), the Secretary
shall determine--
[(i) if the school is not being operated by
the Indian tribe or tribal organization,
whether to transfer operation of the school to
the Indian tribe or tribal organization, and
[(ii) whether the school is eligible for
assistance under this part.
[(B) In considering applications submitted under
paragraph (1)(A), the Secretary--
[(i) shall transfer operation of the school
to the Indian tribe or tribal organization, if
the Indian tribe or tribal organization is not
already operating the school, and
[(ii) shall determine that the school is
eligible for assistance under this part,
unless the Secretary finds by clear and convincing
evidence that the services to be provided by the Indian
tribe or tribal organization will be deleterious to the
welfare of the Indians served by the school.
[(C) In considering applications submitted under
paragraph (1)(A), the Secretary shall consider whether
the Indian tribe or tribal organization would be
deficient in operating the school with respect to--
[(i) equipment,
[(ii) bookkeeping and accounting procedures,
[(iii) substantive knowledge of operating the
school,
[(iv) adequately trained personnel, or
[(v) any other necessary components in the
operation of the school.
[(c) Additional Requirements for a School Which is Not a
Bureau Funded School.--
[(1) A school which is not a Bureau funded school
under title XI of the Education Amendments of 1978
meets the requirements of this subsection if--
[(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an application
requesting a determination by the Secretary of
whether the school is eligible for assistance
under this part, and
[(B) the Secretary makes a determination that
the school is eligible for assistance under
this part.
[(2)(A) By no later than the date that is 180 days
after the date on which an application is submitted to
the Secretary under paragraph (1)(A), the Secretary
shall determine whether the school is eligible for
assistance under this part.
[(B) In making the determination under subparagraph
(A), the Secretary shall give equal consideration to
each of the following factors:
[(i) with respect to the applicant's
proposal--
[(I) the adequacy of facilities or
the potential to obtain or provide
adequate facilities;
[(II) geographic and demographic
factors in the affected areas;
[(III) adequacy of applicant's
program plans;
[(IV) geographic proximity of
comparable public education; and
[(V) the needs as expressed by all
affected parties, including but not
limited to students, families, tribal
governments at both the central and
local levels, and school organizations;
and
[(ii) with respect to all education services
already available--
[(I) geographic and demographic
factors in the affected areas;
[(II) adequacy and comparability of
programs already available;
[(III) consistency of available
programs with tribal education codes or
tribal legislation to education; and
[(IV) the history and success of
these services for the proposed
population to be served, as determined
from all factors and not just
standardized examination performance.
[(C) The Secretary may not make a determination under
this paragraph that is primarily based upon the
geographic proximity of comparable public education.
[(D) Applications submitted under paragraph (1)(A)
shall include information on the factors described in
subparagraph (B)(i), but the applicant may also provide
the Secretary such information relative to the factors
described in subparagraph (B)(ii) as the applicant
considers appropriate.
[(E) If the Secretary fails to make a determination
under subparagraph (A) with respect to an application
within 180 days after the date on which the Secretary
received the application, the Secretary shall be
treated as having made a determination that the
tribally controlled school is eligible for assistance
under the title and the grant shall become effective 18
months after the date on which the Secretary received
the application, or an earlier date, at the Secretary's
discretion.
[(d) Applications and Reports.--
[(1) All applications and reports submitted to the
Secretary under this part, and any amendments to such
applications or reports, shall be filed with the agency
or area education officer designated by the Director of
the Office of Indian Education of the Bureau of Indian
Affairs. The date on which such filing occurs shall,
for purposes of this part, be treated as the date on
which the application or amendment is submitted to the
Secretary.
[(2) Any application that is submitted under this
part shall be accompanied by a document indicating the
action taken by the tribal governing body in
authorizing such application.
[(e) Effective Date for Approved Applications.--Except as
provided in subsection (c)(2)(E), a grant provided under this
part, and any transfer of the operation of a Bureau school made
under subsection (b), shall become effective beginning with the
academic year succeeding the fiscal year in which the
application for the grant or transfer is made, or at an earlier
date determined by the Secretary.
[(f) Denial of Applications.--
[(1) Whenever the Secretary declines to provide a
grant under this part, to transfer operation of a
Bureau school under subsection (b), or determines that
a school is not eligible for assistance under this
part, the Secretary shall--
[(A) state the objections in writing to the
tribe or tribal organization within the
allotted time,
[(B) provide assistance to the tribe or
tribal organization to overcome all stated
objections,
[(C) provide the tribe or tribal organization
a hearing on the record, under the same rules
and regulations that apply under the Indian
Self-Determination and Education Assistance
Act, and
[(D) provide an opportunity to appeal the
objection raised.
[(2) The Secretary shall reconsider any amended
application submitted under this part within 60 days
after the amended application is submitted to the
Secretary.
[SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
[(a) In General.--If the Secretary determines that a tribally
controlled school is eligible for assistance under this part,
the eligibility determination shall remain in effect until the
determination is revoked by the Secretary, and the requirements
of subsection (b) or (c) of section 5206, if applicable, shall
be considered to have been met with respect to such school
until the eligibility determination is revoked by the
Secretary.
[(b) Annual Reports.--Each recipient of a grant provided
under this part shall submit to the Secretary and to the tribal
governing body (within the meaning of section 1121(j) of the
Education Amendments of 1978) of the tribally controlled school
an annual report that shall be limited to--
[(1) an annual financial statement reporting revenue
and expenditures as defined by the cost accounting
established by the grantee;
[(2) a biannual financial audit conducted pursuant to
the standards of the Single Audit Act of 1984;
[(3) an annual submission to the Secretary of the
number of students served and a brief description of
programs offered under the grant; and
[(4) a program evaluation conducted by an impartial
entity, to be based on the standards established for
purposes of subsection (c)(1)(A)(ii).
[(c) Revocation of Eligibility.--
[(1)(A) The Secretary shall not revoke a
determination that a school is eligible for assistance
under this part if--
[(i) the Indian tribe or tribal organization
submits the reports required under subsection
(b) with respect to the school, and
[(ii) at least one of the following
subclauses applies with respect to the school:
[(I) The school is certified or
accredited by a State or regional
accrediting association as recognized
by the Secretary of Education, or is a
candidate in good standing for such
accreditation under the rules of the
State or regional accrediting
association, showing that credits
achieved by students within the
education programs are, or will be,
accepted at grade level by a State
certified or regionally accredited
institution.
[(II) A determination made by the
Secretary that there is a reasonable
expectation that the accreditation
described in subclause (I), or the
candidacy in good standing for such
accreditation, will be reached by the
school within 3 years and that the
program offered by the school is
beneficial to the Indian students.
[(III) The school is accredited by a
tribal department of education if such
accreditation is accepted by a
generally recognized regional or State
accreditation agency.
[(IV) The school accepts the
standards promulgated under section
1121 of the Education Amendments of
1978 and an evaluation of performance
is conducted under this section in
conformance with the regulations
pertaining to Bureau operated schools
by an impartial evaluator chosen by the
grantee, but no grantee shall be
required to comply with these standards
to a higher degree than a comparable
Bureau operated school.
[(V) A positive evaluation of the
school is conducted once every 3 years
under standards adopted by the
contractor under a contract for a
school entered into under the Indian
Self-Determination and Education
Assistance Act (or revisions of such
standards agreed to by the Secretary
and the grantee) prior to the date of
enactment of this Act, such evaluation
to be conducted by an impartial
evaluator agreed to by the Secretary
and the grantee. If the Secretary and a
grantee other than the tribal governing
body fail to agree on such an
evaluator, the tribal governing body
shall choose the evaluator or perform
the evaluation. If the Secretary and a
grantee which is the tribal governing
body fail to agree on such an
evaluator, this subclause shall not
apply.
[(B) The choice of standards employed for purposes of
subparagraph (A)(ii) shall be consistent with section
1121(e) of the Education Amendments of 1978.
[(2) The Secretary shall not revoke a determination
that a school is eligible for assistance under this
part, or reassume control of a school that was a Bureau
school prior to approval of an application submitted
under section 5206(b)(1)(A), until the Secretary--
[(A) provides notice to the tribally
controlled school and the tribal governing body
(within the meaning of section 1121(j) of the
Education Amendments of 1978) of the tribally
controlled school which states--
[(i) the specific deficiencies that
led to the revocation or resumption
determination, and
[(ii) the actions that are needed to
remedy such deficiencies, and
[(B) affords such authority an opportunity to
effect any remedial actions.
The Secretary shall provide such technical assistance
as is necessary to effect such remedial actions. Such
notice and technical assistance shall be in addition to
a hearing and appeal to be conducted pursuant to the
regulations described in section 5206(f)(1)(C).
[(d) Applicability of Section Pursuant to Election Under
Section 5209(b).--With respect to a tribally controlled school
which receives assistance under this part pursuant to an
election made under section 5209(b)--
[(1) subsection (b) of this section shall apply; and
[(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance with
subsection (c) of this section.
[SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
[(a) Payments.--
[(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under
this part in 2 payments, of which--
[(A) the first payment shall be made not
later than July 15 of each year in an amount
equal to one-half of the amount which the
grantee was entitled to receive during the
preceding academic year; and
[(B) the second payment, consisting of the
remainder to which the grantee is entitled for
the academic year, shall be made not later than
December 1 of each year.
[(2) For any school for which no payment under this
part was made from Bureau funds in the preceding
academic year, full payment of the amount computed for
the first academic year of eligibility under this part
shall be made not later than December 1 of the academic
year.
[(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal
year for which such funds are appropriated, the
Secretary shall make payments to grantees not later
than December 1 of the fiscal year.
[(4) The provisions of chapter 39 of title 31, United
States Code, shall apply to the payments required to be
made by paragraphs (1), (2), and (3).
[(5) Paragraphs (1), (2), and (3) shall be subject to
any restriction on amounts of payments under this part
that are imposed by a continuing resolution or other
Act appropriating the funds involved.
[(b) Investment of Funds.--
[(1) Notwithstanding any other provision of law, any
interest or investment income that accrues on any funds
provided under this part after such funds are paid to
the Indian tribe or tribal organization and before such
funds are expended for the purpose for which such funds
were provided under this part shall be the property of
the Indian tribe or tribal organization and shall not
be taken into account by any officer or employee of the
Federal Government in determining whether to provide
assistance, or the amount of assistance, under any
provision of Federal law.
[(2) Funds provided under this part may be--
[(A) invested by the Indian tribe or tribal
organization only in obligations of the United
States or in obligations or securities that are
guaranteed or insured by the United States, or
[(B) deposited only into accounts that are
insured by an agency or instrumentality of the
United States.
[(c) Recoveries.--For the purposes of underrecovery and
overrecovery determinations by any Federal agency for any other
funds, from whatever source derived, funds received under this
part shall not be taken into consideration.
[SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT.
[(a) Certain Provisions To Apply to Grants.--All provisions
of sections 5, 6, 7, 104, 105(f), 106(f), 109, and 111 of the
Indian Self-Determination and Education Assistance Act, except
those provisions relating to indirect costs and length of
contract, shall apply to grants provided under this part.
[(b) Election for Grant in Lieu of Contract.--
[(1) Contractors for activities to which this part
applies who have entered into a contract under the
Indian Self-Determination and Education Assistance Act
that is in effect upon the date of enactment of this
Act may, by giving notice to the Secretary, elect to
have the provisions of this part apply to such activity
in lieu of such contract.
[(2) Any election made under paragraph (1) shall take
effect on the later of--
[(A) October 1 of the fiscal year succeeding
the fiscal year in which such election is made,
or
[(B) the date that is 60 days after the date
of such election.
[(3) In any case in which the 60-day period referred
to in paragraph (2)(B) is less than 60 days before the
beginning of the succeeding fiscal year, such election
shall not take effect until the fiscal year after the
fiscal year succeeding the election. For fiscal year
1989, the Secretary may waive this paragraph for
elections received prior to September 30, 1988.
[(c) No Duplication.--No funds may be provided under any
contract entered into under the Indian Self-Determination and
Education Assistance Act to pay any expenses incurred in
providing any program or service if a grant has been made under
this part to pay such expenses.
[(d) Transfers and Carryovers.--
[(1) A tribe or tribal organization assuming the
operation of a Bureau school with assistance under this
part shall be entitled to the transfer or use of
buildings, equipment, supplies, and materials to the
same extent as if it were contracting under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
[(2) A tribe or tribal organization assuming the
operation of a contract school with assistance under
this part shall be entitled to the transfer or use of
the buildings, equipment, supplies, and materials that
were used in the operation of the contract school to
the same extent as if it were contracting under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
[(3) Any tribe or tribal organization which assumes
operation of a Bureau school with assistance under this
part and any tribe or tribal organization which elects
to operate a school with assistance under this part
rather than to continue as a contract school shall be
entitled to any funds which would carrover from the
previous fiscal year as if such school were operated as
a contract school.
[(e) Exceptions, Problems, and Disputes.--Any exception or
problem cited in an audit conducted pursuant to section
5207(b)(2) of this Act, any dispute regarding the amount of a
grant under section 5205 (and the amount of any funds referred
to in that section), any payments to be made under section 5208
of this Act, and any dispute involving an administrative cost
grant under section 1128A of the Education Amendments of 1978
(25 U.S.C. 2008a) shall be handled under the provisions
governing such exceptions, problems, or disputes in the case of
contracts under the Indian Self-Determination and Education
Assistance Act of 1975 (Public Law 93-658; 25 U.S.C. 450 et
seq.). The Equal Access to Justice Act shall apply to
administrative appeals filed after September 8, 1988, by
grantees regarding a grant under this part, including an
administrative cost grant.
[SEC. 5210. ROLE OF THE DIRECTOR.
[Applications for grants under this part, and all application
modifications, shall be reviewed and approved by personnel
under the direction and control of the Director of the Office
of Indian Education Programs. Required reports shall be
submitted to education personnel under the direction and
control of the Director of such Office.
[SEC. 5211. REGULATIONS.
[The Secretary is authorized to issue regulations relating to
the discharge of duties specifically assigned to the Secretary
by this part. In all other matters relating to the details of
planning, development, implementing, and evaluating grants
under this part, the Secretary shall not issue regulations.
Regulations issued pursuant to this part shall not have the
standing of a Federal statute for the purposes of judicial
review.
[SEC. 5212. DEFINITIONS.
[For purposes of this part--
[(1) The term ``eligible Indian student'' has the
meaning of such term in section 1128(f) of the
Education Amendments of 1978 (25 U.S.C. 2008(f)).
[(2) The term ``Indian tribe'' means any Indian
tribe, band, nation, or other organized group or
community, including any Alaska Native Village or
regional or village corporation (as defined in or
established pursuant to the Alaskan Native Claims
Settlement Act), which is recognized as eligible for
the special programs and services provided by the
United States to Indians because of their status as
Indians.
[(3)(A) The term ``tribal organization'' means--
[(i) the recognized governing body of any
Indian tribe, or
[(ii) any legally established organization of
Indians which--
[(I) is controlled, sanctioned, or
chartered by such governing body or is
democratically elected by the adult
members of the Indian community to be
served by such organization, and
[(II) includes the maximum
participation of Indians in all phases
of its activities.
[(B) In any case in which a grant is provided under
this part to an organization to perform services
benefiting more than one Indian tribe, the approval of
the governing bodies of Indian tribes representing 80
percent of those students attending the tribally
controlled school shall be considered a sufficient
tribal authorization for such grant.
[(4) The term ``Secretary'' means the Secretary of
the Interior.
[(5) The term ``tribally controlled school'' means a
school, operated by a tribe or a tribal organization,
enrolling students in kindergarten through grade 12,
including preschools, which is not a local educational
agency and which is not directly administered by the
Bureau of Indian Affairs.
[(6) The term ``a local educational agency'' means a
public board of education or other public authority
legally constituted within a State for either
administrative control or direction of, or to perform a
service function for, public elementary or secondary
schools in a city, county, township, school district,
or other political subdivision of a State, or such
combination of school districts or counties as are
recognized in a State as an administrative agency for
its public elementary or secondary schools. Such term
includes any other public institution or agency having
administrative control and direction of a public
elementary or secondary school.
[(7) The term ``Bureau'' means the Bureau of Indian
Affairs of the Department of the Interior.]
SEC. 5202. FINDINGS.
Congress, after careful review of the Federal Government's
historical and special legal relationship with, and resulting
responsibilities to, Indians, finds that--
(1) the Indian Self-Determination and Education
Assistance Act, which was a product of the legitimate
aspirations and a recognition of the inherent authority
of Indian nations, was and is a crucial positive step
towards tribal and community control;
(2) the Bureau of Indian Affairs' administration and
domination of the contracting process under such Act
has not provided the full opportunity to develop
leadership skills crucial to the realization of self-
government and has denied Indians an effective voice in
the planning and implementation of programs for the
benefit of Indians which are responsive to the true
needs of Indian communities;
(3) Indians will never surrender their desire to
control their relationships both among themselves and
with non-Indian governments, organizations, and
persons;
(4) true self-determination in any society of people
is dependent upon an educational process which will
ensure the development of qualified people to fulfill
meaningful leadership roles;
(5) the Federal administration of education for
Indian children has not effected the desired level of
educational achievement or created the diverse
opportunities and personal satisfaction that education
can and should provide;
(6) true local control requires the least possible
Federal interference; and
(7) the time has come to enhance the concepts made
manifest in the Indian Self-Determination and Education
Assistance Act.
SEC. 5203. DECLARATION OF POLICY.
(a) Recognition.--Congress recognizes the obligation of the
United States to respond to the strong expression of the Indian
people for self-determination by assuring maximum Indian
participation in the direction of educational services so as to
render such services more responsive to the needs and desires
of those communities.
(b) Commitment.--Congress declares its commitment to the
maintenance of the Federal Government's unique and continuing
trust relationship with and responsibility to the Indian people
through the establishment of a meaningful Indian self-
determination policy for education which will deter further
perpetuation of Federal bureaucratic domination of programs.
(c) National Goal.--Congress declares that a major national
goal of the United States is to provide the resources,
processes, and structure which will enable tribes and local
communities to effect the quantity and quality of educational
services and opportunities which will permit Indian children to
compete and excel in the life areas of their choice and to
achieve the measure of self-determination essential to their
social and economic well-being.
(d) Educational Needs.--Congress affirms the reality of the
special and unique educational needs of Indian peoples,
including the need for programs to meet the linguistic and
cultural aspirations of Indian tribes and communities. These
may best be met through a grant process.
(e) Federal Relations.--Congress declares its commitment to
these policies and its support, to the full extent of its
responsibility, for Federal relations with the Indian Nations.
(f) Termination.--Congress hereby repudiates and rejects
House Resolution 108 of the 83d Congress and any policy of
unilateral termination of Federal relations with any Indian
Nation.
SEC. 5204. GRANTS AUTHORIZED.
(a) In General.--
(1) Eligibility.--The Secretary shall provide grants
to Indian tribes, and tribal organizations that--
(A) operate contract schools under title XI
of the Education Amendments of 1978 and notify
the Secretary of their election to operate the
schools with assistance under this part rather
than continuing as contract school;
(B) operate other tribally controlled schools
eligible for assistance under this part and
submit applications (which are approved by
their tribal governing bodies) to the Secretary
for such grants; or
(C) elect to assume operation of Bureau
funded schools with the assistance under this
part and submit applications (which are
approved by their tribal governing bodies) to
the Secretary for such grants.
(2) Deposit of funds.--Grants provided under this
part shall be deposited into the general operating fund
of the tribally controlled school with respect to which
the grant is made.
(3) Use of funds.--(A) Except as otherwise provided
in this paragraph, grants provided under this part
shall be used to defray, at the discretion of the
school board of the tribally controlled school with
respect to which the grant is provided, any
expenditures for education related activities for which
any funds that compose the grant may be used under the
laws described in section 5205(a), including, but not
limited to, expenditures for--
(i) school operations, academic, educational,
residential, guidance and counseling, and
administrative purposes; and
(ii) support services for the school,
including transportation.
(B) Grants provided under this part may, at the
discretion of the school board of the tribally
controlled school with respect to which such grant is
provided, be used to defray operations and maintenance
expenditures for the school if any funds for the
operation and maintenance of the school are allocated
to the school under the provisions of any of the laws
described in section 5205(a).
(b) Limitations.--
(1) One grant per tribe or organization per fiscal
year.--Not more than one grant may be provided under
this part with respect to any Indian tribe or tribal
organization for any fiscal year.
(2) Nonsectarian use.--Funds provided under any grant
made under this part may not be used in connection with
religious worship or sectarian instruction.
(3) Administrative costs limitation.--Funds provided
under any grant under this part may not be expended for
administrative costs (as defined in section 1128(h)(1)
of the Education Amendments of 1978) in excess of the
amount generated for such costs under section 1128 of
such Act.
(c) Limitation on Transfer of Funds Among Schoolsites.--
(1) In general.--In the case of a grantee that
operates schools at more than one schoolsite, the
grantee may expend not more than the lesser of--
(A) 10 percent of the funds allocated for
such schoolsite under section 1128 of the
Education Amendments of 1978; or
(B) $400,000 of such funds, at any other
schoolsite.
(2) Definition of schoolsite.--For purposes of this
subsection, the term ``schoolsite'' means the physical
location and the facilities of an elementary or
secondary educational or residential program operated
by, or under contract or grant with, the Bureau for
which a discreet student count is identified under the
funding formula established under section 1127 of the
Education Amendments of 1978.
(d) No Requirement To Accept Grants.--Nothing in this part
may be construed--
(1) to require a tribe or tribal organization to
apply for or accept; or
(2) to allow any person to coerce any tribe or tribal
organization to apply for, or accept,
a grant under this part to plan, conduct, and administer all
of, or any portion of, any Bureau program. Such applications
and the timing of such applications shall be strictly
voluntary. Nothing in this part may be construed as allowing or
requiring any grant with any entity other than the entity to
which the grant is provided.
(e) No Effect on Federal Responsibility.--Grants provided
under this part shall not terminate, modify, suspend, or reduce
the responsibility of the Federal Government to provide a
program.
(f) Retrocession.--
(1) In general.--Whenever a tribal governing body
requests retrocession of any program for which
assistance is provided under this part, such
retrocession shall become effective upon a date
specified by the Secretary that is not later than 120
days after the date on which the tribal governing body
requests the retrocession. A later date as may be
specified if mutually agreed upon by the Secretary and
the tribal governing body. If such a program is
retroceded, the Secretary shall provide to any Indian
tribe served by such program at least the same quantity
and quality of services that would have been provided
under such program at the level of funding provided
under this part prior to the retrocession.
(2) Status after retrocession.--The tribe requesting
retrocession shall specify whether the retrocession is
to status as a Bureau operated school or as a school
operated under contract under title XI of the Education
Amendments of 1978.
(3) Transfer of equipment and materials.--Except as
otherwise determined by the Secretary, the tribe or
tribal organization operating the program to be
retroceded must transfer to the Secretary (or to the
tribe or tribal organization which will operate the
program as a contract school) the existing equipment
and materials which were acquired--
(A) with assistance under this part; or
(B) upon assumption of operation of the
program under this part if the school was a
Bureau funded school under title XI of the
Education Amendments of 1978 before receiving
assistance under this part.
(g) Prohibition of Termination for Administrative
Convenience.--Grants provided under this part may not be
terminated, modified, suspended, or reduced solely for the
convenience of the administering agency.
SEC. 5205. COMPOSITION OF GRANTS.
(a) In General.--The grant provided under this part to an
Indian tribe or tribal organization for any fiscal year shall
consist of--
(1) the total amount of funds allocated for such
fiscal year under sections 1127 and 1128 of the
Education Amendments of 1978 with respect to the
tribally controlled schools eligible for assistance
under this part which are operated by such Indian tribe
or tribal organization, including, but not limited to,
funds provided under such sections, or under any other
provision of law, for transportation costs;
(2) to the extent requested by such Indian tribe or
tribal organization, the total amount of funds provided
from operations and maintenance accounts and,
notwithstanding section 105 of the Indian Self-
Determination Act, or any other provision of law, other
facilities accounts for such schools for such fiscal
year (including but not limited to those referenced
under section 1126(d) of the Education Amendments of
1978 or any other law); and
(3) the total amount of funds that are allocated to
such schools for such fiscal year under--
(A) title I of the Elementary and Secondary
Education Act of 1965;
(B) the Individuals with Disabilities
Education Act; and
(C) any other Federal education law, that are
allocated to such schools for such fiscal year.
(b) Special Rules.--
(1) In general.--(A) Funds allocated to a tribally
controlled school by reason of paragraph (1) or (2) of
subsection (a) shall be subject to the provisions of
this part and shall not be subject to any additional
restriction, priority, or limitation that is imposed by
the Bureau with respect to funds provided under--
(i) title I of the Elementary and Secondary
Education Act of 1965;
(ii) the Individuals with Disabilities
Education Act; or
(iii) any Federal education law other than
title XI of the Education Amendments of 1978.
(B) Indian tribes and tribal organizations to which
grants are provided under this part, and tribally
controlled schools for which such grants are provided,
shall not be subject to any requirements, obligations,
restrictions, or limitations imposed by the Bureau that
would otherwise apply solely by reason of the receipt
of funds provided under any law referred to in clause
(i), (ii), or (iii) of subparagraph (A).
(2) Schools considered contract schools.--Tribally
controlled schools for which grants are provided under
this part shall be treated as contract schools for the
purposes of allocation of funds under sections 1126(d),
1127, and 1128 of the Education Amendments of 1978.
(3) Schools considered bureau schools.--Tribally
controlled schools for which grants are provided under
this chapter shall be treated as Bureau schools for the
purposes of allocation of funds provided under--
(A) title I of the Elementary and Secondary
Education Act of 1965;
(B) the Individuals with Disabilities
Education Act; and
(C) any other Federal education law, that are
distributed through the Bureau.
(4) Accounts; use of certain funds.--(A)
Notwithstanding section 5204(a)(2), with respect to
funds from facilities improvement and repair,
alteration and renovation (major or minor), health and
safety, or new construction accounts included in the
grant under section 5204(a), the grantee shall maintain
a separate account for such funds. At the end of the
period designated for the work covered by the funds
received, the grantee shall submit to the Secretary a
separate accounting of the work done and the funds
expended to the Secretary. Funds received from these
accounts may only be used for the purpose for which
they were appropriated and for the work encompassed by
the application or submission under which they were
received.
(B) Notwithstanding subparagraph (A), a school
receiving a grant under this part for facilities
improvement and repair may use such grant funds for new
construction if the tribal government or other
organization provides funding for the new construction
equal to at least 25 percent of the total cost of such
new construction.
(C) Where the appropriations measure or the
application submission does not stipulate a period for
the work covered by the funds so designated, the
Secretary and the grantee shall consult and determine
such a period prior to the transfer of the funds. A
period so determined may be extended upon mutual
agreement of the Secretary and the grantee.
(5) Enforcement of request to include funds.--If the
Secretary fails to carry out a request made under
subsection (a)(2) within 180 days of a request filed by
an Indian tribe or tribal organization to include in
such tribe or organization's grant the funds described
in subsection (a)(2), the Secretary shall be deemed to
have approved such request and the Secretary shall
immediately amend the grant accordingly. Such tribe or
organization may enforce its rights under subsection
(a)(2) and this paragraph, including any denial or
failure to act on such tribe or organization's request,
pursuant to the disputes authority described in section
5209(e).
SEC. 5206. ELIGIBILITY FOR GRANTS.
(a) Rules.--
(1) In general.--A tribally controlled school is
eligible for assistance under this part if the school--
(A) on April 28, 1988, was a contract school
under title XI of the Education Amendments of
1978 and the tribe or tribal organization
operating the school submits to the Secretary a
written notice of election to receive a grant
under this part;
(B) was a Bureau operated school under title
XI of the Education Amendments of 1978 and has
met the requirements of subsection (b);
(C) is a school for which the Bureau has not
provided funds, but which has met the
requirements of subsection (c); or
(D) is a school with respect to which an
election has been made under paragraph (2) and
which has met the requirements of subsection
(b).
(2) New schools.--Any application which has been
submitted under the Indian Self-Determination and
Education Assistance Act by an Indian tribe for a
school which is not in operation on the date of the
enactment of the No Child Left Behind Act of 2001 shall
be reviewed under the guidelines and regulations for
applications submitted under the Indian Self-
Determination and Education Assistance Act that were in
effect at the time the application was submitted,
unless the Indian tribe or tribal organization elects
to have the application reviewed under the provisions
of subsection (b).
(b) Additional Requirements for Bureau Funded Schools and
Certain Electing Schools.--
(1) Bureau funded schools.--A school that was a
Bureau funded school under title XI of the Education
Amendments of 1978 on the date of the enactment of the
No Child Left Behind Act of 2001, and any school with
respect to which an election is made under subsection
(a)(2), meets the requirements of this subsection if--
(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an application
requesting that the Secretary--
(i) transfer operation of the school
to the Indian tribe or tribal
organization, if the Indian tribe or
tribal organization is not already
operating the school; and
(ii) make a determination as to
whether the school is eligible for
assistance under this part; and
(B) the Secretary makes a determination that
the school is eligible for assistance under
this part.
(2) Certain electing schools.--(A) By not later than
the date that is 120 days after the date on which an
application is submitted to the Secretary under
paragraph (1)(A), the Secretary shall determine--
(i) in the case of a school which is not
being operated by the Indian tribe or tribal
organization, whether to transfer operation of
the school to the Indian tribe or tribal
organization; and
(ii) whether the school is eligible for
assistance under this part.
(B) In considering applications submitted under
paragraph (1)(A), the Secretary--
(i) shall transfer operation of the school to
the Indian tribe or tribal organization, if the
tribe or tribal organization is not already
operating the school; and
(ii) shall determine that the school is
eligible for assistance under this part, unless
the Secretary finds by clear and convincing
evidence that the services to be provided by
the Indian tribe or tribal organization will be
deleterious to the welfare of the Indians
served by the school.
(C) In considering applications submitted under
paragraph (1)(A), the Secretary shall consider whether
the Indian tribe or tribal organization would be
deficient in operating the school with respect to--
(i) equipment;
(ii) bookkeeping and accounting procedures;
(iii) ability to adequately manage a school;
or
(iv) adequately trained personnel.
(c) Additional Requirements for a School Which Is Not a
Bureau Funded School.--
(1) In general.--A school which is not a Bureau
funded school under title XI of the Education
Amendments of 1978 meets the requirements of this
subsection if--
(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an application
requesting a determination by the Secretary as
to whether the school is eligible for
assistance under this part; and
(B) the Secretary makes a determination that
a school is eligible for assistance under this
part.
(2) Deadline for determination by secretary.--(A) By
not later than the date that is 180 days after the date
on which an application is submitted to the Secretary
under paragraph (1)(A), the Secretary shall determine
whether the school is eligible for assistance under
this part.
(B) In making the determination under subparagraph
(A), the Secretary shall give equal consideration to
each of the following factors:
(i) with respect to the applicant's
proposal--
(I) the adequacy of facilities or the
potential to obtain or provide adequate
facilities;
(II) geographic and demographic
factors in the affected areas;
(III) adequacy of the applicant's
program plans;
(IV) geographic proximity of
comparable public education; and
(V) the needs as expressed by all
affected parties, including but not
limited to students, families, tribal
governments at both the central and
local levels, and school organizations;
and
(ii) with respect to all education services
already available--
(I) geographic and demographic
factors in the affected areas;
(II) adequacy and comparability of
programs already available;
(III) consistency of available
programs with tribal education codes or
tribal legislation on education; and
(IV) the history and success of these
services for the proposed population to
be served, as determined from all
factors including, if relevant,
standardized examination performance.
(C) The Secretary may not make a
determination under this paragraph that is
primarily based upon the geographic proximity
of comparable public education.
(D) Applications submitted under paragraph
(1)(A) shall include information on the factors
described in subparagraph (B)(i), but the
applicant may also provide the Secretary such
information relative to the factors described
in subparagraph (B)(ii) as the applicant
considers appropriate.
(E) If the Secretary fails to make a
determination under subparagraph (A) with
respect to an application within 180 days after
the date on which the Secretary received the
application, the Secretary shall be treated as
having made a determination that the tribally
controlled school is eligible for assistance
under the title and the grant shall become
effective 18 months after the date on which the
Secretary received the application, or on an
earlier date, at the Secretary's discretion.
(d) Filing of Applications and Reports.--
(1) In general.--All applications and reports
submitted to the Secretary under this part, and any
amendments to such applications or reports, shall be
filed with the education line officer designated by the
Director of the Office of Indian Education Programs of
the Bureau of Indian Affairs. The date on which such
filing occurs shall, for purposes of this part, be
treated as the date on which the application or
amendment was submitted to the Secretary.
(2) Supporting documentation.--Any application that
is submitted under this chapter shall be accompanied by
a document indicating the action taken by the tribal
governing body in authorizing such application.
(e) Effective Date for Approved Applications.--Except as
provided by subsection (c)(2)(E), a grant provided under this
part, and any transfer of the operation of a Bureau school made
under subsection (b), shall become effective beginning the
academic year succeeding the fiscal year in which the
application for the grant or transfer is made, or at an earlier
date determined by the Secretary.
(f) Denial of Applications.--
(1) In general.--Whenever the Secretary refuses to
approve a grant under this chapter, to transfer
operation of a Bureau school under subsection (b), or
determines that a school is not eligible for assistance
under this part, the Secretary shall--
(A) state the objections in writing to the
tribe or tribal organization within the
allotted time;
(B) provide assistance to the tribe or tribal
organization to overcome all stated objections.
(C) at the request of the tribe or tribal
organization, provide the tribe or tribal
organization a hearing on the record under the
same rules and regulations that apply under the
Indian Self-Determination and Education
Assistance Act; and
(D) provide an opportunity to appeal the
objection raised.
(2) Timeline for reconsideration of amended
applications.--The Secretary shall reconsider any
amended application submitted under this part within 60
days after the amended application is submitted to the
Secretary.
(g) Report.--The Bureau shall submit an annual report to the
Congress on all applications received, and actions taken
(including the costs associated with such actions), under this
section at the same time that the President is required to
submit to Congress the budget under section 1105 of title 31,
United States Code.
SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
(a) In General.--If the Secretary determines that a tribally
controlled school is eligible for assistance under this part,
the eligibility determination shall remain in effect until the
determination is revoked by the Secretary, and the requirements
of subsection (b) or (c) of section 5206, if applicable, shall
be considered to have been met with respect to such school
until the eligibility determination is revoked by the
Secretary.
(b) Annual Reports.--
(1) In general.--Each recipient of a grant provided
under this part shall complete an annual report which
shall be limited to--
(A) an annual financial statement reporting
revenue and expenditures as defined by the cost
accounting established by the grantee;
(B) an annual financial audit conducted
pursuant to the standards of the Single Audit
Act of 1984;
(C) an annual submission to the Secretary of
the number of students served and a brief
description of programs offered under the
grant; and
(D) a program evaluation conducted by an
impartial evaluation review team, to be based
on the standards established for purposes of
subsection (c)(1)(A)(ii).
(2) Evaluation review teams.--Where appropriate,
other tribally controlled schools and representatives
of tribally controlled community colleges shall make up
members of the evaluation review teams.
(3) Evaluations.--In the case of a school which is
accredited, evaluations will be conducted at intervals
under the terms of accreditation.
(4) Submission of report.--
(A) To tribally governing body.--Upon
completion of the report required under
paragraph (a), the recipient of the grant shall
send (via first class mail, return receipt
requested) a copy of such annual report to the
tribal governing body (as defined in section
1132(f) of the Education Amendments of 1978) of
the tribally controlled school.
(B) To secretary.--Not later than 30 days
after receiving written confirmation that the
tribal governing body has received the report
send pursuant to subsection (A), the recipient
of the grant shall send a copy of the report to
the Secretary.
(c) Revocation of Eligibility.--
(1) In general.--(A) The Secretary shall not revoke a
determination that a school is eligible for assistance
under this part if--
(i) the Indian tribe or tribal organization
submits the reports required under subsection
(b) with respect to the school; and
(ii) at least one of the following subclauses
applies with respect to the school:
(I) The school is certified or
accredited by a State or regional
accrediting association or is a
candidate in good standing for such
accreditation under the rules of the
State or regional accrediting
association, showing that credits
achieved by the students within the
education programs are, or will be,
accepted at grade level by a State
certified or regionally accredited
institution.
(II) A determination made by the
Secretary that there is a reasonable
expectation that the accreditation
described in subclause (I), or the
candidacy in good standing for such
accreditation, will be reached by the
school within 3 years and that the
program offered by the school is
beneficial to the Indian students.
(III) The school is accredited by a
tribal department of education if such
accreditation is accepted by a
generally recognized regional or State
accreditation agency.
(IV) The schools accept the standards
promulgated under section 1121 of the
Education Amendments of 1978 and an
evaluation of performance is conducted
under this section in conformance with
the regulations pertaining to Bureau
operated schools by an impartial
evaluator chosen by the grantee, but no
grantee shall be required to comply
with these standards to a higher degree
than a comparable Bureau operated
school.
(V) A positive evaluation of the
school is conducted by an impartial
evaluator agreed upon by the Secretary
and the grantee every 2 years under
standards adopted by the contractor
under a contract for a school entered
into under the Indian Self-
Determination and Education Assistance
Act (or revisions of such standards
agreed to by the Secretary and the
grantee) prior to the date of the
enactment of this Act. If the Secretary
and the grantee other than the tribal
governing body fail to agree on such an
evaluator, the tribal governing body
shall choose the evaluator or perform
the evaluation. If the Secretary and a
grantee which is the tribal governing
body fail to agree on such an
evaluator, this subclause shall not
apply.
(B) The choice of standards employed for the purpose
of subparagraph (A)(ii) shall be consistent with
section 1121(e) of the Education Amendments of 1978.
(2) Notice requirements for revocation.--The
Secretary shall not revoke a determination that a
school is eligible for assistance under this part, or
reassume control of a school that was a Bureau school
prior to approval of an application submitted under
section 5206(b)(1)(A) until the Secretary--
(A) provides notice to the tribally
controlled school and the tribal governing body
(within the meaning of section 1141(14) of the
Education Amendments of 1978) of the tribally
controlled school which states--
(i) the specific deficiencies that
led to the revocation or resumption
determination; and
(ii) the actions that are needed to
remedy such deficiencies; and
(B) affords such authority an opportunity to
effect the remedial actions.
(3) Technical assistance.--The Secretary shall
provide such technical assistance as is practicable to
effect such remedial actions. Such notice and technical
assistance shall be in addition to a hearing and appeal
to be conducted pursuant to the regulations described
in section 5206(f)(1)(C).
(d) Applicability of Section Pursuant to Election Under
Section 5209(b).--With respect to a tribally controlled school
which receives assistance under this part pursuant to an
election made under section 5209(b)--
(1) subsection (b) of this section shall apply; and
(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance with
subsection (c) of this section.
SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
(a) Payments.--
(1) In general.--Except as otherwise provided in this
subsection, the Secretary shall make payments to
grantees under this part in two payments, of which--
(A) the first payment shall be made not later
than July 15 of each year in an amount equal to
85 percent of the amount which the grantee was
entitled to receive during the preceding
academic year; and
(B) the second payment, consisting of the
remainder to which the grantee is entitled for
the academic year, shall be made not later than
December 1 of each year.
(2) Newly funded schools.--For any school for which
no payment under this part was made from Bureau funds
in the preceding academic year, full payment of the
amount computed for the first academic year of
eligibility under this part shall be made not later
than December 1 of the academic year.
(3) Late funding.--With regard to funds for grantees
that become available for obligation on October 1 of
the fiscal year for which such funds are appropriated,
the Secretary shall make payments to grantees not later
than December 1 of the fiscal year.
(4) Applicability of certain title 31 provisions.--
The provisions of chapter 39 of Title 31, United States
Code, shall apply to the payments required to be made
by paragraphs (1), (2), and (3).
(5) Restrictions.--Paragraphs (1), (2), and (3) shall
be subject to any restriction on amounts of payments
under this part that are imposed by a continuing
resolution or other Act appropriating the funds
involved.
(b) Investment of Funds.--
(1) Treatment of interest and investment income.--
Notwithstanding any other provision of law, any
interest or investment income that accrues to any funds
provided under this part after such funds are paid to
the Indian tribe or tribal organization and before such
funds are expended for the purpose for which such funds
were provided under this part shall be the property of
the Indian tribe or tribal organization and shall not
be taken into account by any officer or employee of the
Federal Government in determining whether to provide
assistance, or the amount of assistance, under any
provision of Federal law. Such interest income shall be
spent on behalf of the school.
(2) Permissible investments.--Funds provided under
this part may be invested by the Indian tribe or tribal
organization before such funds are expended for the
purposes of this part so long as such funds are--
(A) invested by the Indian tribe or tribal
organization only in obligations of the United
States, or in obligations or securities that
are guaranteed or insured by the United States,
or mutual (or other) funds registered with the
Securities and Exchange Commission and which
only invest in obligations of the United
States, or securities that are guaranteed or
insured by the United States; or
(B) deposited only into accounts that are
insure by and agency or instrumentality of the
United States, or are fully collateralized to
ensure protection of the funds, even in the
event of a bank failure.
(c) Recoveries.--For the purposes of underrecovery and
overrecovery determinations by any Federal agency for any other
funds, from whatever source derived, funds received under this
part shall not be taken into consideration.
SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT.
(a) Certain Provisions To Apply to Grants.--The following
provisions of the Indian Self-Determination and Education
Assistance Act (and any subsequent revisions thereto or
renumbering thereof), shall apply to grants provided under this
part:
(1) Section 5(f) (relating to single agency audit).
(2) Section 6 (relating to criminal activities;
penalties).
(3) Section 7 (relating to wage and labor standards).
(4) Section 104 (relating to retention of Federal
employee coverage).
(5) Section 105(f) (relating to Federal property).
(6) Section 105(k) (relating to access to Federal
sources of supply).
(7) Section 105(l) (relating to lease of facility
used for administration and delivery of services).
(8) Section 106(e) (relating to limitation on
remedies relating to cost allowances).
(9) Section 106(i) (relating to use of funds for
matching or cost participation requirements).
(10) Section 106(j) (relating to allowable uses of
funds).
(11) Section 108(c) (Model Agreements provisions
(1)(a)(5) (relating to limitations of costs), (1)(a)(7)
(relating to records and monitoring), (1)(a)(8)
(relating to property), and (a)(1)(9) (relating to
availability of funds).
(12) Section 109 (relating to reassumption).
(13) Section 111 (relating to sovereign immunity and
trusteeship rights unaffected).
(b) Election for Grant in Lieu of Contract.--
(1) In general.--Contractors for activities to which
this part applies who have entered into a contract
under the Indian Self-Determination and Education
Assistance Act that is in effect upon the date of the
enactment of the No Child Left Behind Act of 2001 may,
by giving notice to the Secretary, elect to have the
provisions of this part apply to such activity in lieu
of such contract.
(2) Effective date of election.--Any election made
under paragraph (1) shall take effect on the later of--
(A) October 1 of the fiscal year succeeding
the fiscal year in which such election is made;
or
(B) 60 days after the date of such election.
(3) Exception.--In any case in which the 60-day
period referred to in paragraph (2)(B) is less than 60
days before the beginning of the succeeding fiscal
year, such election shall not take effect until the
fiscal year after the fiscal year succeeding the
election.
(c) No Duplication.--No funds may be provided under any
contract entered into under the Indian Self-Determination and
Education Assistance Act to pay any expenses incurred in
providing any program or services if a grant has been made
under this part to pay such expenses.
(d) Transfers and Carryovers.--
(1) Buildings, equipment, supplies, materials.--A
tribe or tribal organization assuming the operation
of--
(A) a Bureau school with assistance under
this part shall be entitled to the transfer or
use of buildings, equipment, supplies, and
materials to the same extent as if it were
contracting under the Indian Self-Determination
and Education Assistance Act; or
(B) a contract school with assistance under
this part shall be entitled to the transfer or
use of buildings, equipment, supplies and
materials that were used in the operation of
the contract school to the same extent as if it
were contracting under the Indian Self-
Determination and Education Assistance Act.
(2) Funds.--Any tribe or tribal organization which
assumes operation of a Bureau school with assistance
under this part and any tribe or tribal organization
which elects to operate a school with assistance under
this part rather that to continue as a contract school
shall be entitled to any funds which would carryover
from the previous fiscal year as if such school were
operated as a contract school.
(e) Exceptions, Problems, and Disputes.--Any exception or
problem cited in an audit conducted pursuant to section
5207(b)(2), any dispute regarding a grant authorized to be made
pursuant to this part or any amendment to such grant, and any
dispute involving an administrative cost grant under section
1128 of the Education Amendments of 1978 shall be administered
under the provisions governing such exceptions, problems, or
disputes in the case of contracts under the Indian Self-
Determination and Education Assistance Act of 1975. The Equal
Access to Justice Act shall apply to administrative appeals
filed after September 8, 1988, by grantees regarding a grant
under this part, including an administrative cost grant.
SEC. 5210. ROLE OF THE DIRECTOR.
Applications for grants under this part, and all application
modifications, shall be reviewed and approved by personnel
under the direction and control of the Director of the Office
of Indian Education Programs. Required reports shall be
submitted to education personnel under the direction and
control of the Director of such Office.
SEC. 5211. REGULATIONS.
The Secretary is authorized to issue regulations relating to
the discharge of duties specifically assigned to the Secretary
by this part. In all other matters relating to the details of
planning, development, implementing, and evaluating grants
under this part, the Secretary shall not issue regulations.
Regulations issued pursuant to this part shall not have the
standing of a Federal statute for the purposes of judicial
review.
SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT PROGRAM.
(a) In General.--
(1) Trust funds.--Each school receiving grants under
this part may establish, at a Federally insured banking
and savings institution, a trust fund for the purposes
of this section.
(2) Authority of schools regarding trust funds.--The
school may provide--
(A) for the deposit into the trust fund, only
funds from non-Federal sources, except that the
interest on funds received from grants under
this part may be used for this purpose;
(B) for the deposit in the account of any
earnings on funds deposited in the account; and
(C) for the sole use of the school any
noncash, in-kind contributions of real or
personal property, such property may at any
time be converted to cash.
(b) Interest.--Interest from the fund established under
subsection (a) may periodically be withdrawn and used, at the
discretion of the school, to defray any expenses associated
with the operation of the school.
SEC. 5213. DEFINITIONS.
For the purposes of this part:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Indian Affairs of the Department of the Interior.
(2) Eligible indian student.--The term ``eligible
Indian student'' has the meaning of such term in
section 1127(f) of the Education Amendments of 1978.
(3) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including Alaska Native Village or
regional corporations (as defined in or established
pursuant to the Alaskan Native Claims Settlement Act,
which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
(4) Local educational agency.--The term ``local
educational agency'' means a public board of education
or other public authority legally constituted within a
State for either administrative control or direction
of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political
subdivision of a State or such combination of school
districts or counties as are recognized in a State as
an administrative agency for its public elementary or
secondary schools. Such term includes any other public
institution or agency having administrative control and
direction of a public elementary or secondary school.
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(6) Tribal organization.--(A) The term ``tribal
organization'' means--
(i) the recognized governing body of any
Indian tribe; or
(ii) any legally established organization of
Indians which--
(I) is controlled, sanctioned, or
chartered by such governing body or is
democratically elected by the adult
members of the Indian community to be
served by such organization; and
(II) includes the maximum
participation of Indians in all phases
of its activities.
(B) In any case in which a grant is provided under
this part to an organization to provide services
benefiting more than one Indian tribe, the approval of
the governing bodies of Indian tribes representing 80
percent of those students attending the tribally
controlled school shall be considered a sufficient
tribal authorization for such grant.
(7) Tribally controlled school.--The term ``tribally
controlled school'' means a school operated by a tribe
or a tribal organization, enrolling students in
kindergarten through grade 12, including preschools,
which is not a local educational agency and which is
not directly administered by the Bureau of Indian
Affairs.
----------
SECTION 411 OF THE NATIONAL EDUCATION STATISTICS ACT OF 1994
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) * * *
(b) Purpose; State Assessments.--
(1) * * *
[(2) State assessments.--(A)(i) The Commissioner, in
carrying out the National Assessment, may conduct State
assessments of student achievement in grades 4, 8, and
12.
[(ii) Each such State assessment, in each subject
area and at each grade level, shall be conducted on a
developmental basis until the Commissioner determines,
as the result of an evaluation required by subsection
(f), that such assessment produces high quality data
that are valid and reliable.
[(B)(i) States wishing to participate in State
assessments shall enter into an agreement with the
Secretary pursuant to subsection (d)(2).
[(ii) Such agreement shall contain information
sufficient to give States full information about the
process for consensus decisionmaking on objectives to
be tested, and the standards for sampling, test
administration, test security, data collection,
validation, and reporting.
[(C) A participating State shall review and give
permission for the release of results from any test of
its students administered as a part of a State
assessment prior to the release of such data. Refusal
by a State to release its data shall not restrict the
release of data from other States that have approved
the release of such data.]
(2) State assessments.--(A) The Commissioner, in
carrying out the National Assessment--
(i) may conduct State assessments of student
achievement in grades 4, 8, and 12; and
(ii) shall conduct annual State assessments
of student achievement in reading and
mathematics in grades 4 and 8 in order for
States to carry out section 1111(c)(2) of the
Elementary and Secondary Education Act of 1965.
(B)(i) Except as provided in clause (ii), a
participating State shall review and give permission
for the release of results from any test of its
students administered as a part of a State assessment
prior to the release of the data. Refusal by a State to
release its data shall not restrict the release of data
from other States that have approved the release of
that data.
(ii) A State participating in the annual State
assessments of its students in reading and mathematics
in grades 4 and 8 shall be deemed to have given its
permission to release its data if it has an approved
plan under section 1111 of the Elementary and Secondary
Education Act of 1965.
* * * * * * *
[(d) Participation.--
[(1) National and regional.--Participation in the
national and regional assessments by State and local
educational agencies shall be voluntary.
[(2) State.--Participation in assessments made on a
State basis shall be voluntary. The Commissioner shall
enter into an agreement with any State that desires to
carry out an assessment for the State under this
subsection. Each such agreement shall contain
provisions designed to ensure that the State will--
[(A) participate in the assessment; and
[(B) pay from non-Federal sources the non-
Federal share of such participation.
[(3) Non-federal share.--(A) For each fiscal year,
the non-Federal share for the purpose of paragraph
(2)(B) shall be--
[(i) the cost of conducting the assessment at
the school level for all public schools in the
State sample;
[(ii) the cost of coordination within the
State; and
[(iii) other reasonable costs specified by
the Secretary in the agreement described in
paragraph (2), such as the cost of analyzing
and reporting the data.
[(B) The non-Federal share of payments under this
paragraph may be in cash or in kind, fairly valued.
[(C) The agreement described in paragraph (2) shall
describe the manner in which the costs of administering
the assessment to private nonprofit schools included in
the State sample will be met.]
(d) Participation.--
(1) National and regional participation.--
Participation in the national and regional assessments
by State and local educational agencies shall be
voluntary.
(2) State participation.--Participation in
assessments made on a State basis shall be voluntary.
* * * * * * *
----------
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
[Public Law 100-77]
* * * * * * *
TITLE VII--EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS
* * * * * * *
[Subtitle B--Education for Homeless Children and Youth
[SEC. 721. STATEMENT OF POLICY.
[It is the policy of the Congress that--
[(1) each State educational agency shall ensure that
each child of a homeless individual and each homeless
youth has equal access to the same free, appropriate
public education, including a public preschool
education, as provided to other children and youth;
[(2) in any State that has a compulsory residency
requirement as a component of the State's compulsory
school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of
homeless children and youth, the State will review and
undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children
and youth are afforded the same free, appropriate
public education as provided to other children and
youth;
[(3) homelessness alone should not be sufficient
reason to separate students from the mainstream school
environment; and
[(4) homeless children and youth should have access
to the education and other services that such children
and youth need to ensure that such children and youth
have an opportunity to meet the same challenging State
student performance standards to which all students are
held.
[SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
[(a) General Authority.--The Secretary is authorized to make
grants to States in accordance with the provisions of this
section to enable such States to carry out the activities
described in subsections (d), (e), (f), and (g).
[(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
[(c) Allocation and Reservations.--
[(1) In general.--Subject to paragraph (2) and
section 724(c), from the amounts appropriated for each
fiscal year under section 726, the Secretary is
authorized to allot to each State an amount that bears
the same ratio to the amount appropriated for such year
under section 726 as the amount allocated under section
1122 of the Elementary and Secondary Education Act of
1965 to the State for that year bears to the total
amount allocated under section 1122 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 726 to be allocated by the
Secretary among the Virgin Islands, Guam, American
Samoa, 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 subtitle, as determined by the
Secretary.
[(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior for
programs for Indian students served by schools funded
by the Secretary of the Interior, as determined under
the Indian Self-Determination and Education Assistance
Act, that are consistent with the purposes of this Act.
[(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use
of the funds described in clause (i) under terms that
the Secretary determines best meet the purposes of the
programs described in such clause. Such agreement shall
set forth the plans of the Secretary of the Interior
for the use of the amounts transferred, including
appropriate goals, objectives, and milestones.
[(3) Definition.--As used in this subsection, the
term ``State'' shall not include the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, or Palau.
[(d) Activities.--Grants under this section shall be used--
[(1) to carry out the policies set forth in section
721 in the State;
[(2) to provide activities for, and services to,
homeless children, including preschool-aged children,
and homeless youth that enable such children and youth
to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs;
[(3) to establish or designate an Office of
Coordinator of Education of Homeless Children and Youth
in the State educational agency in accordance with
subsection (f);
[(4) to prepare and carry out the State plan
described in subsection (g); and
[(5) to develop and implement professional
development programs for school personnel to heighten
their awareness of, and capacity to respond to,
specific problems in the education of homeless children
and youth.
[(e) State and Local Grants.--
[(1) In general.--(A) Subject to subparagraph (B), if
the amount allotted to the State educational agency for
any fiscal year under this subtitle exceeds the amount
such agency received for fiscal year 1990 under this
subtitle, such agency shall provide grants to local
educational agencies for purposes of section 723.
[(B) The State educational agency may reserve not
more than the greater of 5 percent of the amount such
agency receives under this subtitle for any fiscal
year, or the amount such agency received under this
subtitle for fiscal year 1990, to conduct activities
under subsection (f) directly or through grants or
contracts.
[(2) Special rule.--If the amount allotted to a State
educational agency for any fiscal year under this
subtitle is less than the amount such agency received
for fiscal year 1990 under this subtitle, such agency,
at such agency's discretion, may provide grants to
local educational agencies in accordance with section
723 or may conduct activities under subsection (f)
directly or through grants or contracts.
[(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 subtitle;
[(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 subtitle 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);
[(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 subtitle;
[(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.
[(g) State Plan.--
[(1) In general.--Each State shall submit to the
Secretary a plan to provide for the education of
homeless children and youth within the State, which
plan shall describe how such children and youth are or
will be given the opportunity to meet the same
challenging State student performance standards all
students are expected to meet, shall describe the
procedures the State educational agency will use to
identify such children and youth in the State and to
assess their special needs, and shall--
[(A) describe procedures for the prompt
resolution of disputes regarding the
educational placement of homeless children and
youth;
[(B) describe programs for school personnel
(including principals, attendance officers,
teachers and enrollment personnel), to heighten
the awareness of such personnel of the specific
needs of runaway and homeless youth;
[(C) describe procedures that ensure that
homeless children and youth who meet the
relevant eligibility criteria are able to
participate in Federal, State, or local food
programs;
[(D) describe procedures that ensure that--
[(i) homeless children have equal
access to the same public preschool
programs, administered by the State
agency, as provided to other children;
and
[(ii) homeless children and youth who
meet the relevant eligibility criteria
are able to participate in Federal,
State, or local before- and after-
school care programs;
[(E) address problems set forth in the report
provided to the Secretary under subsection
(f)(4);
[(F) address other problems with respect to
the education of homeless children and youth,
including problems caused by--
[(i) transportation issues; and
[(ii) enrollment delays that are
caused by--
[(I) immunization
requirements;
[(II) residency requirements;
[(III) lack of birth
certificates, school records,
or other documentation; or
[(IV) guardianship issues;
[(G) demonstrate that the State educational
agency and local educational agencies in the
State have developed, and will review and
revise, policies to remove barriers to the
enrollment and retention of homeless children
and youth in schools in the State; and
[(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.
[(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).
[(3) Local educational agency requirements.--(A) The
local educational agency of each homeless child and
youth to be assisted under this subtitle shall,
according to the child's or youth's best interest,
either--
[(i) continue the child's or youth's
education in the school of origin--
[(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.
[(4) Comparable services.--Each homeless child or
youth to be assisted under this subtitle shall be
provided services comparable to services offered to
other students in the school selected according to the
provisions of paragraph (3), including--
[(A) transportation services;
[(B) educational services for which the child
or youth meets the eligibility criteria, such
as services provided under title I of the
Elementary and Secondary Education Act of 1965
or similar State or local programs, educational
programs for children with disabilities, and
educational programs for students with limited-
English proficiency;
[(C) programs in vocational education;
[(D) programs for gifted and talented
students; and
[(E) school meals programs.
[(5) Records.--Any record ordinarily kept by the
school, including immunization records, academic
records, birth certificates, guardianship records, and
evaluations for special services or programs, of each
homeless child or youth shall be maintained--
[(A) so that the records are available, in a
timely fashion, when a child or youth enters a
new school district; and
[(B) in a manner consistent with section 444
of the General Education Provisions Act.
[(6) Coordination.--Each local educational agency
serving homeless children and youth that receives
assistance under this subtitle 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.
[(7) Liaison.--(A) Each local educational agency that
receives assistance under this subtitle shall designate
a homelessness liaison 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.
[(8) Review and revisions.--Each State educational
agency and local educational agency that receives
assistance under this subtitle shall review and revise
any policies that may act as barriers to the enrollment
of homeless children and youth in schools selected in
accordance with paragraph (3). In reviewing and
revising such policies, consideration shall be given to
issues concerning transportation, immunization,
residency, birth certificates, school records, and
other documentation, and guardianship. Special
attention shall be given to ensuring the enrollment and
attendance of homeless children and youth who are not
currently attending school.
[(9) Coordination.--Where 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-Gonzalez National
Affordable Housing Act to minimize educational
disruption for children who become homeless.
[SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
[(a) General Authority.--
[(1) In general.--The State educational agency shall,
in accordance with section 722(e) and from amounts made
available to such agency under section 726, make grants
to local educational agencies for the purpose of
facilitating the enrollment, attendance, and success in
school of homeless children and youth.
[(2) Services.--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.
[(3) Requirement.--Services provided under this
section shall not replace the regular academic program
and shall be designed to expand upon or improve
services provided as part of the school's regular
academic program.
[(b) Application.--A local educational agency that desires to
receive a grant under this section shall submit an application
to the State educational agency at such time, in such manner,
and containing or accompanied by such information as the State
educational agency may reasonably require according to
guidelines issued by the Secretary. Each such application shall
include--
[(1) 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) 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) an assurance that the applicant complies with,
or will use requested funds to come into compliance
with, paragraphs (3) through (9) of section 722(g); and
[(4) a 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 722(g) and from amounts made
available to such agency under section 726, award
grants under this section to local educational agencies
submitting an application under subsection (b) on the
basis of the need of such agencies.
[(2) Need.--In determining need under paragraph (1),
the State educational agency may consider the number of
homeless children and youth enrolled in preschool,
elementary, and secondary schools within the area
served by the agency, and shall consider the needs of
such children and youth and the ability of the agency
to meet such needs. Such agency may also consider--
[(A) the extent to which the proposed use of
funds would facilitate the enrollment,
retention, and educational success of homeless
children and youth;
[(B) the extent to which the application
reflects coordination with other local and
State agencies that serve homeless children and
youth, as well as the State plan required by
section 722(g);
[(C) the extent to which the applicant
exhibits in the application and in current
practice a commitment to education for all
homeless children and youth; and
[(D) such other criteria as the agency
determines appropriate.
[(3) Duration of grants.--Grants awarded under this
section shall be for terms not to exceed three years.
[(d) Authorized Activities.--A local educational agency may
use funds awarded under this section for activities to carry
out the purpose of this subtitle, including--
[(1) the provision of tutoring, supplemental
instruction, and enriched educational services that are
linked to the achievement of the same challenging State
content standards and challenging State student
performance standards the State establishes for other
children or youth;
[(2) the provision of expedited evaluations of the
strengths and needs of homeless children and youth,
including needs and eligibility for programs and
services (such as educational programs for gifted and
talented students, children with disabilities, and
students with limited-English proficiency, services
provided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local
programs, programs in vocational education, and school
meals programs);
[(3) professional development and other activities
for educators and pupil services personnel that are
designed to heighten the understanding and sensitivity
of such personnel to the needs of homeless children and
youth, the rights of such children and youth under this
Act, and the specific educational needs of runaway and
homeless youth;
[(4) the provision of referral services to homeless
children and youth for medical, dental, mental, and
other health services;
[(5) the provision of assistance to defray the excess
cost of transportation for students pursuant to section
722(g)(4), not otherwise provided through Federal,
State, or local funding, where necessary to enable
students to attend the school selected under section
722(g)(3);
[(6) the provision of developmentally appropriate
early childhood education programs, not otherwise
provided through Federal, State, or local funding, for
preschool-aged children;
[(7) the provision of before- and after-school,
mentoring, and summer programs for homeless children
and youth in which a teacher or other qualified
individual provides tutoring, homework assistance, and
supervision of educational activities;
[(8) where necessary, the payment of fees and other
costs associated with tracking, obtaining, and
transferring records necessary to enroll homeless
children and youth in school, including birth
certificates, immunization records, academic records,
guardianship records, and evaluations for special
programs or services;
[(9) the provision of education and training to the
parents of homeless children and youth about the rights
of, and resources available to, such children and
youth;
[(10) the development of coordination between schools
and agencies providing services to homeless children
and youth, including programs funded under the Runaway
and Homeless Youth Act;
[(11) the provision of pupil services (including
violence prevention counseling) and referrals for such
services;
[(12) activities to address the particular needs of
homeless children and youth that may arise from
domestic violence;
[(13) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this
subsection;
[(14) the provision of school supplies, including
those supplies to be distributed at shelters or
temporary housing facilities, or other appropriate
locations; and
[(15) the provision of other extraordinary or
emergency assistance needed to enable homeless children
and youth to attend school.
[SEC. 724. SECRETARIAL RESPONSIBILITIES.
[(a) Review of Plans.--In reviewing the State plans submitted
by the State educational agencies under section 722(g), the
Secretary shall use a peer review process and shall evaluate
whether State laws, policies, and practices described in such
plans adequately address the problems of homeless children and
youth relating to access to education and placement as
described in such plans.
[(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle.
[(c) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
[(d) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of the
60-day period beginning on the date that funds are available
for purposes of making such grants and shall make such grants
not later than the expiration of the 120-day period beginning
on such date.
[(e) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered
by the Secretary under subsection (d), shall determine the
extent to which State educational agencies are ensuring that
each homeless child and homeless youth has access to a free
appropriate public education as described in section 721(1).
[(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
subtitle by December 31, 1997, and every third year thereafter.
[SEC. 725. DEFINITIONS.
[For the purpose of this subtitle, unless otherwise stated--
[(1) the term ``Secretary'' means the Secretary of
Education; and
[(2) the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
[SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subtitle, there are
authorized to be appropriated $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.]
Subtitle B--Education for Homeless Children and Youth
SEC. 721. STATEMENT OF POLICY.
It is the policy of the Congress that--
(1) each State educational agency ensure that each
child of a homeless individual and each homeless youth
has equal access to the same free, public education,
including a public preschool education, as provided to
other children and youth;
(2) in any State that has a compulsory residency
requirement as a component of the State's compulsory
school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of
homeless children and youth, the State review and
undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children
and youth are afforded the same free, public education
as provided to other children and youth;
(3) homelessness alone is not sufficient reason to
separate students from the mainstream school
environment; and
(4) homeless children and youth must have access to
the education and other services that such children and
youth need to ensure that such children and youth have
an opportunity to meet the same challenging State
student academic achievement standards to which all
students are held.
SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
(a) General Authority.--The Secretary is authorized to make
grants to States in accordance with the provisions of this
section to enable such States to carry out the activities
described in subsections (d), (e), (f), and (g).
(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
(c) Allocation and Reservations.--
(1) In general.--Subject to paragraph (2) and section
724(d), from the amounts appropriated for each fiscal
year under section 726, the Secretary is authorized to
allot to each State an amount that bears the same ratio
to the amount appropriated for such year under section
726 as the amount allocated under section 1122 of the
Elementary and Secondary Education Act of 1965 to the
State for that year bears to the total amount allocated
under section 1122 of such Act to all States for that
year, except that no State shall receive less than
$125,000 or \1/2\ of 1 percent of the amount
appropriated under section 726, whichever is greater.
(2) Reservation.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each
fiscal year under section 726 to be allocated by the
Secretary among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands, according to their respective need for
assistance under this subtitle, as determined by the
Secretary.
(B)(i) The Secretary shall transfer one percent of
the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for
programs for Indian students served by schools funded
by the Secretary of the Interior, as determined under
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), that are consistent with
the purposes of this Act.
(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use
of the funds described in clause (i) under terms that
the Secretary determines best meet the purposes of the
programs described in such clause. Such agreement shall
set forth the plans of the Secretary of the Interior
for the use of the amounts transferred, including
appropriate goals, objectives, and milestones.
(3) State Defined.--As used in this subsection, the
term ``State'' shall not include the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(d) Activities.--Grants under this section shall be used--
(1) to carry out the policies set forth in section
721 in the State;
(2) to provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youth that enable such children and youth
to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs;
(3) to establish or designate an Office of
Coordinator of Education of Homeless Children and Youth
in the State educational agency in accordance with
subsection (f);
(4) to prepare and carry out the State plan described
in subsection (g); and
(5) to develop and implement professional development
programs for school personnel to heighten their
awareness of, and capacity to respond to, specific
problems in the education of homeless children and
youth.
(e) State and Local Grants.--
(1) Minimum disbursements by states.--From the sums
made available each year to carry out this subtitle,
the State educational agency shall distribute not less
than 75 percent in grants to local educational agencies
for the purposes of carrying out section 723, except
that States funded at the minimum level set forth in
subsection (c)(1) shall distribute not less than 50
percent in grants to local educational agencies for the
purposes of carrying out section 723.
(2) Use by state educational agency.--A State
educational agency may use funds made available for
State use under this subtitle to conduct activities
under subsection (f) directly or through grants.
(3) Prohibition on segregating homeless students.--
(A) In general.--Except as provided in
subparagraph (B) and section 723(a)(2)(B)(ii),
in providing a free public education to a
homeless child or youth, no State receiving
funds under this subtitle shall segregate such
child or youth, either in a separate school or
in a separate program within a school, based
solely on such child's or youth's status as
homeless.
(B) Exception.--A State that operates a
separate school for homeless children as of the
day preceding the date of enactment of the
McKinney-Vento Homeless Education Assistance
Improvements Act of 2001--
(i) shall remain eligible to receive,
and to distribute to local educational
agencies, funds under this subtitle for
such school; and
(ii) shall not distribute to local
educational agencies in the State any
funds received under this subtitle for
use by any such schools not in
operation as of such date of enactment.
(f) Functions of the Office of Coordinator.--The Coordinator
of Education of Homeless Children and Youth established in each
State shall--
(1) gather, to the extent possible, reliable, valid,
and comprehensive information on the nature and extent
of the problems homeless children and youth have in
gaining access to public preschool programs and to
public elementary and secondary schools, the
difficulties in identifying the special needs of such
children and youth, any progress made by the State
educational agency and local educational agencies in
the State in addressing such problems and difficulties,
and the success of the program under this subtitle in
assisting homeless children and youth to enroll in,
attend, and succeed in, school;
(2) develop and carry out the State plan described in
subsection (g);
(3) collect and transmit to the Secretary information
gathered pursuant to paragraphs (1) and (2) at such
time and in such manner as the Secretary may require;
(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children,
including preschool-aged homeless children, and youth,
and families of such children and youth;
(5) in order to improve the provision of
comprehensive education and related services to
homeless children and youth and their families,
coordinate and collaborate with--
(A) educators, including child development
and preschool program personnel;
(B) State and local providers of services to
homeless and runaway children and youth and
homeless families (including domestic violence
agencies, shelter operators, transitional
housing facilities, runaway and homeless youth
centers, and transitional living programs for
homeless youth);
(C) local educational agency liaisons for
homeless children and youth; and
(D) State and local community organizations
and groups representing homeless children and
youth and their families; and
(6) provide technical assistance to local educational
agencies, in coordination with local liaisons
designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the
requirements of paragraphs (3) through (7) of
subsection (g).
(g) State Plan.--
(1) In general.--Each State shall submit to the
Secretary a plan to provide for the education of
homeless children and youth within the State, which
plan shall--
(A) describe how such children and youth are
or will be given the opportunity to meet the
same challenging State student academic
achievement standards all students are expected
to meet;
(B) describe the procedures the State
educational agency will use to identify such
children and youth in the State and to assess
their special needs;
(C) describe procedures for the prompt
resolution of disputes regarding the
educational placement of homeless children and
youth;
(D) describe programs for school personnel
(including principals, attendance officers,
teachers, enrollment personnel, and pupil
services personnel) to heighten the awareness
of such personnel of the specific needs of
runaway and homeless youth;
(E) describe procedures that ensure that
homeless children and youth who meet the
relevant eligibility criteria are able to
participate in Federal, State, or local food
programs;
(F) describe procedures that ensure that--
(i) homeless children have equal
access to the same public preschool
programs, administered by the State
agency, as provided to other children;
(ii) homeless youth and youth
separated from the public schools are
identified and accorded equal access to
appropriate secondary education and
support services; and
(iii) homeless children and youth who
meet the relevant eligibility criteria
are able to participate in Federal,
State, or local before- and after-
school care programs;
(G) address problems set forth in the report
provided to the Secretary under subsection
(f)(3);
(H) address other problems with respect to
the education of homeless children and youth,
including problems caused by enrollment delays
that are caused by--
(i) immunization and medical records
requirements;
(ii) residency requirements;
(iii) lack of birth certificates,
school records, or other documentation;
(iv) guardianship issues; or
(v) uniform or dress code
requirements;
(I) demonstrate that the State educational
agency and local educational agencies in the
State have developed, and shall review and
revise, policies to remove barriers to the
enrollment and retention of homeless children
and youth in schools in the State; and
(J) contain assurances that--
(i) except as provided in subsection
(e)(3)(B), State and local educational
agencies will adopt policies and
practices to ensure that homeless
children and youth are not segregated
solely on the basis of their status as
homeless;
(ii) local educational agencies will
designate an appropriate staff person,
who may also be a coordinator for other
Federal programs, as a liaison for
homeless children and youth, to carry
out the duties described in paragraph
(6)(A); and
(iii) the State and its local
educational agencies will adopt
policies and practices to ensure that
transportation is provided, at the
request of the parent or guardian (or
in the case of an unaccompanied youth,
the liaison) to and from the school of
origin, as determined in paragraph
(3)(A), in accordance with the
following, as applicable:
(I) If the homeless child or
youth continues to live in the
area served by the local
educational agency in which the
school of origin is located,
the child's or youth's
transportation to and from the
school of origin shall be
provided or arranged by the
local educational agency in
which the school of origin is
located.
(II) If the homeless child's
or youth's living arrangements
in the area served by the local
educational agency of origin
terminate and the child or
youth, though continuing his or
her education in the school of
origin, begins living in the
area served by another local
educational agency, the local
educational agency of origin
and the local educational
agency in which the homeless
child or youth is living shall
agree upon a method to
apportion the responsibility
and costs for providing the
child with transportation to
and from the school or origin.
If the local educational
agencies are unable to agree
upon such method, the
responsibility and costs for
transportation shall be shared
equally.
(2) Compliance.--
(A) In general.--Each plan adopted under this
subsection shall also describe how the State
will ensure that local educational agencies in
the State will comply with the requirements of
paragraphs (3) through (7).
(B) Coordination.--Such plan shall indicate
what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local liaisons established under this
subchapter.
(3) Local educational agency requirements.--
(A) In general.--The local educational agency
serving each child or youth to be assisted
under this subtitle shall, according to the
child's or youth's best interest, either--
(i) continue the child's or youth's
education in the school of origin for
the duration of homelessness--
(I) in any case in which a
family becomes homeless between
academic years or during the
academic year; or
(II) for the remainder of the
academic year, if the child
becomes permanently housed
during the academic year; or
(ii) enroll the child or youth in any
public school that nonhomeless students
who live in the attendance area in
which the child or youth is actually
living are eligible to attend.
(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
(i) to the extent feasible, keep a
homeless child or youth in the school
of origin, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian;
(ii) provide a written explanation,
including a statement regarding the
right to appeal under subparagraph (E),
to the homeless child's or youth's
parent or guardian if the local
educational agency sends such child or
youth to a school other than the school
of origin or a school requested by the
parent or guardian; and
(iii) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(2)
assists in placement or enrollment
decisions under this subparagraph and
provides notice to such youth of the
right to appeal under subparagraph (E).
(C) Enrollment.--(i) The school selected in
accordance with this paragraph shall
immediately enroll pursuant to section 725(3)
the homeless child or youth, even if the child
or youth is unable to produce records normally
required for enrollment, such as previous
academic records, medical records, proof of
residency, or other documentation.
(ii) The enrolling school shall immediately
contact the school last attended by the child
or youth to obtain relevant academic and other
records.
(iii) If the child or youth needs to obtain
immunizations or immunization or medical
records, the enrolling school shall immediately
refer the parent or guardian of the child or
youth to the liaison who shall assist in
obtaining necessary immunizations or
immunization or medical records in accordance
with subparagraph (E).
(D) Records.--Any record ordinarily kept by
the school, including immunization or medical
records, academic records, birth certificates,
guardianship records, and evaluations for
special services or programs, of each homeless
child or youth shall be maintained--
(i) so that the records are
available, in a timely fashion, when a
child or youth enters a new school or
school district; and
(ii) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
(E) Enrollment disputes.--If a dispute arises
over school selection or enrollment in a
school--
(i) the child or youth shall be
immediately admitted to the school in
which enrollment is sought, pending
resolution of the dispute;
(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school's
decision regarding school selection or
enrollment, including the rights of the
parent, guardian, or youth to appeal
the decision;
(iii) the child, youth, parent, or
guardian shall be referred to the local
liaison designated under paragraph
(1)(J)(ii), who shall carry out the
dispute resolution process as described
in paragraph (1)(A) as expeditiously as
possible after receiving notice of the
dispute; and
(iv) in the case of an unaccompanied
youth, the homeless liaison shall
ensure that the youth is immediately
enrolled in school pending resolution
of the dispute.
(F) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth lives with the homeless
parents or has been temporarily placed
elsewhere.
(G) School of origin defined.--In this
paragraph, the term ``school of origin'' means
the school that the child or youth attended
when permanently housed or the school in which
the child or youth was last enrolled.
(H) Contact information.--Nothing in this
subtitle shall prohibit a local educational
agency from requiring a parent or guardian of a
homeless child to submit contact information
required by the local educational agency of a
parent or guardian of a nonhomeless child.
(4) Comparable services.--Each homeless child or
youth to be assisted under this subtitle shall be
provided services comparable to services offered to
other students in the school selected under paragraph
(3), including--
(A) transportation services;
(B) educational services for which the child
or youth meets the eligibility criteria, such
as services provided under title I of the
Elementary and Secondary Education Act of 1965
or similar State or local programs, educational
programs for children with disabilities, and
educational programs for students with limited-
English proficiency;
(C) programs in vocational and technical
education;
(D) programs for gifted and talented
students; and
(E) school nutrition programs.
(5) Coordination.--
(A) In general.--Each local educational
agency serving homeless children and youth that
receives assistance under this subtitle shall
coordinate--
(i) the provision of services under
this subtitle with local social
services agencies and other agencies or
programs providing services to homeless
children and youth and their families,
including services and programs funded
under the Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.); and
(ii) with other local educational
agencies on interdistrict issues, such
as transportation or transfer of school
records.
(B) Housing assistance.--If applicable, each
State and local educational agency that
receives assistance under this subtitle shall
coordinate with State and local housing
agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzales National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youth who become
homeless.
(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
(i) ensure that homeless children and
youth have access and reasonable
proximity to available education and
related support services; and
(ii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in a
shelter and other challenges associated
with homelessness.
(6) Liaison.--
(A) Duties.--Each local liaison for homeless
children and youth, designated under paragraph
(1)(J)(ii), shall ensure that--
(i) homeless children and youth are
identified by school personnel and
through coordination activities with
other entities and agencies;
(ii) homeless children and youth
enroll in, and have an equal
opportunity to succeed in, schools of
that agency;
(iii) homeless families, children,
and youth receive educational services
for which such families, children, and
youth are eligible, including Head
Start and Even Start programs and
preschool programs administered by the
local educational agency, and referrals
to health care services, dental
services, mental health services, and
other appropriate services;
(iv) the parents or guardians of
homeless children and youth are
informed of the education and related
opportunities available to their
children and are provided with
meaningful opportunities to participate
in the education of their children;
(v) public notice of the educational
rights of homeless children and youth
is disseminated where such children and
youth receive services under this Act,
such as schools, family shelters, and
soup kitchens;
(vi) enrollment disputes are mediated
in accordance with subsection
(g)(3)(E); and
(vii) the parent or guardian of a
homeless child or youth, and any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(ii), and is assisted in
accessing transportation to the school
selected in accordance with paragraph
(3)(A).
(B) Notice.--State coordinators whose duties
are described under subsection (d) and local
educational agencies shall inform school
personnel, service providers, and advocates
working with homeless families of the duties of
the liaisons.
(C) Local and state coordination.--Local
educational agency liaisons for homeless
children and youth shall, as a part of their
duties, coordinate and collaborate with State
coordinators and community and school personnel
responsible for the provision of education and
related services to homeless children and
youth.
(7) Review and revisions.--
(A) In general.--Each State educational
agency and local educational agency that
receives assistance under this subtitle, shall
review and revise any policies that may act as
barriers to the enrollment of homeless children
and youth in schools selected in accordance
with paragraph (3).
(B) Consideration.--In reviewing and revising
such policies, consideration shall be given to
issues concerning transportation, immunization,
residency, birth certificates, school records
and other documentation, and guardianship.
(C) Special attention.--Special attention
shall be given to ensuring the enrollment and
attendance of homeless children and youth who
are not currently attending school.
SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS
CHILDREN AND YOUTH.
(a) General Authority.--
(1) In general.--The State educational agency shall,
in accordance with section 722(e) and from amounts made
available to such agency under section 726, make grants
to local educational agencies for the purpose of
facilitating the enrollment, attendance, and success in
school of homeless children and youth.
(2) Services.--
(A) In general.--Services under paragraph
(1)--
(i) may be provided through programs
on school grounds or at other
facilities;
(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless children and youth
with nonhomeless children and youth;
and
(iii) shall be designed to expand or
improve services provided as part of a
school's regular academic program, but
not to replace such services provided
under such program.
(B) Services on school grounds.--If services
under paragraph (1) are provided on school
grounds, schools--
(i) may use funds under this subtitle
to provide the same services to other
children and youth who are determined
by the local educational agency to be
at risk of failing in, or dropping out
of, schools, subject to the
requirements of clause (ii); and
(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide
services in settings within a school
that segregates homeless children and
youth from other children and youth,
except as is necessary for short
periods of time--
(I) for health and safety
emergencies; or
(II) to provide temporary,
special, and supplementary
services to meet the unique
needs of homeless children and
youth.
(3) Requirement.--Services provided under this
section shall not replace the regular academic program
and shall be designed to expand upon or improve
services provided as part of the school's regular
academic program.
(b) Application.--A local educational agency that desires to
receive a grant under this section shall submit an application
to the State educational agency at such time, in such manner,
and containing or accompanied by such information as the State
educational agency may reasonably require. Each such
application shall include--
(1) an assessment of the educational and related
needs of homeless children and youth, as defined in
section 725(1) and (2), in the area served by such
agency (which may be undertaken as part of needs
assessments for other disadvantaged groups);
(2) a description of the services and programs for
which assistance is sought to address the needs
identified in paragraph (1);
(3) an assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect
to the provision of free public education by such
agency for the fiscal year preceding the fiscal year
for which the determination is made, was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made;
(4) an assurance that the applicant complies with, or
will use requested funds to comply with, paragraphs (3)
through (7) of section 722(g); and
(5) a description of policies and procedures,
consistent with section 722(e)(3)(B), that the agency
will implement to ensure that activities carried out by
the agency will not isolate or stigmatize homeless
children and youth.
(c) Awards.--
(1) In general.--The State educational agency shall,
in accordance with the requirements of this subtitle
and from amounts made available to it under section
726, make competitive subgrants to local educational
agencies that submit applications under subsection (b).
Such subgrants shall be awarded on the basis of the
need of such agencies for assistance under this
subtitle and the quality of the applications submitted.
(2) Need.--In determining need under paragraph (1),
the State educational agency may consider the number of
homeless children and youth enrolled in preschool,
elementary, and secondary schools within the area
served by the agency, and shall consider the needs of
such children and youth and the ability of the agency
to meet such needs. Such agency may also consider--
(A) the extent to which the proposed use of
funds would facilitate the enrollment,
retention, and educational success of homeless
children and youth;
(B) the extent to which the application--
(i) reflects coordination with other
local and State agencies that serve
homeless children and youth; and
(ii) meets the requirements of
section 722(g)(3);
(C) the extent to which the applicant
exhibits in the application and in current
practice a commitment to education for all
homeless children and youth; and
(D) such other criteria as the State agency
determines appropriate.
(3) Quality.--In determining the quality of
applications under paragraph (1), the State educational
agency shall consider--
(A) the applicant's needs assessment under
subsection (b)(1) and the likelihood that the
program presented in the application will meet
such needs;
(B) the types, intensity, and coordination of
the services to be provided under the program;
(C) the involvement of parents or guardians;
(D) the extent to which homeless children and
youth will be integrated within the regular
education program;
(E) the quality of the applicant's evaluation
plan for the program;
(F) the extent to which services provided
under this subtitle will be coordinated with
other available services; and
(G) such other measures as the State
educational agency considers indicative of a
high-quality program.
(4) Duration of grants.--Grants awarded under this
section shall be for terms not to exceed 3 years.
(d) Authorized Activities.--A local educational agency may
use funds awarded under this section for activities to carry
out the purpose of this subtitle, including--
(1) the provision of tutoring, supplemental
instruction, and enriched educational services that are
linked to the achievement of the same challenging State
academic content standards and challenging State
student academic achievement standards the State
establishes for other children and youth;
(2) the provision of expedited evaluations of the
strengths and needs of homeless children and youth,
including needs and eligibility for programs and
services (such as educational programs for gifted and
talented students, children with disabilities, and
students with limited-English proficiency, services
provided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local
programs, programs in vocational and technical
education, and school nutrition programs);
(3) professional development and other activities for
educators and pupil services personnel that are
designed to heighten the understanding and sensitivity
of such personnel to the needs of homeless children and
youth, the rights of such children and youth under this
Act, and the specific educational needs of runaway and
homeless youth;
(4) the provision of referral services to homeless
children and youth for medical, dental, mental, and
other health services;
(5) the provision of assistance to defray the excess
cost of transportation for students pursuant to section
722(g)(4)(A), not otherwise provided through Federal,
State, or local funding, where necessary to enable
students to attend the school selected under section
722(g)(3);
(6) the provision of developmentally appropriate
early childhood education programs, not otherwise
provided through Federal, State, or local funding, for
preschool-aged children;
(7) the provision of services and assistance to
attract, engage, and retain homeless youth (as
described in paragraphs (1) and (2) of section 725) in
public school programs and services provided to
nonhomeless youth;
(8) the provision for homeless children and youth of
before- and after-school, mentoring, and summer
programs in which a teacher or other qualified
individual provides tutoring, homework assistance, and
supervision of educational activities;
(9) if necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring
records necessary to enroll homeless children and youth
in school, including birth certificates, immunization
or medical records, academic records, guardianship
records, and evaluations for special programs or
services;
(10) the provision of education and training to the
parents of homeless children and youth about the rights
of, and resources available to, such children and
youth;
(11) the development of coordination between schools
and agencies providing services to homeless children
and youth, as described in section 722(g)(5);
(12) the provision of pupil services (including
violence prevention counseling) and referrals for such
services;
(13) activities to address the particular needs of
homeless children and youth that may arise from
domestic violence;
(14) the adaptation of space and purchase of supplies
for nonschool facilities made available under
subsection (a)(2) to provide services under this
subsection;
(15) the provision of school supplies, including
those supplies to be distributed at shelters or
temporary housing facilities, or other appropriate
locations; and
(16) the provision of other extraordinary or
emergency assistance needed to enable homeless children
and youth to attend school.
SEC. 724. SECRETARIAL RESPONSIBILITIES.
(a) Review of Plans.--In reviewing the State plan submitted
by a State educational agency under section 722(g), the
Secretary shall use a peer review process and shall evaluate
whether State laws, policies, and practices described in such
plans adequately address the problems of homeless children and
youth relating to access to education and placement as
described in such plans.
(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle, if requested by the State
educational agency.
(c) Notice.--The Secretary shall, before the next school year
that begins after the date of the enactment of the McKinney-
Vento Homeless Education Assistance Improvements Act of 2001,
create and disseminate nationwide a public notice of the
educational rights of homeless children and youth and
disseminate such notice to other Federal agencies, programs,
and grantees, including Head Start grantees, Health Care for
the Homeless grantees, Emergency Food and Shelter grantees, and
homeless assistance programs administered by the Department of
Housing and Urban Development.
(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
(e) Submission and Distribution.--The Secretary shall require
applications for grants under this subtitle to be submitted to
the Secretary not later than the expiration of the 60-day
period beginning on the date that funds are available for
purposes of making such grants and shall make such grants not
later than the expiration of the 120-day period beginning on
such date.
(f) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered
by the Secretary under subsection (e), shall determine the
extent to which State educational agencies are ensuring that
each homeless child and homeless youth has access to a free
appropriate public education as described in section 721(1).
(g) Information.--
(1) In general.--From funds appropriated under
section 726, the Secretary shall, either directly or
through grants, contracts, or cooperative agreements,
periodically collect and disseminate data and
information regarding--
(A) the number and location of homeless
children and youth;
(B) the education and related services such
children and youth receive;
(C) the extent to which such needs are being
met; and
(D) such other data and information as the
Secretary deems necessary and relevant to carry
out this subtitle.
(2) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle.
(h) Report.--Not later than 4 years after the date of the
enactment of the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, the Secretary shall prepare and
submit to the President and the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
on the status of education of homeless children and youth,
which shall include information on--
(1) the education of homeless children and youth; and
(2) the actions of the Department and the
effectiveness of the programs supported under this
subtitle.
SEC. 725. DEFINITIONS.
In this subtitle:
(1) The term ``homeless children and youth''--
(A) means individuals who lack a fixed,
regular, and adequate nighttime residence
(within the meaning of section 103(a)(1));
(B) includes--
(i) children and youth who are living
in doubled-up accommodations sharing
the housing of another due to loss of
housing, economic hardship or a similar
reason, are living in motels, hotels,
trailer parks, or camping grounds due
to the lack of alternative adequate
accommodations, are living in emergency
or transitional shelters, are abandoned
in hospitals, or are awaiting foster
care placement;
(ii) individuals who have a primary
nighttime residence that is a public or
private place not designed for or
ordinarily used as a regular sleeping
accommodation for human beings (within
the meaning of section 103(a)(2)(C));
and
(iii) children and youth who are
living in cars, parks, public spaces,
abandoned buildings or substandard
housing, bus or train stations, or
similar settings; and
(C) does not include migratory children (as
such term is defined in section 1309(2) of the
Elementary and Secondary Education Act of
1965), unless such children are staying in
accommodations not fit for habitation.
(2) The term ``unaccompanied youth'' includes youth
not in the physical custody of a parent or guardian.
(3) The terms ``enroll'' and ``enrollment'' include
within their meaning the right to attend classes and to
participate fully in school activities.
(4) The terms ``local educational agency'' and
``State educational agency'' have the meanings given
such terms in section 8101 of the Elementary and
Secondary Education Act of 1965.
(5) The term ``Secretary'' means the Secretary of
Education.
(6) The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subtitle, there are
authorized to be appropriated $60,000,000 for fiscal year 2002
and such sums as may be necessary for each of the fiscal years
2003 through 2006.
* * * * * * *
----------
SECTION 1 OF PUBLIC LAW 106-400
SECTION 1. DESIGNATION.
[Section 1 of] Section 101 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 note; Public Law 100-
77) is amended by striking subsection (a) and inserting the
following new subsection:
``(a) Short Title.--This Act may be cited as the `McKinney-
Vento Homeless Assistance Act'.''.
----------
GOALS 2000: EDUCATE AMERICA ACT
* * * * * * *
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
[PART A--NATIONAL EDUCATION GOALS PANEL
[SEC. 201. PURPOSE.
[It is the purpose of this part to establish a bipartisan
mechanism for--
[(1) building a national consensus for education
improvement;
[(2) reporting on progress toward achieving the
National Education Goals; and
[(3) reviewing the voluntary national content
standards and voluntary national student performance
standards.
[SEC. 202. NATIONAL EDUCATION GOALS PANEL.
[(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (hereafter in this
title referred to as the ``Goals Panel'') to advise the
President, the Secretary, and the Congress.
[(b) Composition.--The Goals Panel shall be composed of 18
members (hereafter in this part referred to as ``members''),
including--
[(1) 2 members appointed by the President;
[(2) 8 members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of
whom shall be from the opposite political party of the
President, appointed by the Chairperson and Vice
Chairperson of the National Governors' Association,
with the Chairperson and Vice Chairperson each
appointing representatives of such Chairperson's or
Vice Chairperson's respective political party, in
consultation with each other;
[(3) 4 Members of the Congress, of whom--
[(A) 1 member shall be appointed by the
Majority Leader of the Senate from among the
Members of the Senate;
[(B) 1 member shall be appointed by the
Minority Leader of the Senate from among the
Members of the Senate;
[(C) 1 member shall be appointed by the
Majority Leader of the House of Representatives
from among the Members of the House of
Representatives; and
[(D) 1 member shall be appointed by the
Minority Leader of the House of Representatives
from among the Members of the House of
Representatives; and
[(4) 4 members of State legislatures appointed by the
President of the National Conference of State
Legislatures, of whom 2 shall be of the same political
party as the President of the United States.
[(c) Special Appointment Rules.--
[(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
[(A) If the Chairperson of the National
Governors' Association is from the same
political party as the President, the
Chairperson shall appoint 3 individuals and the
Vice Chairperson of such association shall
appoint 5 individuals.
[(B) If the Chairperson of the National
Governors' Association is from the opposite
political party as the President, the
Chairperson shall appoint 5 individuals and the
Vice Chairperson of such association shall
appoint 3 individuals.
[(2) Special rule.--If the National Governors'
Association has appointed a panel that meets the
requirements of subsections (b) and (c), except for the
requirements of paragraph (4) of subsection (b), prior
to the date of enactment of this Act, then the members
serving on such panel shall be deemed to be in
compliance with the provisions of such subsections and
shall not be required to be reappointed pursuant to
such subsections.
[(3) Representation.--To the extent feasible, the
membership of the Goals Panel shall be geographically
representative and reflect the racial, ethnic, and
gender diversity of the United States.
[(d) Terms.--The terms of service of members shall be as
follows:
[(1) Presidential appointees.--Members appointed
under subsection (b)(1) shall serve at the pleasure of
the President.
[(2) Governors.--Members appointed under paragraph
(2) of subsection (b) shall serve for 2-year terms,
except that the initial appointments under such
paragraph shall be made to ensure staggered terms with
one-half of such members' terms concluding every 2
years.
[(3) Congressional appointees and state
legislators.--Members appointed under paragraphs (3)
and (4) of subsection (b) shall serve for 2-year terms.
[(e) Date of Appointment.--The initial members shall be
appointed not later than 60 days after the date of enactment of
this Act.
[(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when 10 members of the Goals Panel have
been appointed.
[(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
[(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the Goals
Panel away from the home or regular place of business of the
member.
[(i) Chairperson.--
[(1) In general.--The members shall select a
Chairperson from among the members.
[(2) Term and political affiliation.--The Chairperson
of the Goals Panel shall serve a 1-year term and shall
alternate between political parties.
[(j) Conflict of Interest.--A member of the Goals Panel who
is an elected official of a State which has developed content
or student performance standards may not participate in Goals
Panel consideration of such standards.
[(k) Ex Officio Member.--If the President has not appointed
the Secretary as 1 of the 2 members the President appoints
pursuant to subsection (b)(1), then the Secretary shall serve
as a nonvoting ex officio member of the Goals Panel.
[SEC. 203. DUTIES.
[(a) In General.--The Goals Panel shall--
[(1) report to the President, the Secretary, and the
Congress regarding the progress the Nation and the
States are making toward achieving the National
Education Goals established under title I of this Act,
including issuing an annual report;
[(2) review voluntary national content standards and
voluntary national student performance standards;
[(3) report on promising or effective actions being
taken at the national, State, and local levels, and in
the public and private sectors, to achieve the National
Education Goals; and
[(4) help build a nationwide, bipartisan consensus
for the reforms necessary to achieve the National
Education Goals.
[(b) Report.--
[(1) In general.--The Goals Panel shall annually
prepare and submit to the President, the Secretary, the
appropriate committees of Congress, and the Governor of
each State a report that shall--
[(A) report on the progress of the United
States toward achieving the National Education
Goals; and
[(B) identify actions that should be taken by
Federal, State, and local governments to
enhance progress toward achieving the National
Education Goals and to provide all students
with a fair opportunity-to-learn.
[(2) Form; data.--Reports shall be presented in a
form, and include data, that is understandable to
parents and the general public.
[SEC. 204. POWERS OF THE GOALS PANEL.
[(a) Hearings.--
[(1) In general.--The Goals Panel shall, for the
purpose of carrying out this part, conduct such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Goals
Panel considers appropriate.
[(2) Representation.--In carrying out this part, the
Goals Panel shall conduct hearings to receive reports,
views, and analyses of a broad spectrum of experts and
the public on the establishment of voluntary national
content standards, voluntary national student
performance standards, and State assessments.
[(b) Information.--The Goals Panel may secure directly from
any department or agency of the United States information
necessary to enable the Goals Panel to carry out this part.
Upon request of the Chairperson of the Goals Panel, the head of
a department or agency shall furnish such information to the
Goals Panel to the extent permitted by law.
[(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions as
other departments and agencies of the United States.
[(d) Use of Facilities.--The Goals Panel may, with consent of
any agency or instrumentality of the United States, or of any
State or political subdivision thereof, use the research,
equipment, services, and facilities of such agency,
instrumentality, State, or subdivision, respectively.
[(e) Administrative Arrangements and Support.--
[(1) In general.--The Secretary shall provide to the
Goals Panel, on a reimbursable basis, such
administrative support services as the Goals Panel may
request.
[(2) Contracts and other arrangements.--The
Secretary, to the extent appropriate, and on a
reimbursable basis, shall make contracts and other
arrangements that are requested by the Goals Panel to
help the Goals Panel compile and analyze data or carry
out other functions necessary to the performance of
such responsibilities.
[(f) Gifts.--The Goals Panel may accept, administer, and
utilize gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.
[SEC. 205. ADMINISTRATIVE PROVISIONS.
[(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of its members.
[(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
[(c) Voting and Final Decision.--
[(1) Voting.--No individual may vote, or exercise any
of the powers of a member, by proxy.
[(2) Final decisions.--
[(A) In making final decisions of the Goals
Panel with respect to the exercise of its
duties and powers the Goals Panel shall operate
on the principle of consensus among the members
of the Goals Panel.
[(B) Except as otherwise provided in this
part, if a vote of the membership of the Goals
Panel is required to reach a final decision
with respect to the exercise of its duties and
powers, then such final decision shall be made
by a three-fourths vote of the members of the
Goals Panel who are present and voting.
[(d) Public Access.--The Goals Panel shall ensure public
access to its proceedings (other than proceedings, or portions
of proceedings, relating to internal personnel and management
matters) and make available to the public, at reasonable cost,
transcripts of such proceedings.
[SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
[(a) Director.--The Chairperson of the Goals Panel, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to be
paid at a rate not to exceed the rate of basic pay payable for
level V of the Executive Schedule.
[(b) Appointment and Pay of Employees.--
[(1) In general.--(A) The Director may appoint not
more than 4 additional employees to serve as staff to
the Goals Panel without regard to the provisions of
title 5, United States Code, governing appointments in
the competitive service.
[(B) The employees appointed under subparagraph (A)
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay
rates, but shall not be paid a rate that exceeds the
maximum rate of basic pay payable for GS-15 of the
General Schedule.
[(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals
Panel in accordance with title 5, United States Code.
[(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and consultants
under section 3109(b) of title 5, United States Code.
[(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the United
States may detail any of the personnel of such agency to the
Goals Panel to assist the Goals Panel in its duties under this
part.
[SEC. 207. EARLY CHILDHOOD ASSESSMENT.
[(a) In General.--The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School Readiness
(hereafter in this section referred to as the ``Groups'') to
improve the methods of assessing the readiness of children for
school that would lead to alternatives to currently used early
childhood assessments.
[(b) Activities.--The Groups shall--
[(1) develop a model of elements of school readiness
that address a broad range of early childhood
developmental needs, including the needs of children
with disabilities;
[(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments,
including assessment formats that are appropriate for
use in culturally and linguistically diverse
communities, based on model elements of school
readiness;
[(3) monitor and evaluate early childhood
assessments, including the ability of existing
assessments to provide valid information on the
readiness of children for school; and
[(4) monitor and report on the long-term collection
of data on the status of young children to improve
policy and practice, including the need for new sources
of data necessary to assess the broad range of early
childhood developmental needs.
[(c) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others regarding
how to improve the assessment of young children and how such
assessments can improve services to children.
[(d) Report.--The Goals Panel shall provide reports on the
work of the Groups to the appropriate committees of the
Congress, the Secretary, and the public.]
* * * * * * *
[PART C--AUTHORIZATION OF APPROPRIATIONS
[SEC. 241. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $3,000,000 for
fiscal year 1994, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out part A of this
title.]
* * * * * * *
[TITLE VI--INTERNATIONAL EDUCATION PROGRAM
[SEC. 601. INTERNATIONAL EDUCATION PROGRAM.
[(a) Program Established.--The Secretary, with the
concurrence of the Director of the United States Information
Agency and with the foreign policy guidance of the Secretary of
State, shall carry out an International Education Program in
accordance with this section that shall provide for--
[(1) the study of international education programs
and delivery systems; and
[(2) an international education exchange program.
[(c) International Education Exchange.--
[(1) Requirement.--
[(A) In general.--The Secretary, in
consultation with the Director of the United
States Information Agency, shall carry out a
program to be known as the International
Education Exchange Program. Under such program
the Secretary shall award grants to or enter
into contracts with organizations with
demonstrated effectiveness or expertise in
international achievement comparisons, in order
to--
[(i) make available to educators from
eligible countries exemplary curriculum
and teacher training programs in civics
and government education and economic
education developed in the United
States;
[(ii) assist eligible countries in
the adaptation and implementation of
such programs or joint research
concerning such programs;
[(iii) create and implement
educational programs for United States
students which draw upon the
experiences of emerging constitutional
democracies;
[(iv) provide a means for the
exchange of ideas and experiences in
civics and government education and
economic education among political,
educational, and private sector leaders
of participating eligible countries;
and
[(v) provide support for--
[(I) research and evaluation
to determine the effects of
educational programs on
students' development of the
knowledge, skills, and traits
of character essential for the
preservation and improvement of
constitutional democracy; and
[(II) effective participation
in and the preservation and
improvement of an efficient
market economy.
[(B) Program administration.--The Secretary
and the Director of the United States
Information Agency, or their designees, shall
be jointly responsible for the design of the
program described in subparagraph (A). The
Secretary and the Director of the United States
Information Agency shall name to an oversight
committee an equal number of representatives.
Such committee shall determine the
specifications for requests for proposals, the
eligibility and review criteria for proposals,
and the review process for proposals, for
grants or contracts under this section. The
Director of the United States Information
Agency shall have particular responsibility for
ensuring that programs assisted under this
section are not duplicative of other efforts in
the target countries and that foreign partner
institutions are creditable.
[(C) Reservations.--In carrying out the
program described in subparagraph (A), there
shall be reserved in each fiscal year--
[(i) 50 percent of the amount
available to carry out this subsection
for civics and government education
activities; and
[(ii) 50 percent of such amount
available to carry out this subsection
for economic education activities.
[(2) Contract authorized.--
[(A) In general.--The Secretary, in
consultation with the Director of the United
States Information Agency, is authorized to
contract with independent nonprofit educational
organizations to carry out the provisions of
this subsection.
[(B) Number.--The Secretary, in consultation
with the Director of the United States
Information Agency, shall award at least 1 but
not more than 3 contracts described in
subparagraph (A) in each of the areas described
in clauses (i) and (ii) of paragraph (1)(B).
[(C) Avoidance of duplication.--The
Secretary, in consultation with the Director of
the United States Information Agency, shall
award contracts described in subparagraph (A)
so as to avoid duplication of activities in
such contracts.
[(D) Requirements.--Each organization with
which the Secretary enters into a contract
pursuant to subparagraph (A) shall--
[(i) be experienced in--
[(I) the development and
national implementation of
curricular programs in civics
and government education and
economic education for students
from grades kindergarten
through 12 in local,
intermediate, and State
educational agencies, in
schools funded by the Bureau,
and in private schools
throughout the Nation with the
cooperation and assistance of
national professional
educational organizations,
colleges and universities, and
private sector organizations;
[(II) the development and
implementation of cooperative
university and school-based
inservice training programs for
teachers of grades kindergarten
through grade 12 using scholars
from such relevant disciplines
as political science, political
philosophy, history, law and
economics;
[(III) the development of
model curricular frameworks in
civics and government education
and economic education;
[(IV) the administration of
international seminars on the
goals and objectives of civics
and government education or
economic education in
constitutional democracies
(including the sharing of
curricular materials) for
educational leaders, teacher
trainers, scholars in related
disciplines, and educational
policymakers; and
[(V) the evaluation of civics
and government education or
economic education programs;
and
[(ii) have the authority to
subcontract with other organizations to
carry out the provisions of this
subsection.
[(3) Activities.--The international education program
described in this subsection shall--
[(A) provide eligible countries with--
[(i) seminars on the basic principles
of United States constitutional
democracy and economics, including
seminars on the major governmental and
economic institutions and systems in
the United States, and visits to such
institutions;
[(ii) visits to school systems,
institutions of higher learning, and
nonprofit organizations conducting
exemplary programs in civics and
government education and economic
education in the United States;
[(iii) home stays in United States
communities;
[(iv) translations and adaptations
regarding United States civics and
government education and economic
education curricular programs for
students and teachers, and in the case
of training programs for teachers
translations and adaptations into forms
useful in schools in eligible
countries, and joint research projects
in such areas;
[(v) translation of basic documents
of United States constitutional
government for use in eligible
countries, such as The Federalist
Papers, selected writings of Presidents
Adams and Jefferson and the Anti-
Federalists, and more recent works on
political theory, constitutional law
and economics; and
[(vi) research and evaluation
assistance to determine--
[(I) the effects of
educational programs on
students' development of the
knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
[(II) effective participation
in and the preservation and
improvement of an efficient
market economy;
[(B) provide United States participants
with--
[(i) seminars on the histories,
economics, and governments of eligible
countries;
[(ii) visits to school systems,
institutions of higher learning, and
organizations conducting exemplary
programs in civics and government
education and economic education
located in eligible countries;
[(iii) home stays in eligible
countries;
[(iv) assistance from educators and
scholars in eligible countries in the
development of curricular materials on
the history, government and economics
of such countries that are useful in
United States classrooms;
[(v) opportunities to provide on-site
demonstrations of United States
curricula and pedagogy for educational
leaders in eligible countries; and
[(vi) research and evaluation
assistance to determine--
[(I) the effects of
educational programs on
students' development of the
knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
[(II) effective participation
in and improvement of an
efficient market economy; and
[(C) assist participants from eligible
countries and the United States in
participating in international conferences on
civics and government education and economic
education for educational leaders, teacher
trainers, scholars in related disciplines, and
educational policymakers.
[(4) Participants.--The primary participants in the
international education program assisted under this
subsection shall be leading educators in the areas of
civics and government education and economic education,
including curriculum and teacher training specialists,
scholars in relevant disciplines, and educational
policymakers, from the United States and eligible
countries.
[(5) Personnel and technical experts.--The Secretary
is authorized to provide Department of Education
personnel and technical experts to assist eligible
countries to establish and implement a database or
other effective methods to improve educational delivery
systems, structure and organization.
[(6) Definitions.--For the purpose of this subsection
the term ``eligible country'' means a Central European
country, an Eastern European country, Lithuania,
Latvia, Estonia, Georgia, the Commonwealth of
Independent States, and any country that formerly was a
republic of the Soviet Union whose political
independence is recognized in the United States.
[(d) Authorization of Appropriations.--
[(1) Repealed by section 301(e) of Public Law 105-277
(112 Stat. 2681-410).]
[(2) International education exchange.--There are
authorized to be appropriated $10,000,000 for fiscal
year 1995, and such sums as may be necessary for each
of the fiscal years 1996 through 1999, to carry out
subsection (c).]
* * * * * * *
----------
TROOPS-TO-TEACHERS PROGRAM ACT OF 1999
[TITLE XVII--TROOPS-TO-TEACHERS PROGRAM
[Sec. 1701. Short title; definitions.
[Sec. 1702. Authorization of Troops-to-Teachers Program.
[Sec. 1703. Eligible members of the Armed Forces.
[Sec. 1704. Selection of participants.
[Sec. 1705. Stipend and bonus for participants.
[Sec. 1706. Participation by States.
[Sec. 1707. Termination of original program; transfer of functions.
[Sec. 1708. Reporting requirements.
[Sec. 1709. Funds for fiscal year 2000.
[SEC. 1701. SHORT TITLE; DEFINITIONS.
[(a) Short Title.--This title may be cited as the ``Troops-
to-Teachers Program Act of 1999''.
[(b) Definitions.--In this title:
[(1) The term ``administering Secretary'', with
respect to the Troops-to-Teachers Program, means the
following:
[(A) The Secretary of Defense with respect to
the Armed Forces (other than the Coast Guard)
for the period beginning on the date of the
enactment of this Act, and ending on the date
of the completion of the transfer of
responsibility for the Troops-to-Teachers
Program to the Secretary of Education under
section 1707.
[(B) The Secretary of Transportation with
respect to the Coast Guard for the period
referred to in subparagraph (A).
[(C) The Secretary of Education for any
period after the period referred to in
subparagraph (A).
[(2) The term ``alternative certification or
licensure requirements'' means State or local teacher
certification or licensure requirements that permit a
demonstrated competence in appropriate subject areas
gained in careers outside of education to be
substituted for traditional teacher training course
work.
[(3) The term ``member of the Armed Forces'' includes
a former member of the Armed Forces.
[(4) The term ``State'' includes the District of
Columbia, American Samoa, the Federated States of
Micronesia, Guam, the Republic of the Marshall Islands,
the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the Republic of Palau, and
the United States Virgin Islands.
[SEC. 1702. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
[(a) Program Authorized.--The administering Secretary may
carry out a program (to be known as the ``Troops-to-Teachers
Program'')--
[(1) to assist eligible members of the Armed Forces
after their discharge or release, or retirement, from
active duty to obtain certification or licensure as
elementary or secondary school teachers or as
vocational or technical teachers; and
[(2) to facilitate the employment of such members by
local educational agencies identified under subsection
(b)(1).
[(b) Identification of Local Educational Agencies With
Teacher Shortages.--(1) In carrying out the Troops-to-Teachers
Program, the administering Secretary shall periodically
identify local educational agencies that--
[(A) are receiving grants under title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) as a result of having within their
jurisdictions concentrations of children from low-
income families; or
[(B) are experiencing a shortage of qualified
teachers, in particular a shortage of science,
mathematics, special education, or vocational or
technical teachers.
[(2) The administering Secretary may identify local
educational agencies under paragraph (1) through surveys
conducted for that purpose or by using information on local
educational agencies that is available to the administering
Secretary from other sources.
[(c) Identification of States With Alternative Certification
Requirements.--In carrying out the Troops-to-Teachers Program,
the administering Secretary shall also conduct a survey of
States to identify those States that have alternative
certification or licensure requirements for teachers, including
those States that grant credit for service in the Armed Forces
toward satisfying certification or licensure requirements for
teachers.
[(d) Limitation on Use of Funds for Management
Infrastructure.--The administering Secretary may utilize not
more than five percent of the funds available to carry out the
Troops-to-Teachers Program for a fiscal year for purposes of
establishing and maintaining the management infrastructure
necessary to support the program.
[SEC. 1703. ELIGIBLE MEMBERS OF THE ARMED FORCES.
[(a) Eligible Members.--Subject to subsection (c), the
following members of the Armed Forces shall be eligible for
selection to participate in the Troops-to-Teachers Program:
[(1) Any member who--
[(A) during the period beginning on October
1, 1990, and ending on September 30, 1999, was
involuntarily discharged or released from
active duty for purposes of a reduction of
force after six or more years of continuous
active duty immediately before the discharge or
release; and
[(B) satisfies such other criteria for
selection as the administering Secretary may
prescribe.
[(2) Any member who applied for the teacher placement
program administered under section 1151 of title 10,
United States Code, as in effect before its repeal by
section 1707, and who satisfies the eligibility
criteria specified in subsection (c) of such section
1151.
[(3) Any member who--
[(A) on or after October 1, 1999, becomes
entitled to retired or retainer pay in the
manner provided in title 10 or title 14, United
States Code;
[(B) has the educational background required
by subsection (b); and
[(C) satisfies the criteria prescribed under
paragraph (1)(B).
[(b) Educational Background.--(1) In the case of a member of
the Armed Forces described in subsection (a)(3) who is applying
for assistance for placement as an elementary or secondary
school teacher, the administering Secretary shall require the
member to have received a baccalaureate or advanced degree from
an accredited institution of higher education.
[(2) In the case of a member described in subsection (a)(3)
who is applying for assistance for placement as a vocational or
technical teacher, the administering Secretary shall require
the member--
[(A) to have received the equivalent of one year of
college from an accredited institution of higher
education and have 10 or more years of military
experience in a vocational or technical field; or
[(B) to otherwise meet the certification or licensure
requirements for a vocational or technical teacher in
the State in which the member seeks assistance for
placement under the program.
[(c) Ineligible Members.--A member of the Armed Forces
described in subsection (a) is eligible to participate in the
Troops-to-Teachers Program only if the member's last period of
service in the Armed Forces was characterized as honorable.
[(d) Information Regarding Program.--(1) The administering
Secretary shall provide information regarding the Troops-to-
Teachers Program, and make applications for the program
available, to members of the Armed Forces as part of
preseparation counseling provided under section 1142 of title
10, United States Code.
[(2) The information provided to members shall--
[(A) indicate the local educational agencies
identified under section 1702(b); and
[(B) identify those States surveyed under section
1702(c) that have alternative certification or
licensure requirements for teachers, including those
States that grant credit for service in the Armed
Forces toward satisfying such requirements.
[SEC. 1704. SELECTION OF PARTICIPANTS.
[(a) Submission of Applications.--Selection of eligible
members of the Armed Forces to participate in the Troops-to-
Teachers Program shall be made on the basis of applications
submitted to the administering Secretary on a timely basis. An
application shall be in such form and contain such information
as the administering Secretary may require.
[(b) Timely Applications.--An application shall be considered
to be submitted on a timely basis if the application is
submitted as follows:
[(1) In the case of a member of the Armed Forces who
is eligible under section 1703(a)(1) or 1703(a)(2), not
later than September 30, 2003.
[(2) In the case of a member who is eligible under
section 1703(a)(3), not later than four years after the
date on which the member first receives retired or
retainer pay under title 10 or title 14, United States
Code.
[(c) Selection Priorities.--In selecting eligible members of
the Armed Forces to receive assistance for placement as
elementary or secondary school teachers or vocational or
technical teachers, the administering Secretary shall give
priority to members who--
[(1) have educational or military experience in
science, mathematics, special education, or vocational
or technical subjects and agree to seek employment as
science, mathematics, or special education teachers in
elementary or secondary schools or in other schools
under the jurisdiction of a local educational agency;
or
[(2) have educational or military experience in
another subject area identified by the administering
Secretary, in consultation with the National Governors
Association, as important for national educational
objectives and agree to seek employment in that subject
area in elementary or secondary schools.
[(d) Selection Subject to Funding.--The administering
Secretary may not select a member of the Armed Forces to
participate in the Troops-to-Teachers Program unless the
administering Secretary has sufficient appropriations for the
program available at the time of the selection to satisfy the
obligations to be incurred by the United States under section
1705 with respect to that member.
[(e) Participation Agreement.--A member of the Armed Forces
selected to participate in the Troops-to-Teachers Program shall
be required to enter into an agreement with the administering
Secretary in which the member agrees--
[(1) to obtain, within such time as the administering
Secretary may require, certification or licensure as an
elementary or secondary school teacher or vocational or
technical teacher; and
[(2) to accept an offer of full-time employment as an
elementary or secondary school teacher or vocational or
technical teacher for not less than four school years
with a local educational agency identified under
section 1702, to begin the school year after obtaining
that certification or licensure.
[(f) Exceptions to Violation Determination.--A participant in
the Troops-to-Teachers Program shall not be considered to be in
violation of an agreement entered into under subsection (e)
during any period in which the participant--
[(1) is pursuing a full-time course of study related
to the field of teaching at an eligible institution;
[(2) is serving on active duty as a member of the
Armed Forces;
[(3) is temporarily totally disabled for a period of
time not to exceed three years as established by sworn
affidavit of a qualified physician;
[(4) is unable to secure employment for a period not
to exceed 12 months by reason of the care required by a
spouse who is disabled;
[(5) is seeking and unable to find full-time
employment as a teacher in an elementary or secondary
school or as a vocational or technical teacher for a
single period not to exceed 27 months; or
[(6) satisfies the provisions of additional
reimbursement exceptions that may be prescribed by the
administering Secretary.
[SEC. 1705. STIPEND AND BONUS FOR PARTICIPANTS.
[(a) Stipend Authorized.--(1) Subject to paragraph (2), the
administering Secretary shall pay to each participant in the
Troops-to-Teachers Program a stipend in an amount equal to
$5,000.
[(2) The total number of stipends that may be paid under
paragraph (1) in any fiscal year may not exceed 3,000.
[(b) Bonus Authorized.--(1) Subject to paragraph (2), the
administering Secretary may, in lieu of paying a stipend under
subsection (a), pay a bonus of $10,000 to each participant in
the Troops-to-Teachers Program who agrees under section 1704(e)
to accept full-time employment as an elementary or secondary
school teacher or vocational or technical teacher for not less
than four years in a high need school.
[(2) The total number of bonuses that may be paid under
paragraph (1) in any fiscal year may not exceed 1,000.
[(3) In this subsection, the term ``high need school'' means
an elementary school or secondary school that meets one or more
of the following criteria:
[(A) The school has a drop out rate that exceeds the
national average school drop out rate.
[(B) The school has a large percentage of students
(as determined by the Secretary of Education in
consultation with the National Assessment Governing
Board) who speak English as a second language.
[(C) The school has a large percentage of students
(as so determined) who are at risk of educational
failure by reason of limited proficiency in English,
poverty, race, geographic location, or economic
circumstances.
[(D) At least one-half of the students of the school
are from families with an income below the poverty line
(as that term is 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.
[(E) The school has a large percentage of students
(as so determined) who qualify for assistance under
part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
[(F) The school meets any other criteria established
by the administering Secretary in consultation with the
National Assessment Governing Board.
[(c) Treatment of Stipend and Bonus.--Stipends and bonuses
paid under this section shall be taken into account in
determining the eligibility of the participant concerned for
Federal student financial assistance provided under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
[(d) Reimbursement Under Certain Circumstances.--(1) If a
participant in the Troops-to-Teachers Program fails to obtain
teacher certification or licensure or employment as an
elementary or secondary school teacher or vocational or
technical teacher as required by the agreement under section
1704(e) or voluntarily leaves, or is terminated for cause, from
the employment during the four years of required service in
violation of the agreement, the participant shall be required
to reimburse the administering Secretary for any stipend paid
to the participant under subsection (a) in an amount that bears
the same ratio to the amount of the stipend as the unserved
portion of required service bears to the four years of required
service.
[(2) If a participant in the Troops-to-Teachers Program who
is paid a bonus under subsection (b) fails to obtain employment
for which the bonus was paid as required by the agreement under
section 1704(e), or voluntarily leaves or is terminated for
cause from the employment during the four years of required
service in violation of the agreement, the participant shall be
required to reimburse the administering Secretary for any bonus
paid to the participant under that subsection in an amount that
bears the same ratio to the amount of the bonus as the unserved
portion of required service bears to the four years of required
service.
[(3) The obligation to reimburse the administering Secretary
under this subsection is, for all purposes, a debt owing the
United States. A discharge in bankruptcy under title 11, United
States Code, shall not release a participant from the
obligation to reimburse the administering Secretary.
[(4) Any amount owed by a participant under this subsection
shall bear interest at the rate equal to the highest rate being
paid by the United States on the day on which the reimbursement
is determined to be due for securities having maturities of
ninety days or less and shall accrue from the day on which the
participant is first notified of the amount due.
[(e) Exceptions to Reimbursement Requirement.--A participant
in the Troops-to-Teachers Program shall be excused from
reimbursement under subsection (d) if the participant becomes
permanently totally disabled as established by sworn affidavit
of a qualified physician. The administering Secretary may also
waive reimbursement in cases of extreme hardship to the
participant, as determined by the administering Secretary.
[(f) Relationship to Educational Assistance Under Montgomery
GI Bill.--The receipt by a participant in the Troops-to-
Teachers Program of any assistance under the program shall not
reduce or otherwise affect the entitlement of the participant
to any benefits under chapter 30 of title 38, United States
Code, or chapter 1606 of title 10, United States Code.
[SEC. 1706. PARTICIPATION BY STATES.
[(a) Discharge of State Activities Through Consortia of
States.--The administering Secretary may permit States
participating in the Troops-to-Teachers Program to carry out
activities authorized for such States under the program through
one or more consortia of such States.
[(b) Assistance to States.--(1) Subject to paragraph (2), the
administering Secretary may make grants to States participating
in the Troops-to-Teachers Program, or to consortia of such
States, in order to permit such States or consortia of States
to operate offices for purposes of recruiting eligible members
of the Armed Forces for participation in the program and
facilitating the employment of participants in the program in
schools in such States or consortia of States.
[(2) The total amount of grants under paragraph (1) in any
fiscal year may not exceed $4,000,000.
[SEC. 1707. TERMINATION OF ORIGINAL PROGRAM; TRANSFER OF FUNCTIONS.
[(a) Termination.--(1) Section 1151 of title 10, United
States Code, is repealed.
[(2) The table of sections at the beginning of chapter 58 of
such title is amended by striking the item relating to section
1151.
[(3) The repeal of such section shall not affect the validity
or terms of any agreement entered into before the date of the
enactment of this Act under subsection (f) of such section, or
to pay assistance, make grants, or obtain reimbursement in
connection with such an agreement under subsections (g), (h),
and (i) of such section, as in effect before its repeal.
[(b) Transfer of Functions.--(1) The Secretary of Defense,
the Secretary of Transportation, and the Secretary of Education
shall provide for the transfer to the Secretary of Education of
any on-going functions and responsibilities of the Secretary of
Defense and the Secretary of Transportation with respect to--
[(A) the program authorized by section 1151 of title
10, United States Code, before its repeal by subsection
(a)(1); and
[(B) the Troops-to-Teachers Program for the period
beginning on the date of the enactment of this Act and
ending on September 30, 2000.
[(2) The Secretaries referred to in paragraph (1) shall
complete the transfer under such paragraph not later than
October 1, 2000.
[(3) After completion of the transfer, the Secretary of
Education shall discharge that Secretary's functions and
responsibilities with respect to the program in consultation
with the Secretary of Defense and the Secretary of
Transportation with respect to the Coast Guard.
[SEC. 1708. REPORTING REQUIREMENTS.
[(a) Report Required.--Not later than March 31, 2001, the
Secretary of Education (in consultation with the Secretary of
Defense and the Secretary of Transportation) and the
Comptroller General shall each submit to Congress a report on
the effectiveness of the Troops-to-Teachers Program in the
recruitment and retention of qualified personnel by local
educational agencies identified under section 1702(b).
[(b) Elements of Report.--The report under subsection (a)
shall include information on the following:
[(1) The number of participants in the Troops-to-
Teachers Program.
[(2) The schools in which such participants are
employed.
[(3) The grade levels at which such participants
teach.
[(4) The subject matters taught by such participants.
[(5) The effectiveness of the teaching of such
participants, as indicated by any relevant test scores
of the students of such participants.
[(6) The extent of any academic improvement in the
schools in which such participants teach by reason of
their teaching.
[(7) The rates of retention of such participants by
the local educational agencies employing such
participants.
[(8) The effect of any stipends or bonuses under
section 1705 in enhancing participation in the program
or in enhancing recruitment or retention of
participants in the program by the local educational
agencies employing such participants.
[(9) Such other matters as the Secretary of Education
or the Comptroller General, as the case may be,
considers appropriate.
[(c) Recommendations.--The report of the Comptroller General
under this section shall also include any recommendations of
the Comptroller General as to means of improving the Troops-to-
Teachers Program, including means of enhancing the recruitment
and retention of participants in the program.
[SEC. 1709. FUNDS FOR FISCAL YEAR 2000.
[Of the amount authorized to be appropriated by section 301
for operation and maintenance for fiscal year 2000, $3,000,000
shall be available for purposes of carrying out the Troops-to-
Teachers Program.]
ADDITIONAL VIEWS TO H.R. 1
We commend the Committee on Education and the Workforce for
reporting a bill to reauthorize the Elementary and Secondary
Education Act that will reach the House floor with broad
bipartisan support. With its focus on high standards for all
children and results-based accountability, the bill seeks to
build upon lessons learned since the previous reauthorization
in 1994. Moreover, H.R. 1 provides better targeting to reach
these goals and authorizes additional resources for these
purposes.
Notwithstanding the many virtues of H.R. 1, we remain
concerned that the bill goes too far in its reliance on
standardized testing. Recent years have seen a growing trend in
education policy toward more standardized testing of students
at all levels of their education despite uncertain scientific
evidence that the tests currently in use are fair and accurate.
In fact, studies have consistently shown that many popular
standardized tests are poorly designed, may be discriminatory
toward poor and minority students, and are not sufficiently
aligned to the content taught in schools. Furthermore, we have
not to date had an appropriate national evaluation of the
trade-offs increased testing requires in other aspects of the
curriculum. With more and more time being devoted to
preparation for standardized tests, many schools have been
forced to sharply curtail their offerings in civics, social
studies, and the arts. We would argue that reductions in these
subjects deprive students of vital components in a balanced
education.
Given these realities, the testing provisions in H.R. 1
raise questions. With its requirement of annual testing in
grades 3 through 8, the bill significantly expands the number
and scope of standardized tests in our schools. It does so
without fully addressing the cost these tests exact in dollars
at the local level, in their impact on the quality of education
in our schools, or in the psychological effects of yearly
testing on our students. Further, H.R. 1 does not provide
adequate assurances that the tests being given will be fair and
accurate. By allowing states to substitute their own
assessments for the National Assessment of Educational Progress
as a benchmark against which to judge their annual tests in
reading and mathematics, H.R. 1, offers no student performance.
A bill of such scope, with such profound importance in the
lives of our nation's children should confront these issues
more directly and realistically than H.R. 1, as reported, does.
We will continue to work to address these concerns as the
legislation moves forward.
John F. Tierney.
Betty McCollum.
Robert C. Scott.
ADDITIONAL VIEWS TO H.R. 1
introduction
We are pleased that H.R. 1 has been reported with a strong
bipartisan vote, and has the enthusiastic support of the Bush
Administration. It provides real accountability for results,
ensures that all children are taught by qualified teaches, and
targets critical resources to the schools that need them the
most. H.R. 1 as reported also avoids divisive issues such as a
federal funding of private school vouchers, and block grants to
states which would undermine strong, new accountability
requirements, and sabotage local control over education.
In order to get the job of school reform done right, H.R. 1
authorizes substantial new resources to schools--over $5
billion more than last years's appropriation levels for
elementary and secondary schools. Additional investments
promised in H.R. 1 are critical to the success of education
reform.
Given this bipartisan support for greater investment in
education reform, it is disappointing to us that the recently
passed budget resolution fails to make any new investments in
education. This is in direct contradiction to the commitments
provided in H.R. 1. We implore the Republican leadership to
make good on this bipartisan promise. We intend to continue the
fight to ensure that the Congress makes good on H.R. 1's
promise for new investments in education.
real accountability for results
H.R. 1 strengthens accountability for results, increases
the amount of resources and targeting to disadvantaged areas,
supports America's teachers through quality training, provides
parents with meaningful information and involvement, and
ensures we maintain critical national education priorities.
H.R. 1 provides an important new focus by adding State,
school district and school report cards on student academic
performance. It significantly increases the amount of resources
for teacher training--and makes clear that all States require
their teachers to become fully qualified by the year 2005. H.R.
1 also preserves Title I's targeting of resources to high
poverty school districts and schools.
H.R. 1 preserves and builds upon many of the core advances
that the last reauthorization of ESEA in 1994 instituted. It
maintains the requirements for State systemic reform, based on
challenging standards and aligned assessments. Further building
on 1994'sassessment requirement, the bill includes annual
testing for children in grades 3 through 8 and requires States to check
their performance against the National Assessment of Education Progress
(NAEP) or an alternative assessment.
H.R. 1 enhances accountability and resources to Title I--
both of which are critical to education reform. It requires all
children to perform well in school; it helps close the
achievement gap between disadvantaged groups and their more
advantaged peers; it requires the reporting of data in a way
that allows schools and parents to gauge the success of at-risk
populations; it increases teacher and paraprofessional quality
requirements; and it provides a strong focus on turning around
and struggling schools through the investment of additional
help and resources.
We can no longer tolerate low-performing schools that place
the education of our children at risk. This means that States
and school districts will need to provide substantive
intervention to help the students of low-performing schools
reach high standards. If schools are still failing after they
are given the resources and opportunity to succeed--then
consequences must exist. This bill will accomplish these
important reforms.
making critical new investments for education reform
H.R. 1 also adds significant resources to ESEA, while
increasing targeting to the most disadvantaged areas. In the
past six appropriations cycles, funding for the Department of
Education has increased by an average of 13 percent. H.R. 1
would increase funding for ESEA programs by $5.5 to $24 billion
in FY 2002, a 32 percent increase. H.R. 1. also includes a
doubling of the Title I authorization by FY 2006 to $17.2
billion. Coupled with these increases in overall funding are
significantly more targeted formulas. Funding for teacher
quality will be distributed on a 80% poverty, 20% population
formula, rather than the 50% poverty, 50% population formula
under current law. Technology funding is more targeted in H.R.
1, by moving to a combination of formula and competitive grants
targeted on Title I and the highest poverty school districts in
a State. Lastly, targeting of Safe and Drug Free Schools
funding is more focused on areas of need.
National Education Priorities
The bill also expands parent information and involvement.
The bill preserves the requirement that 1% of a school
district's Title I allocation be used to encourage parental
involvement. Added are provisions to ensure that parents
receive information in a form and language they can understand.
Lastly, parents are empowered with ``right-to-know'' provisions
that entitle them to information on the professional
qualifications of their children's teachers.
We are pleased the reported version of H.R. 1 maintains
critical national priorities for after-school programs, such as
the 21st Century Community Learning Centers, the National
Writing Project, Civic and International Education and Women's
Educational Equity Act.
preserving bipartisan support for h.r. 1
While the bill as introduced included numerous provisions
allowing private school vouchers, including the voucherizing of
Title I, a bipartisan majority of the Committee voted to strike
the voucher provisions. This vote, in addition to the absence
of Straight A's from the legislation, made it possible for us
to support H.R. 1 on final passage. Inclusion of either of
these items as proceed with floor consideration will jeopardize
bipartisan support for this legislation.
additional democratic priorities
Also, we believe several amendments offered by Democratic
Members during Committee consideration deserve further
deliberation and consideration when this bill is considered on
the House Floor. These amendments include: Funding for School
Renovation and Construction; Class-Size Reduction; Universal
and Expanded Preschool programs; and Go-Girls program
(training, mentoring and educational opportunities for girls to
enter the mathematics, science, engineering and science);
safeguards against inappropriate high stakes testing,
maintaining the school wide percentage at 50%; Smaller Learning
Communities (separate funding for smaller schools and schools
within schools); reinstating the Coordinated Services program,
and providing training for school library media specialists.
additional issues
We are pleased by commitments from the majority to continue
to work on some of these concerns between Committee action and
Floor consideration. Chief among these concerns are provisions
remaining in the bill regarding segregation of homeless
students and teacher liability provisions. Presently, the bill
allows State receiving funds under the McKinney-Vento Homeless
Assistance Act to segregate homeless students from their housed
peers and use Federal McKinney Funds to support segregated
schools that presently exist. We object to this provision
because it denies homeless children equal educational
opportunities and rewards noncompliance with the original
intent of the McKinney-Vento statute. We have ended the
practice of segregating various segments of our population
through actions by the Court and Congress. We should not go
back on these historic advances through the adoption of this
provision.
In addition, we continue to have concerns over the
inclusion of a provision providing teachers immunity from
Federal liability claims. This immunity exempts a teacher
frommonetary damages when an action was taken by the teacher to
maintain disciple. We are concerned that the immunity allowed under
this provision will permit, or even encourage inappropriate actions
such as corporal punishment in our schools. The fact that this
provision will have the affect of preventing causes of action against
teachers for the violations of a child's civil rights troubles us
greatly. The Majority has committed to further discussions on this
matter and we look forward to resolving it in a mutually agreeable
fashion prior consideration.
Also, we have continually voiced concern during this
process over the inclusion of an alternative assessment, rather
than simply utilizing the National Assessment of Education
Progress (NAEP), to ensure State assessment results are valid.
Allowing States to use an alternative assessment as a ``check''
on the results of their own State assessment will not produce
the accountability the President and Congress is seeking.
Lastly, we continue to be concerned about the impact of
parental consent provisions included in the legislation for
limited English proficient children to receive bilingual
education services and the lack of a sufficient authorization
level for the Title III, Part A Bilingual Education program. As
we proceed with Floor consideration and Conference Committee
Action we hope both of these concerns will be further
addressed.
George Miller.
Major Owens.
Lynn Woolsey.
Ruben Hinojosa.
John Tierney.
Loretta Sanchez.
Dennis Kucinich.
Rush Holt.
Dale Kildee.
Robert Andrews.
Robert C. Scott.
Carolyn McCarthy.
Ron Kind.
Harold E. Ford, Jr.
Hilda Solis.
Betty McCollum.
DISSENTING VIEWS ON H.R. 1
i. introduction
In 1998, the House Education and the Workforce Oversight
Subcommittee began a comprehensive investigation into the
federal government's role in the education of America's
children. After an exhaustive study and numerous field hearings
across the country with parents, students and administrators,
Education at a Crossroads was released detailing the hundreds
of education related programs across 39 agencies that cost
taxpayers $120 billion a year. Despite the enormous increase in
federal spending over the past decade alone, it found that
academic achievement has still not improved. In addition, the
achievement gaps between poor students and their more affluent
peers and between minority students and non-minorities remain
unchanged or have grown. It further highlighted the solution to
the problem of education stagnation--that of empowering
parents, returning control back to the local level, encouraging
basic academic achievements and returning dollars to the
classroom.
With the results in hand, last Congress, Republican members
on the Committee labored to draft legislation to reauthorize
the Elementary and Secondary Education Act (ESEA). While
Congress and the President were unable to reach final agreement
on reauthorizing the bill, progress was significant, including
passage by the full House of Representatives of H.R. 2300, the
Academic Achievement for All Students Act, or Straight A's as
it is most often called. The Straight A's approach demanded
higher achievement--which current law does not--and eliminated
the red tape and bureaucracy that gets in the way of education
reform and innovation. In exchange for this flexibility, states
would be required to provide academic results disaggregated by
socioeconomic status and to meet state goals for each of these
groups.
ii. a vision for true education reform--empowering parents, not
government bureaucracy
During his campaign for the presidency, candidate George W.
Bush forcefully articulated his bold new initiative to improve
academic opportunities for all children and to ``leave no child
behind.'' Faced with undeniable facts that the nation's
government-owned education monopoly has betrayed too many of
America's children, Bush promised that things would be
different if he won the presidency.
True to his word, one of Bush's first presidential acts was
the unveiling of an impressive and ambitious education proposal
that elevated the hopes and expectations of us all. Bush
proposed to redefine the federal role in education by
predicating his reform agenda upon three key pillars--parental
empowerment, state flexibility and accountability. Initially,
conservatives and liberals alike seemed to rally behind Bush's
innovative ideas.
Bush also proposed significant consolidation of federal
programs and sizable increases in discretionary authority for
state and local officials. This combination would allow local
education leaders--the ones who actually know the names of our
children--to target scarce resources more effectively.
On March 22nd, H.R. 1, the No Child left Behind Act,
encompassing most of the President's plan, was introduced
taking a comprehensive approach to closing the achievement gap
between disadvantaged students and their peers. The bill aimed
to give states and local school districts flexibility in
spending federal education dollars by advocating a new Charter
states option (similar to Straight A's) and consolidating a
number of questionable education programs while empowering
parents by advancing a number of school choice provisions. The
bill would also hold states and localities strictly accountable
for increasing student achievement by requiring states to
implement annual reading and math tests for students in grades
three through eight.
While some Republicans had concerns about the testing
provisions encompassed in the proposal, the President's plan
was widely hailed as embracing the belief that federal
education policy should allow states and local school districts
to use federal education dollars to advance their own
priorities, not those of a distant bureaucracy. State and local
education leaders know better how to tailor their education
programs to meet the unique needs of their students than
bureaucrats in Washington who have never visited their school
or even their state. The President's plan wisely also stressed
the importance of parental involvement. Involved parents, after
all, can hold our schools accountable, ensuring that our kids
come first.
iii. reviving the status quo--leaving too many children behind
Because of our excitement over the President's belief in
education reform, we were dismayed and disappointed that the
bill recently reported by the Committee on Education and
Workforce largely rejects this philosophy and contains very few
provisions of the president's original proposal. While the
reported bill includes the testing aspects of the President's
plan and new reading, math and science programs, it does not
include the Straight A's provision, does not include massive
consolidation of education programs, nor does it include any
provisions dealing with private school choice and substantially
increases federal education funding.
Specifically torn from the bill is the President's
initiative that calls for empowering parents through school
choice. As proposed, this provision would have enabled parents
of disadvantaged students to move their children to better
schools, including private schools, if it had been determined
that their child had languished in a failing school or at least
three years.
This notable feature was the centerpiece of the original
Bush plan.
It was designed to begin the process of holding schools
accountable for performance by treating parents like real
customers and making schools competitive. Sadly, five
Republicans on the House Education and the Workforce Committee
defied the President and voted for a Democrat-sponsored
amendment to remove this crucial part of Bush's plan. This
anti-choice amendment was the very first to be considered by
the committee before other harmful amendments were adopted.
The only remaining element of the Bush plan in H.R. 1 is
the implementation of massive new federal testing mandates.
Holding schools accountable for results in exchange for
flexibility and choice was the tradeoff upon which Bush based
his education proposal. But with flexibility and choice now
effectively stripped from the bill, accountability--to the
federal government and not to parents--is all that remains.
The concept of the Bush plan was simple: the federal
government would free states and school districts from process
controls and only measure a state's ability to increase student
achievement. This model closely mirrored the successful
strategy Bush used while governor of Texas and the one Illinois
used to reverse the education crisis in Chicago public schools.
In both of these cases, process mandates were removed and
results were measured.
This balanced approach has also worked elsewhere and we,
like the President, are convinced it can work for the whole
country. But now that President Bush's school choice and
flexibility provisions have beeneliminated from the bill, the
ingenious balance Bush sought to achieve is all but impossible. In
fact, subsequent amendments in the Education Committee creating new
federal programs and inflating spending levels have been adopted in
place of the conservative reform platform upon which candidate Bush
campaigned.
IV. Supporting our President's Original Education Plan
As members of the House Education and Workforce Committee,
we are no doubt passionate about the issue of education are
committed to improving our schools. We wholeheartedly support
the President's effort to ensure that no child is left behind
and support the concepts embodied in this original plan.
Unfortunately, the reported version of H.R. 1 does very
little to improve the current education system and merely
maintains the status quo which shows that despite the increase
in federal education spending over the last several decades,
students are clearly not learning at their greatest potential.
As such, as much as it pained us to do so, we had no choice but
to oppose H.R. 1. The fact is the bill contains very little
education reform, as illustrated by the nearly unanimous
Democratic support for the reported bill.
On May 4th, the Wall Street Journal ran a story entitled,
``Teddy Takes George to School: Bush's education plan is
Potemkin reform,'' stating ``Mr. [Checker] Finn is the
conservative who helped Candidate Bush write his education
plan. But after inspecting the Senate-House fine print, he now
says, `I'm fairly depressed. It's Potemkin reform, a facade
underwritten by billions in new spending. Jeanne Allen of the
Center for Education Reform, another Bush ally, calls the
emerging product at best a `15% to 20% improvement.' And given
all the new spending . . . they ought to be getting a lot more
reform than that.''
On that same day, the New York Times ran the story ``On the
Way to Passage, Bush's Education Plan Gets a Makeover,''
stating that, ``Bill Bennett, an education secretary in the
first Bush Administration, urged the new president today to
stand strong. The proposals he sent up to the Hill are good
proposals . . . But right now they are in the process of being
eviscerated. I would plead with the president to fight for
these proposals . . . I know he wants to get a bill signed. But
it's critical to get a good bill signed.''
These two articles speak more clearly than we can as to
what has happened to H.R. 1 in the House Education and
Workforce Committee.
Presently, what Republicans are preparing for their
President is a humiliating defeat on the most important issue
facing the nation. The inability of Congress to give America's
schools the opportunity to transform themselves and the
reluctance of White House lobbyists to fight harder for the
President's agenda conveys the wrong message to the country.
Republicans cannot afford to abandon their passion for
children and free-market education so easily to the teacher
unions and the education bureaucracy. Unless Congressional
Republicans can be persuaded to redeem their virtues, put
students first and salvage the President's agenda, Bush
eventually may be forced to consider vetoing H.R. 1 and demand
a bill Republicans can wholeheartedly support.
The current legislation making its way through Congress is
no longer the President's education bill. It has been radically
amended into something else, something more likely to be
produced by the last Administration. For President Bush to sign
it into law would be a perilous mistake--one that would leave
too many children behind.
V. Conclusion
We believe that now is the time to implement creative,
innovative ideas for improving education.
Rather than relying solely on increased federal funding and
efforts to maintain the status quo, we must return control,
decision-making authority and money back to the local level--
back to the teachers, parents and school boards to whom we
entrust our children.
Congress can best do this by passing legislation
consolidating the numerous existing education programs,
empowering parents through school choice and giving states and
localities increased flexibility through the Straight A's
proposal.
While it is unfortunate that H.R. 1 as currently drafted
does not embody these principals, we will continue to fight for
these initiatives on the floor and in conference as we know
that this is the only way that no child is left behind.
Tom Tancredo.
Bob Schaffer.
Pete Hoekstra.