[House Report 107-69]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-69

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



 
PROVIDING FOR THE CONSIDERATION OF H.R. 1, THE NO CHILD LEFT BEHIND ACT 
                                OF 2001

                                _______
                                

May 16, 2001.--Referred to the House Calendar and ordered to be printed

                                _______
                                

Ms. Pryce of Ohio, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 143]

    The Committee on Rules, having had under consideration 
House Resolution 143, by a record vote of 9 to 2, report the 
same to the House with recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 1, 
the No child Left Behind Act of 2001, under a structured rule. 
The rule provides two hours of general debate divided equally 
between the chairman and ranking minority member of the 
Committee on Education and the Workforce.
    The rule waives all points of order against consideration 
of the bill. The rule makes in order the Committee on Education 
and the Workforce's amendment in the nature of a substitute now 
printed in the bill as an original bill for the purpose of 
amendment, which shall be considered as read.
    The rule further makes in order only those amendments 
printed in this report. The amendments made in order may be 
offered only in the order printed in the report, may be offered 
only by a Member designated in this report, shall be considered 
as read, shall be debatable for the time specified in the 
report equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments are waived. Finally, the rule provides one 
motion to recommit with or without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 10

    Date: May 16, 2001.
    Measure: H.R. 1.
    Motion by: Mr. Frost.
    Summary of motion: To make in order an amendment by 
Representative Owens that would provide more then $20 billion 
for school renovation, repair and construction.
    Results: Defeated 2 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; Dreier--Nay.

Rules Committee record vote No. 11

    Date: May 16, 2001.
    Measure: H.R. 1.
    Motion by: Mr. Frost.
    Summary of motion: To make in order an amendment by 
Representative Etheridge that would authorize an additional 
$500 million per year for FY2002-2006 for low-performing 
schools to raise student achievement. Funds may be used for 
class size reduction, extended learning time, teacher training, 
statewide turnaround teams, staff recruitment and retention, 
teacher mentoring, student loan forgiveness, and teacher/
parenting/community partnerships. The amendment also calls for 
measuring and evaluating progress and providing assistance to 
achieve a standard of continual student improvement.
    Results: Defeated 2 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; Dreier--Nay.

Rules Committee record vote No. 12

    Date: May 16, 2001.
    Measure: H.R. 1.
    Motion by: Mr. Goss.
    Summary of motion: To report the resolution.
    Results: Adopted 9 to 2.
    Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings--Yea; Myrick--Yea; Sessions--Yea; 
Reynolds--Yea; Frost--Nay; Slaughter--Nay; Dreier--Yea.

                        Amendments Made in Order

    1. Boehner--Manager's Amendment. Makes various technical 
and conforming changes, including several clarifications. (10 
minutes)
    2. Capps--Allows funding under Title IV to be used for CPR 
training in schools. (10 minutes)
    3. Dunn/Frost--Allows local educational agencies to spend 
more of their federal funds to hire School Resource Officers. 
(10 minutes)
    4. Graves--Expresses the Sense of Congress that the 
Department of Education, states, and local educational agencies 
work together to ensure that at least 95 percent of all funds 
appropriated for elementary and secondary education programs 
administered by the Department of Education is spent directly 
to improve the academic achievement of children in classrooms. 
(10 minutes)
    5. Hill--Expands Section 401 to include the creation of 
smaller learning communities among the possible uses of local 
innovative education program funds. (10 minutes)
    6. Hoekstra/Frank--Strikes language requiring annual state 
assessments in reading and math for grades 3-8 and retains 
current law for state assessments, requiring that states 
measure students in all subjects that the state has developed 
standards. (30 minutes)
    7. Dooley--Requires states and school districts to provide 
a comparison of student subgroups with the state's annual goals 
and to provide a description of the state's accountability 
system, including a description of the criteria used by the 
state to evaluate school performance and to determine whether a 
school enters school improvement, corrective action or 
reconstitution. (10 minutes)
    8. Vitter/Sessions--Requires those secondary education 
institutions that accept federal funds to allow military 
recruiters to visit the school. (10 minutes)
    9. Tiberi/Castle--Allows 100 school districts in 50 states 
to enter into performance agreements with the Secretary. Under 
these agreements, school districts would be able to consolidate 
programs and be relieved of the requirements of those programs. 
(30 minutes)
    10. Hoekstra--Increases the 50 percent transferability cap 
for local educational agencies to 75 percent upon approval from 
the state. (20 minutes)
    11. Meek--Amends the Osborne Mentoring Program so that both 
adults and qualified, trained and motivated high school 
students can be mentors. (10 minutes)
    12. Rogers (MI)--Authorizes the Secretary of Education to 
work with state administrators to promote and advocate the use 
and establishment of state-sponsored college savings plans 
during a student's elementary years. (10 minutes)
    13. Norwood/Barr/Graves--Authorizes school personnel to 
discipline a student with a disability who has a weapon; 
knowingly possesses or uses illegal drugs or sells or solicits 
the sale of a controlled substance; or commits aggravated 
assault or battery at a school in the same manner as they would 
discipline a non-disabled student who has committed the same 
offense, including suspension or expulsion. A disabled child 
who is disciplined under this amendment would be able to assert 
a defense that the possession of a weapon, or possession or use 
of illegal drugs, or sale or solicitation of a controlled 
substance, was unintentional or innocent. (20 minutes)
    14. Graham/Tiahrt--``Parental Freedom of Information'' 
amendment which guarantees parents the right to access the 
curriculum to which their children are exposed. Requires 
informed written consent prior to any student being required to 
undergo non-emergency medical, psychological or psychiatric 
examination, testing or treatment while at school. Further 
clarifies that no student should be required to take any 
survey, analysis or evaluation that reveals personal 
information or seeks responses on material inappropriate for 
children. (20 minutes)
    15. Armey/Boehner/DeLay--Authorizes private school choice 
for students who have attended low performing schools for 3 
years; private school choice as a local use of funds under the 
Innovative education grants under subpart 1 of part A of Title 
IV; and private school choice for students attending unsafe 
schools or for students who have been victims of crime. (40 
minutes)
    16. Armey/DeLay/Watts/Lipinski--Authorizes up to 5 school 
choice research demonstration projects involving public and 
private schools to demonstrate the effectiveness of school 
choice in improving the academic achievement of disadvantaged 
students. (20 minutes)
    17. Akin--Adds that the testing required in Section 
1111(b)(4) be a test of objective knowledge, based on 
measurable, verifiable and widely accepted professional testing 
and assessment standards, and shall not assess the personal 
opinions, attitudes, or beliefs of the student being tested. 
(10 minutes)
    18. Stearns--Requires that state educational agencies make 
known, in the form of a report to the Department of Education, 
those schools that are in the process of school improvement and 
indicate the specific category of status: school improvement, 
corrective action or reconstruction (10 minutes)
    19. Traficant--Expresses the Sense of the Congress that all 
construction related activities resulting from funding 
authorized under the Act shall use American-made steel and that 
all purchasing shall comply with the requirements of the Buy 
America Act. (10 minutes)
    20. Brady (TX)--Ensures teachers have the power to maintain 
order and discipline in the classroom and discourages 
frivolous, harassing lawsuits against educators and school 
districts that take reasonable actions to maintain order and 
discipline. (20 minutes)
    21. Mink--Requires mentoring for teachers with 3 years or 
less experience in low-performing schools. (10 minutes)
    22. Wamp/Etheridge--Increases the authorization for 
character education from $25 million to $50 million for fiscal 
year 2002 and such sums as may be necessary for each of fiscal 
years 2003 through 2006. (10 minutes)
    23. DeMint--Allows 7 state educational agencies (SEAs) and 
25 local educational agencies (LEAs) to participate in the 
Straight A's program; allows states to use their Title I 
accountability system to demonstrate achievement gains; 
provides that Title I targeting requirements remain in effect 
within state and school districts; limits uses of funds to uses 
authorized by programs consolidated as part of the performance 
agreement; requires the states and school districts to exceed 
adequate yearly progress by a statistically significant amount; 
provides that states and school districts are subject to 
administrative sanctions for failure to perform. (30 minutes)
    24. Hilleary--Prohibits the use of federal funds by any 
state or local education agency or school that discriminates 
against the Boy Scouts of America in providing equal access to 
school premises or facilities. (10 minutes)
    25. Velazquez--Amends Title V to make it easier for 
entities in disadvantaged communities to successfully apply for 
21st century community learning grants in states that exercise 
the option to require a match by allowing them to meet the 
matching requirement with in-kind contributions. (10 minutes)
    26. Kirk--Expresses the Sense of Congress that Sections 
8002 (Federal Property) and 8003 (Federally Connected Children) 
of the Impact Aid Program should be fully funded. (10 minutes)
    27. Hoeffel--Clarifies that localities can spend Title V, 
Part B funding to provide leave time to teachers so they can 
attend technology training classes. (10 minutes)
    28. Cox--Provides that the total of all funding increases 
in the bill in the first year will not exceed an 11.5% increase 
over fiscal year 2001. Authorizes further increases in 
aggregate funding of 14% (representing 3.5% annually) for all 
subsequent years. (20 minutes)

                    text of amendments made in order

 1. An Amendment To Be Offered by Representative Boehner of Ohio, or a 
                   Designee, Debatable for 10 Minutes

  In section 1003(b) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 103 of the 
bill, strike ``1116(c)'' and insert ``1116(b)''.
  In section 1003(e) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 103 of the 
bill, strike ``amount of State funds'' and all that follows 
through ``the preceding fiscal year'' and inserting the 
following: ``amount of funds each local educational agency 
receives under subpart 2 below the amount received by such 
agency under such subpart in the preceding fiscal year''.
  In section 1111 of the Elementary and Secondary Education Act 
of 1965, as proposed to be amended by section 104 of the bill, 
add at the end the following:
  ``(j) Special Rule with Respect to Bureau Funded Schools.--In 
determining the assessments to be used by each Bureau funded 
school receiving funds under this part, the following shall 
apply:
          ``(1) Each Bureau funded school which obtains 
        accreditation by the State in which it is operating 
        shall utilize the assessments the State has developed 
        and implemented to meet the requirements of this 
        section, or such other appropriate assessment as 
        approved by the Secretary of the Interior.
          ``(2) Each Bureau funded school which obtains 
        accreditation by a regional accreditation organization 
        shall adopt an appropriate assessment, in consultation 
        and with the approval of the Secretary of Interior and 
        consistent with assessments adopted by other schools in 
        the same State or region, that meets the requirements 
        of this section.
          ``(3) Each Bureau funded school which obtains 
        accreditation by a tribal accrediting agency or tribal 
        division of education shall use an assessment developed 
        by such agency or division, except that the Secretary 
        of Interior shall ensure that such assessment meets the 
        requirements of this section.
  In section 1111(h)(1)(D)(i) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 104 
of the bill, strike ``subsection (b)(4)(F)'' and insert 
``subsection (b)(4)''.
  In section 1116 of the Elementary and Secondary Education Act 
of 1965, as proposed to be amended by section 106 of the bill, 
add at the end the following:
  ``(f) Treatment of Bureau Funded Schools.--For the purposes 
of applying the requirements of subsection (b) to schools 
funded by the Bureau of Indian Affairs, the Secretary of 
Interior shall implement such subsection in a manner that 
treats the appropriate tribe or tribal organization as a local 
educational agency for the purpose of implementing school 
improvement, corrective action and restructuring actions. If 
such tribe or tribal organization does not take the appropriate 
action required under subsection (b), the Secretary shall take 
such appropriate action as required under subsection (b) after 
final notice to such tribe or tribal organization.''
  In section 1116(b) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 106 of the 
bill--
          (1) in paragraph (7)(D), strike ``to participate in 
        developing any plan under subparagraph (A)(iii)'' and 
        insert ``, to the extent practicable, to participate in 
        developing any plan under subparagraph (A)(ii)(III)'';
          (2) in the matter preceding subparagraph (A) of 
        paragraph (8)--
                  (A) insert ``(1)(E) for schools described in 
                paragraphs (1)(A)(i),'' after ``paragraph''; 
                and
                  (B) insert a comma after ``(6)(D)(i)''; and 
                (3) in paragraph (9)--
                  (A) insert ``(1)(E),'' after ``paragraph''; 
                and
                  (B) insert a comma after ``(6)(D)(i)''.
  In section 1116(d)(11) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 106 
of the bill--
          (1) strike ``paragraph shall'' and insert 
        ``subsection shall''; and
          (2) strike ``under this paragraph''.
  In section 1118 of the Elementary and Secondary Education Act 
of 1965, as proposed to be amended by section 108 of the bill--
          (1) in paragraph (12), insert ``and'' after the 
        semicolon;
          (2) in paragraph (13), strike ``; and'' and insert a 
        period; and
          (3) strike paragraph (14).
  In section 1221(2)(A) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 111 
of the bill, strike ``alphabet;'' and insert ``alphabet and 
letter sounds;''.
  In section 1221(5) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 111 of the 
bill, strike ``care agencies,'' and insert ``care agencies and 
programs,''.
  In section 1222 of the Elementary and Secondary Education Act 
of 1965, as proposed to be amended by section 111 of the bill--
          (1) in subsection (b)--
                  (A) in paragraph (2) insert ``or agencies'' 
                after ``organizations'' each place such term 
                appears and insert ``or program'' after ``child 
                care agency''; and
                  (B) in paragraph (3), insert ``or agencies'' 
                after ``organizations''; and
          (2) in subsection (e)--
                  (A) in paragraph (1)(B)(i), strike 
                ``alphabet;'' and insert ``alphabet and letter 
                sounds;''; and
                  (B) in paragraph (2)(B), strike ``care 
                agencies,'' and insert ``care agencies or 
                programs,''.
  In subpart 2 of part B of title I of the Elementary and 
Secondary Education Act of 1965, as proposed to be amended by 
section 111 of the bill, amend section 1224 to read as follows:

``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, including information on--
          ``(1) the research-based instruction, materials, and 
        activities being used in the programs funded under the 
        grant;
          ``(2) the types of programs funded under the grant 
        and the ages of children served by such programs;
          ``(3) the qualifications of the program staff who 
        provide early literacy instruction under such programs 
        and the type of ongoing professional development 
        provided to such staff; and
          ``(4) the curricula, materials, and activities used 
        by the programs funded under the grant to support 
        children's reading development.
  In section 1711(c) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 171 of the 
bill--
          (1) insert ``subpart 1 of'' before ``part A of title 
        V''; and
          (2) strike ``5212(2)(A)'' and insert 
        ``5212(a)(2)(A)''.
  In section 2012(e) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 201 of the 
bill, strike paragraph (12) and insert the following:
          ``(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) and pay differentiation.
  In section 2031(a) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 201 of the 
bill, amend paragraph (7) to read as follows:
          ``(7) Teacher advancement initiatives that promote 
        professional growth and emphasize multiple career paths 
        (such as career teacher, mentor teacher, and master 
        teacher) and pay differentiation.
  In title III of the bill, add at the end the following:

SEC. 315. ACCOUNTABILITY FOR BUREAU FUNDED SCHOOLS

  Notwithstanding the provisions of section 7102 of the 
Elementary and Secondary Education Act of 1965, the Secretary 
shall limit any reduction of administrative funding for the 
Bureau of Indian Affairs under such section to no more than 50 
percent of the amount that may be reserved for administration 
under such Act.
  In section 4131(b) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 401 of the 
bill--
          (1) in paragraph (14), strike ``and'' at the end;
          (2) in paragraph (15), strike the period at the end 
        and insert a semicolon; and
          (3) add at the end the following:
          ``(16) programs to establish or enhance 
        prekindergarten programs for children ages 3 through 5; 
        and
          ``(17) academic intervention programs that are 
        operated jointly with community-based organizations and 
        that support academic enrichment and counseling 
        programs conducted during the school day (including 
        during extended school day or extended school year 
        programs) for students most-at-risk of not meeting 
        challenging State academic standards or not completing 
        secondary school.
  In section 4201(b)(2) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 411 
of the bill, insert ``academic'' before ``achievement''.
  In section 5122(a)(3) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 501 
of the bill, insert ``students who attend'' after ``target''.
  In section 5124 of the Elementary and Secondary Education Act 
of 1965, as proposed to be amended by section 501 of the bill--
          (1) in subsection (a), strike paragraph (3);
          (2) in subsection (c)(1), insert ``(including summer 
        school programs)'' after ``school activities''; and
          (3) in subsection (d), insert ``, during the 
        summer,'' after ``after school''.
  In section 5151(4)(B) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 501 
of the bill, insert ``and harassment'' after ``weapons''.
  In section 5202(5) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 501 of the 
bill, insert ``to training'' after ``constant access''.
  In section 5213(b)(4)(A) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 501 
of the bill, strike ``that'' before ``ongoing'' and insert a 
comma before ``so that''.
  In section 5214(b) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 501 of the 
bill--
          (1) in paragraph (5), insert ``(including software 
        and other electronically delivered learning 
        materials)'' after ``will integrate technology''; and
          (2) in paragraph (10)(B)--
                  (A) strike ``an assurance that'' and insert 
                ``a description of how''; and
                  (B) strike ``have compatibility and 
                interconnectivity with technology obtained'' 
                and insert ``be integrated''.
  In section 5215(a)(2) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 501 
of the bill, insert a comma after ``reduced-cost loans''.
  In section 5232 of the Elementary and Secondary Education Act 
of 1965, as proposed to be amended by section 501 of the bill, 
strike ``TELECOMMUNICATIONS PROGRAM'' in the section heading 
and insert ``READY TO TEACH''.
  In title VI of the bill, insert after section 602 the 
following:

SEC. 603. ELIGIBILITY UNDER SECTION 8003 FOR CERTAIN HEAVILY IMPACTED 
                    LOCAL EDUCATIONAL AGENCIES.

  (a) Eligibility.--Section 8003(b)(2)(C) (20 U.S.C. 
7703(b)(2)(C)) is amended--
          (1) in clauses (i) and (ii) by inserting after 
        ``Federal military installation'' each place it appears 
        the following: ``(or if the agency is a qualified local 
        educational agency as described in clause (iv))''; and
          (2) by adding at the end the following:
                          ``(iv) Qualified local educational 
                        agency.--A qualified local educational 
                        agency described in this clause is an 
                        agency that meets the following 
                        requirements:
                                  ``(I) The boundaries of the 
                                agency are the same as island 
                                property designated by the 
                                Secretary of the Interior to be 
                                property that is held in trust 
                                by the Federal Government.
                                  ``(II) The agency has no 
                                taxing authority.
                                  ``(III) The agency received a 
                                payment under paragraph (1) for 
                                fiscal year 2001.''.
  (b) Effective Date.--The Secretary shall consider an 
application for a payment under section 8003(b)(2) for fiscal 
year 2002 from a qualified local educational agency described 
in section 8003(b)(2)(C)(iv), as added by subsection (a), as 
meeting the requirements of section 8003(b)(2)(C)(iii), and 
shall provide a payment under section 8003(b)(2) for fiscal 
year 2002, if the agency submits to the Secretary an 
application for payment under such section not later than 60 
days after the date of the enactment of this Act.
  In section 7203(b)(2)(C) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by such 
section 701 of the bill, strike ``Part A of title V or section 
5212(2)(A)'' and insert ``Subpart 1 of part A of title V or 
section 5212(a)(2)(A)''.
  In section 8305(a) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 801 of the 
bill, strike ``Governor and'' and add at the end the following: 
``The State educational agency shall make any consolidated 
local plans and applications available to the Governor.''.
  In section 8305(c) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 801 of the 
bill, strike ``A Governor and State educational agency'' and 
insert ``A State educational agency, in consultation with the 
Governor,''.
  In part E of title VIII of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 801 
of the bill--
          (1) in section 8516, insert ``ON DEPARTMENT AUDITS'' 
        after ``REPORT'' in the section heading; and
          (2) after section 8516, insert the following (and 
        redesignate succeeding provisions, and cross-references 
        thereto, accordingly):

``SEC. 8517. STUDY OF TESTING.

  ``(a) In General.--The Secretary shall provide for a study of 
the effects of testing on students in elementary and secondary 
schools. Such study may include--
          ``(1) overall improvement or decline in what students 
        are learning based on independent measures;
          ``(2) changes in course offerings, teaching 
        practices, course content, and instructional material;
          ``(3) changes in rates of teacher and administrator 
        turnover;
          ``(4) changes in dropout, grade retention and 
        graduation rates for students;
          ``(5) costs of preparing for, conducting and grading 
        the assessments in terms of dollars expended by the 
        school district and time expended by students and 
        teachers; and
          ``(6) such other effects as the Secretary may deem 
        appropriate.
  ``(b) Report.--Not later than 2 years after the date of 
enactment of the No Child Left Behind Act of 2001, the 
Secretary shall transmit 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 
the study conducted under subsection (a).
  ``(c) Subsequent Congressional Consideration.--After receipt 
of the report described in subsection (b), Congress may 
consider whether it is appropriate to enact legislation to 
mitigate any negative effects on students in elementary or 
secondary schools caused by testing.
                              ----------                              


2. An Amendment To Be Offered by Representative Capps of California, or 
                  a Designee, Debatable for 10 Minutes

  In subsection (b) of section 4131 of the Elementary and 
Secondary Education Act of 1965, as proposed to be amended by 
section 401 of the bill--
          (1) strike ``and'' at the end of paragraph (14);
          (2) strike the period at the end of paragraph (15) 
        and insert ``; and''; and
          (3) add at the end the following:
          ``(16) programs for cardiopulmonary resuscitation 
        (CPR) training in schools.
                              ----------                              


3. An Amendment To Be Offered by Representative Dunn of Washington, or 
 Representative Frost of Texas, or a Designee, Debatable for 10 Minutes

  In section 5115(b)(2) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 501 
of the bill, strike subparagraph (D) and insert the following:
                          ``(D) to the extent that expenditures 
                        do not exceed 20 percent of the amount 
                        made available to a local educational 
                        agency under this subpart (except that 
                        this subparagraph shall not apply to 
                        the hiring and training of school 
                        resource officers pursuant to clause 
                        (ii)), law enforcement and security 
                        activities, including--
                                  ``(i) acquisition and 
                                installation of metal 
                                detectors;
                                  ``(ii) hiring and training of 
                                security personnel (including 
                                school resource officers), 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;
                              ----------                              


4. An Amendment To Be Offered by Representative Graves of Missouri, or 
                  a Designee, Debatable for 10 Minutes

    In part F of title VIII of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 801 
of the bill, add at the end the following:

``SEC. 8605. EFFECTIVE USE OF FEDERAL ELEMENTARY AND SECONDARY 
                    EDUCATION FUNDS.

    ``It is the sense of the Congress that the Secretary, State 
educational agencies, and local educational agencies should 
work together to ensure that not less than 95 percent of all 
funds appropriated to carry out elementary and secondary 
education programs under this Act is spent directly to improve 
the academic achievement of the Nation's children in their 
classrooms.
                              ----------                              


 5. An Amendment To Be Offered by Representative Hill of Indiana, or a 
                   Designee, Debatable for 10 Minutes

  In section 401 of the bill, at the end of section 4131(b) of 
the Elementary and Secondary Education Act of 1965 (as proposed 
to be amended by such section 401) add the following:
          ``(16) programs to establish smaller learning 
        communities.
                              ----------                              


 6. An Amendment To Be Offered by Representative Hoekstra of Michigan, 
or Representative Frank of Massachusetts, or a Designee, Debatable for 
                               30 Minutes

  In section 1111(b)(4) of the Elementary and Secondary 
Education Act of 1965 as amended by section 104 of the bill--
          (1) strike subparagraph (E) and insert the following:
                  ``(E) measure the proficiency of students in 
                the academic subjects in which a State has 
                adopted challenging academic 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;''; and
          (2) strike subparagraph (G).
                              ----------                              


 7. An Amendment To Be Offered by Representative Dooley of California, 
                or a Designee, Debatable for 10 Minutes

  In section 1111(h)(1)(D) of the Elementary and Secondary 
Education Act of 1965, as amended by section 104 of the bill, 
after clause (i), insert the following (and redesignate 
subsequent provisions accordingly):
                          ``(ii) information that provides a 
                        comparison between the actual 
                        achievement levels of each group of 
                        students described in subclauses (I) 
                        and (II) of subsection (b)(2)(C) to the 
                        State's annual numerical objectives for 
                        each such group of students on each of 
                        the assessments required under this 
                        part;
  In section 1111(h)(1)(D) of the Elementary and Secondary Act 
of 1965, as amended by section 104 of the bill--
          (1) after clause (v), strike ``and'';
          (2) at the end of clause (vi), strike the period and 
        insert ``; and''; and
          (3) add at the end the following:
                          ``(viii) a clear and concise 
                        description of the State's 
                        accountability system, including: a 
                        description of the criteria by which 
                        the State evaluates school performance, 
                        and the criteria that the State has 
                        established, consistent with (b)(2)(B), 
                        to determine the status of schools 
                        regarding school improvement, 
                        corrective action, and 
                        reconstitution.''.
                              ----------                              


8. An Amendment To Be Offered by Representative Vitter of Louisiana, or 
   Representative Sessions of Texas, or a Designee, Debatable for 10 
                                Minutes

  In part E of title VIII of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 801 
of the bill, after section 8519, insert the following (and 
redesignate succeeding paragraphs, and any cross-references 
thereto, accordingly):

``SEC. 8520. ARMED SERVICES RECRUITING.

  ``Any secondary school that receives Federal funds under this 
Act shall permit regular United States Armed Services 
recruitment activities on school grounds, in a manner 
reasonably accessible to all students of such school.
                              ----------                              


  9. An Amendment To Be Offered by Representative Tiberi of Ohio, or 
  Representative Castle of Delaware, or a Designee, Debatable for 30 
                                Minutes

  At the end of the provision proposed to be added by section 
701 of the bill, add the following:

               ``PART C--LOCAL FLEXIBILITY DEMONSTRATION

``SEC. 7301. SHORT TITLE.

  This part may be cited as the ``Local Flexibility 
Demonstration Act''.

``SEC. 7302. PURPOSE.

  ``The purpose of this part is to create options for local 
educational agencies--
          ``(1) to improve the academic achievement of all 
        students, and to focus the resources of the Federal 
        Government upon such achievement;
          ``(2) to improve teacher quality and subject matter 
        mastery, especially in mathematics, reading, and 
        science;
          ``(3) to empower parents and schools to effectively 
        address the needs of their children and students;
          ``(4) to give local educational agencies maximum 
        freedom in determining how to boost academic 
        achievement and implement education reforms;
          ``(5) to eliminate Federal barriers to implementing 
        effective local education programs;
          ``(6) to hold local educational agencies accountable 
        for boosting the academic achievement of all students, 
        especially disadvantaged children; and
          ``(7) to narrow achievement gaps between the lowest 
        and highest performing groups of students so that no 
        child is left behind.

``SEC. 7303. AGREEMENTS TO PROVIDE LOCAL FLEXIBILITY.

  ``(a) Authority.--Except as otherwise provided in this part, 
the Secretary shall enter into performance agreements--
          ``(1) with local educational agencies that meet their 
        State's definition of adequate yearly progress, that 
        submit approvable performance agreement proposals, and 
        that are selected under paragraph (2); and
          ``(2) under which the agencies may consolidate and 
        use funds as described in section 7304.
  ``(b) Selection of Local Educational Agencies.--
          ``(1) In general.--Subject to paragraph (2), the 
        Secretary shall enter into performance agreements under 
        this part with not more than 100 local educational 
        agencies. Each such local educational agency shall be 
        selected from among those local educational agencies 
        that--
                  ``(A) submit a proposed performance agreement 
                to the Secretary and demonstrate, to the 
                satisfaction of the Secretary, that the 
                agreement--
                          ``(i) has substantial promise of 
                        meeting the requirements of this part; 
                        and
                          ``(ii) describes a plan to combine 
                        and use funds (as authorized under 
                        section 7304) under the agreement to 
                        meet the State's definition of adequate 
                        yearly progress);
                  ``(B) provide information in the proposed 
                performance agreement regarding how the local 
                educational agency has notified the State of 
                the local educational agency's intent to submit 
                a proposed performance agreement; and
                  ``(C) have consulted and involved parents and 
                educators in the development of the proposed 
                performance agreement.
          ``(2) Geographic distribution.--
                  ``(A) In general.--
                          ``(i) Initial agreements.--During the 
                        period of time that expires 3 years 
                        after the date of enactment of the No 
                        Child Left Behind Act of 2001, the 
                        Secretary may enter into not more than 
                        2 performance agreements under this 
                        part with local educational agencies in 
                        each State.
                          ``(ii) Subsequent agreements.--After 
                        the expiration of the 3-year period 
                        beginning on the date of enactment of 
                        the No Child Left Behind Act of 2001, 
                        the Secretary may enter into 
                        performance agreements under this part 
                        with any number of local educational 
                        agencies in each State until the total 
                        number of such agreements equals 100.
                  ``(B) Urban and rural areas.--If more than 2 
                local educational agencies in a State submit 
                approvable performance agreements under this 
                part, the Secretary shall select local 
                educational agencies for performance agreements 
                under this part in a manner that ensures an 
                equitable distribution among such agencies 
                serving urban and rural areas.
  ``(c) Required Terms of Performance Agreement.--Each 
performance agreement entered into with the Secretary under 
this part shall have each of the following terms:
          ``(1) Term.--The performance agreement shall be for a 
        term of 5 years.
          ``(2) Application of program requirements.--The 
        performance agreement shall provide that no 
        requirements of any program described in section 
        7304(b) and included by the local educational agency in 
        the scope of the agreement shall apply to the agency, 
        except as otherwise provided in this part.
          ``(3) List of programs.--The performance agreement 
        shall list which of the programs described in section 
        7304(b) are included in the scope of the performance 
        agreement.
          ``(4) Use of funds to improve student achievement.-- 
        The performance agreement shall contain a 5-year plan 
        describing how the local educational agency intends to 
        combine and use the funds from programs included in the 
        scope of the performance agreement to advance the 
        education priorities of the State and the local 
        educational agency, meet the general purposes of the 
        included programs, improve student achievement, and 
        narrow achievement gaps.
          ``(5) Local input.--The performance agreement shall 
        contain an assurance that the local educational agency 
        will provide parents, teachers, and schools with notice 
        and an opportunity to comment on the proposed terms of 
        the performance agreement in accordance with State law.
          ``(6) Fiscal responsibilities.--The performance 
        agreement shall contain an assurance that the local 
        educational agency will use fiscal control and fund 
        accounting procedures that will ensure proper 
        disbursement of, and accounting for, Federal funds 
        consolidated and used under the performance agreement.
          ``(7) Civil rights.--The performance agreement shall 
        contain an assurance that the local educational agency 
        will meet the requirements of applicable Federal civil 
        rights laws in carrying out the agreement and in 
        consolidating and using the funds under the agreement.
          ``(8) Private school participation.--The performance 
        agreement shall contain an assurance that the local 
        educational agency agrees that in consolidating and 
        using funds under the performance agreement--
                  ``(A) the local educational agency will 
                provide for the equitable participation of 
                students and professional staff in private 
                schools; and
                  ``(B) that sections 8504, 8505, and 8506 
                shall apply to all services and assistance 
                provided with such funds in the same manner as 
                such sections apply to services and assistance 
                provided in accordance with section 8503.
          ``(9) Annual reports.--The performance agreement 
        shall contain an assurance that the local educational 
        agency agrees that not later than 1 year after the date 
        on which the Secretary enters into the performance 
        agreement, and annually thereafter during the term of 
        the performance agreement, the local educational agency 
        shall disseminate widely to parents and the general 
        public, transmit to its State educational agency and 
        the Secretary, distribute to print and broadcast media, 
        and post on the Internet, a report that includes a 
        detailed description of how the local educational 
        agency used the funds consolidated under the agreement 
        to improve student academic achievement and reduce 
        achievement gaps.
  ``(c) Approval.--Not later than 60 days after the receipt of 
a proposed performance agreement submitted by a local 
educational agency under this part, the Secretary shall approve 
the performance agreement or provide the local educational 
agency with a written determination that such agreement fails 
to satisfy the requirements of this part.
  ``(d) Amendment to Performance Agreement.--
          ``(1) In general.--In each of the following 
        circumstances, the Secretary shall agree to amend a 
        performance agreement entered into with a local 
        educational agency under this part:
                  ``(A) Reduction in scope of performance 
                agreement.--Not later than 1 year after 
                entering into the performance agreement, a 
                State seeks to amend the agreement to remove 
                from the scope any program described in section 
                7304(b).
                  ``(B) Expansion of scope of performance 
                agreement.--Not later than 1 year after 
                entering into the performance agreement, a 
                State seeks to amend the agreement to include 
                in its scope any additional program described 
                in section 7304(b) or any additional 
                achievement indicators for which the State will 
                be held accountable.
          ``(2) Approval of amendment.--
                  ``(1) In general.--Not later than 60 days 
                after the receipt of a proposed amendment to 
                the performance agreement submitted by a local 
                educational agency, the Secretary shall approve 
                the amendment or provide the agency with a 
                written determination that the amendment fails 
                to satisfy the requirements of this part.
                  ``(B) Treatment as approved.--Each amendment 
                for which the Secretary fails to take the 
                action required in subparagraph (A) in the time 
                period described in such subparagraph shall be 
                considered to be approved.
          ``(3) Treatment of program funds withdrawn from 
        agreement.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        performance agreement shall apply to the local 
        educational agency's use of funds made available under 
        the program.

``SEC. 7304. CONSOLIDATION AND USE OF FUNDS.

  ``(a) In General.--
          ``(1) Authority.--Under a performance agreement 
        entered into under this part, a local educational 
        agency may consolidate, subject to subsection (c), 
        Federal funds made available to the agency under the 
        provisions listed in subsection (b) and use such funds 
        for any educational purpose permitted under this Act.
          ``(2) Program requirements.--Except as otherwise 
        provided in this part, a local educational agency may 
        use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the State.
  ``(b) Eligible Programs.--Funds made available under programs 
under each of the following provisions of this Act may be 
consolidated and used under subsection (a):
          ``(1) Title II.
          ``(2) Part A of title IV.
          ``(3) Subpart 1 of part A of title V.
          ``(4) Part B of title V.

``SEC. 7305. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

  Each local educational agency that has entered into a 
performance agreement with the Secretary under this part may 
use for administrative purposes not more than 4 percent of the 
total amount of funds allocated to theagency under the programs 
included in the scope of the performance agreement.

``SEC. 7306. PERFORMANCE REVIEW AND PENALTIES.

  ``(a) Midterm Review.--The Secretary may not enter into a 
performance agreement under this part unless the agreement 
includes a provision permitting the Secretary, after notice and 
an opportunity for a hearing, to terminate the agreement if, 
during the term of the agreement, the local educational agency 
that is party to the agreement fails to make adequate yearly 
progress for 3 consecutive years.
  ``(b) Final Review.--If, at the end of the 5-year term of a 
performance agreement entered into under this part, a local 
educational agency that is party to the agreement has not met 
the achievement goals contained in the performance agreement, 
the Secretary may not renew the agreement under section 7307 
and, beginning on the date on which such term ends, the local 
educational agency shall be required to comply with each of the 
program requirements in effect on such date for each program 
included in the performance agreement.

``SEC. 7307. RENEWAL OF PERFORMANCE AGREEMENT.

  ``(a) In General.--Except as provided in section 7306(b) and 
in accordance with this section, the Secretary shall renew for 
1 additional 5-year term a performance agreement entered into 
under this part if the State that is party to the agreement has 
met or has substantially met, by the end of the original term 
of the agreement, the achievement goals contained in the 
agreement.
  ``(b) Notification.--The Secretary may not renew a 
performance agreement under this part unless, not less than 6 
months before the end of the original term of the agreement, 
the local educational agency seeking the renewal notifies the 
Secretary of its intention to renew.
  ``(c) Effective Date.--A renewal under this section shall be 
effective at the end of the original term of the agreement or 
on the date on which the local educational agency seeking 
renewal provides to the Secretary all data required under the 
agreement, whichever is later.

``SEC. 7308. REPORTS.

  ``(a) Transmittal to Congress.--Not later than 60 days after 
the Secretary receives a report described in section 
7303(c)(9), the Secretary shall make the report available to 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor 
and Pensions of the Senate.
  ``(b) Limitation.--A State in which a local educational 
agency that is party to a performance agreement entered into 
under this part is located may not require such local 
educational agency to provide any application information with 
respect to the programs included within the scope of such 
performance agreement other than that information that is 
required to be included in the report described in section 
7303(c)(9).

``SEC. 7309. DEFINITIONS.

  ``In this part, the following definitions apply:
          ``(1) Adequate yearly progress.--The term `adequate 
        yearly progress' means the adequate yearly progress 
        determined by the State in which a local educational 
        agency is located pursuant to section 1111(b)(2)(C).
          ``(2) All students.--The term `all students' means 
        all students attending public schools or charter 
        schools that are participating in the State's 
        accountability and assessment system.''.
                                ------                                


10. An Amendment To Be Offered by Representative Hoekstra of Michigan, 
                or a Designee, Debatable for 20 Minutes

  In section 701 of the bill, in subparagraph (A) of section 
7203(b)(1) of the Elementary and Secondary Education Act of 
1965 (as proposed to be amended by such section 701), strike 
``may transfer'' and all that follows through the end of such 
subparagraph and insert the following:
                may transfer--
                          ``(i) 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); or
                          ``(ii) not more than 75 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), if the local educational agency 
                        obtains State approval before making 
                        such transfer.
                                ------                                


11. An Amendment To Be Offered by Representative Meek of Florida, or a 
                   Designee, Debatable for 10 Minutes

    In section 501 of the bill, in section 5501(1) of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 501), strike ``adult''.
    In section 501 of the bill, in section 5502(1) of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 501), strike ``adult'' and insert 
``individual''.
    In section 501 of the bill, in section 5503(a)(1) of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 501), after ``responsible adults'' 
insert ``or students in secondary school''.
    In section 501 of the bill, in section 5503(c)(1)(C) of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 501), strike ``adult''.
                              ----------                              


12. An Amendment To Be Offered by Representative Rogers of Michigan, or 
                  a Designee, Debatable for 10 Minutes

    In the matter proposed to be inserted as part E of title 
VIII of the Elementary and Secondary Education Act of 1965 by 
section 801 of the bill, insert after section 8520 the 
following:

``SEC. 8521. ENCOURAGE EDUCATION SAVINGS.

    ``To the extent practicable, the Secretary shall promote 
education savings accounts in States that have qualified State 
tuition programs (as defined in section 529 of the Internal 
Revenue Code of 1986).
                              ----------                              


13. An Amendment To Be Offered by Representative Norwood of Georgia, or 
Representative Barr of Georgia, or a Designee, Debatable for 20 Minutes

    At the end of part A of title V of the Elementary and 
Secondary Education Act of 1965, as amended by section 501 of 
the bill, add the following:

``SEC. 5155. DISCIPLINE OF CHILDREN WITH DISABILITIES.

    ``(a) Authority of School Personnel.--Each State receiving 
funds under this Act shall require each local educational 
agency to have in effect a policy under which school personnel 
of such agency may discipline (including expel or suspend) a 
child with a disability who--
          ``(1) carries or possesses a weapon to or at a 
        school, on school premises, or to or at a school 
        function, under the jurisdiction of a State or a local 
        educational agency;
          ``(2) knowingly possesses or uses illegal drugs or 
        sells or solicits the sale of a controlled substance at 
        a school, on school premises, or at a school function, 
        under the jurisdiction of a State or a local 
        educational agency; or
          ``(3) commits an aggravated assault or battery (as 
        defined under State or local law) at a school, on 
        school premises, or at a school function, under the 
        jurisdiction of a State or local educational agency, in 
        the same manner in which such personnel may discipline 
        a child without a disability. Such personnel may modify 
        the disciplinary action on a case-by-case basis.
    ``(b) Rule of Construction.--Nothing in subsection (a) 
shall be construed to prevent a child with a disability who is 
disciplined pursuant to the authority provided under paragraph 
(1) or (2) of subsection (a) from asserting a defense that the 
carrying or possession of the weapon, or the possession or use 
of the illegal drugs (or the sale or solicitation of the 
controlled substance), as the case may be, was unintentional or 
innocent.
    ``(c) Free Appropriate Public Education.--
          ``(1) Ceasing to provide education.--Notwithstanding 
        any other provision of Federal law, a child expelled or 
        suspended under subsection (a) shall not be entitled to 
        continue educational services, including a free 
        appropriate public education, required under Federal 
        law during the term of such expulsion or suspension, if 
        the State in which the local educational agency 
        responsible for providing educational services to such 
        child does not require a child without a disability to 
        receive educational services after being expelled or 
        suspended.
          ``(2) Providing education.--Notwithstanding paragraph 
        (1), the local educational agency responsible for 
        providing educational services to a child with a 
        disability who is expelled or suspended under paragraph 
        (1) may choose to continue to provide educational 
        services or mental health services to such child. If 
        the local educational agency so chooses to continue to 
        provide the services--
                  ``(A) nothing in any other provision of 
                Federal law shall require the local educational 
                agency to provide such child with any 
                particular level of service; and
                  ``(B) the location where the local 
                educational agency provides the services shall 
                be left to the discretion of the local 
                educational agency.
    ``(d) Definitions.--In this section:
          ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given the term in section 
        5151.
          ``(2) Illegal drug.--The term `illegal drug' means a 
        controlled substance, but does not include such a 
        substance that is legally possessed or used under the 
        supervision of a licensed health-care professional or 
        that is legally possessed or used under any other 
        authority under the Controlled Substances Act or under 
        any other provision of Federal law.
          ``(3) Weapon.--The term `weapon' has the meaning 
        given the term `dangerous weapon' under subsection 
        (g)(2) of section 930 of title 18, United States Code.
                              ----------                              


   14. An Amendment To Be Offered by Representative Graham of South 
Carolina, or Representative Tiahrt of Kansas, or a Designee, Debatable 
                             for 20 Minutes

  Before part B of title IX of the bill, insert the following:

                Subpart 3--General Education Provisions

SEC. 916. INFORMATION ACCESS AND CONSENT.

  (a) In General.--Section 445 of the General Education 
Provisions Act (20 U.S.C. 1232h) is amended by--
          (1) redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
          (2) by striking subsections (a) and (b) and inserting 
        the following:
  ``(a) Access to Information.--No funds shall be made 
available under any applicable program to any educational 
agency or institution that has a policy of denying, or that 
effectively prevents, the parent of an elementary school or 
secondary school student served by such agency or at such 
institution, as the case may be--
          ``(1) the right to inspect and review any 
        instructional material used with respect to the 
        educational curriculum of the student. Each educational 
        agency or institution shall establish appropriate 
        procedures for the granting of a request by parents for 
        access to the instructional material. The granting of 
        each such request shall be made in a reasonable period 
        of time, but shall not exceed 45 days, after the date 
        of the request;
          ``(2) the right to inspect and review a survey, 
        analysis, or evaluation that is subject to subsection 
        (c)(7) before the survey, analysis, or evaluation is 
        given to a student.
  ``(b) Restriction on Seeking Information From Minors.--
          ``(1) In general.--Notwithstanding any other 
        provision of Federal law, no funds shall be made 
        available under any program administered by the 
        Secretary to any educational agency or institution that 
        administers or provides a survey, analysis, or 
        evaluation to a student without the prior, informed, 
        written consent of the parent or guardian of a student 
        concerning--
                  ``(A) political affiliations or beliefs of 
                the student or the student's parent;
                  ``(B) mental or psychological problems 
                potentially embarrassing to the student or the 
                student's family;
                  ``(C) sex behavior or attitudes;
                  ``(D) illegal, antisocial, or self-
                incriminating behavior;
                  ``(E) appraisals of other individuals with 
                whom the minor has a familial relationship;
                  ``(F) relationships that are legally 
                recognized as privileged, including those with 
                lawyers, physicians, and members of the clergy; 
                and
                  ``(G) religious practices affiliations or 
                beliefs.''.
  ``(2) Explanation.--In seeking the consent of the parent an 
educational agency or institution must provide an accurate 
explanation, in writing, of the types of items listed in 
subparagraphs (A) through (G) of paragraph (1) that are 
contained in the survey and the purpose, if known, for 
including those items.
  ``(c) Restriction on Medical Testing and Treatment of 
Minors.--
          ``(1) Consent required.--Except as provided in 
        paragraph (2), no funds shall be made available under 
        any applicable program to an educational agency or 
        institution that requires or otherwise causes the 
        student without the prior, written, informed consent of 
        the parent or a guardian of a minor to undergo medical 
        or mental health examination, testing, treatment, or 
        immunization (except in the case of a medical 
        emergency).
          ``(2) Exception.--Paragraph (1) shall not apply to 
        medical or mental health examinations, testing, 
        treatment, or immunizations of students expressly 
        permitted by State law without written parental 
        consent.
          ``(3) Definitions.--For the purpose of this section, 
        the term `educational agency or institution' means any 
        elementary, middle, or secondary school, any school 
        district or local board of education, and any State 
        educational agency that is the recipient of funds under 
        any program administered by the Secretary, except that 
        it does not apply to postsecondary institutions.
          ``(4) Instructional material.--In this subsection the 
        term `instructional material' means a textbook, audio/
        visual material, informational material accessible 
        through Internet sites, material in digital or 
        electronic formats, instructional manual, or journal, 
        or any other material supplementary to the education of 
        a student.
          ``(5) Rules of construction.--(A) Nothing in this 
        section shall be construed to supersede the Family 
        Educational Rights and Privacy Act (20 U.S.C. 1232g).
          ``(B) The term `instructional material' does not 
        include academic tests or assessments.
          ``(6) Application.--
                  ``(A) Certain surveys, analysis, and 
                evaluations.--Subsection (b) shall not apply to 
                surveys, analysis, or evaluations administered 
                to a student as part of the Individuals with 
                Disabilities Act (20 U.S.C. 1400 et seq.).
                  ``(B) Parental consent.--Nothing in 
                subsection (c) shall be construed to supersede 
                or otherwise affect the parental consent 
                requirements under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et 
                seq.).
                  ``(C) Student rights.--The rights provided 
                parents under this Act transfer to the student 
                once the student turns 18 years old or is an 
                emancipated minor at any age.
          ``(7) State law exception.--Educational agencies and 
        institutions residing in a State that has a law that 
        provides parents rights comparable to the rights 
        contained herein may seek exemption from this Act by 
        obtaining a waiver from the office designated by the 
        Secretary to administer this Act. This office may grant 
        a waiver to educational agencies and institutions upon 
        review of State law.
                              ----------                              


  15. An Amendment To Be Offered by Representative Armey of Texas, or 
Representative Boehner of Ohio, or a Designee, Debatable for 40 Minutes

  In section 104 of the bill, in paragraph (13) of section 
1112(b) of the Elementary and Secondary Education Act of 1965 
(as proposed to be amended by such section 104), strike 
``public''.
  In section 106 of the bill, in clause (ii) of section 
1116(b)(7)(A) of the Elementary and Secondary Education Act of 
1965 (as proposed to be amended by such section 106), strike 
subclause (II) and insert the following:
                                  ``(II) make funds available--
                                          ``(aa) to the 
                                        economically 
                                        disadvantaged child's 
                                        parents to place the 
                                        child in a private 
                                        school in accordance 
                                        with subsection (d)(2); 
                                        or
                                          ``(bb) make funds 
                                        available for 
                                        supplementary 
                                        educational services, 
                                        in accordance with 
                                        subsection (d)(1); and
  In section 106 of the bill, in paragraph (8) of section 
1116(b) of the Elementary and Secondary Education Act of 1965 
(as proposed to be amended by such section 106), after 
``paragraph (6)(D)(i)'' insert ``, (7)(A)(ii)(II)(aa),''.
  In section 106 of the bill, in subparagraph (A) of section 
1116(b)(8) of the Elementary and Secondary Education Act of 
1965 (as proposed to be amended by such section 106), strike 
``public''.
  In section 106 of the bill, in subsection (d) of section 1116 
of the Elementary and Secondary Education Act of 1965 (as 
proposed to be amended by such section 106)--
          (1) in paragraph (1) strike ``(1) In'' and insert the 
        following:
          ``(1) Supplemental Instructional Services.--''
                  ``(A) In
          (2) strike ``this paragraph'' each place it appears 
        and insert ``this subparagraph'';
          (3) in paragraph (2) strike ``paragraph (1)'' and 
        insert ``subparagraph (A)'';
          (3) in paragraph (3)--
                  (A) strike ``paragraph (2)'' and insert 
                ``subparagraph (B)''; and
                  (B) redesignate subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), 
                respectively (and indent accordingly);
          (4) in paragraph (5)--
                  (A) in subparagraph (B), strike ``paragraph 
                (6)'' and insert ``subparagraph (F)''; and
                  (B) redesignate subparagraphs (A) through (E) 
                as clauses (i) through (v), respectively, (and 
                indent accordingly);
          (5) in paragraph (6)--
                  (A) strike ``paragraph (5)(c)'' insert 
                ``subparagraph (E)(iii)''; and
                  (B) redesignate subparagraphs (A) through (D) 
                as clauses (i) through (iv), respectively (and 
                indent accordingly);
          (6) in paragraph (7)--
                  (A) in subparagraph (B), strike 
                ``subparagraph (A)'' and insert ``clause (i)''; 
                and
                  (B) redesignate subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), 
                respectively (and indent accordingly);
          (7) in paragraph (10)--
                  (A) in subparagraphs (C) and (D), redesignate 
                clauses (i) and (ii) as subclauses (I) and 
                (II), respectively (and indent accordingly);
                  (B) redesignate subparagraphs (A) through (D) 
                as clauses (i) through (iv), respectively (and 
                indent accordingly);
          (8) redesignate paragraphs (2) through (11) as 
        subparagraphs (B) through (K), respectively (and indent 
        accordingly);
          (9) at the end, insert the following:
          ``(2) Parental Choice.--
                  ``(A) In general.--In any case described in 
                section 1116(b)(7)(A)(ii)(II)(aa) the local 
                educational agency shall permit the parents of 
                each eligible child defined in paragraph (7)(A) 
                to--
                          ``(i) receive, from the agency, the 
                        child's share of funds allocated to the 
                        school under this part, calculated 
                        under subparagraph (B); and
                          ``(ii) Notwithstanding any other 
                        provision of this Act, use those funds 
                        to pay the costs of attending a private 
                        school that agrees to--
                                  ``(I) assess the student in 
                                mathematics and reading and 
                                language arts each year during 
                                grades 3 through 8 and at least 
                                once during grades 10 through 
                                12, using academic assessments 
                                that are comparable in what 
                                they measure to the academic 
                                assessments used by the State; 
                                and
                                  ``(II) provide the results of 
                                those assessments to the 
                                student's parents.
                  ``(B) Per-child amount.--The amount of a 
                school's allocation under this part that it 
                shall make available to the parents of an 
                eligible child under subparagraph (A)(ii) is 
                equal to the amount of the school's allocation 
                under subpart 2 of this part divided by the 
                number of eligible children enrolled in the 
                school.
                  ``(C) Limitation.--The amount of funds 
                provided to the parents of a child under this 
                paragraph shall not exceed the actual costs of 
                the parents for sending the child to a private 
                school and providing transportation to such 
                school.
                  ``(D) Duration.--The local educational agency 
                shall continue to provide funds to parents of a 
                child attending a private school under this 
                section until the child completes the grade 
                corresponding to the highest grade offered at 
                the public school the child previously 
                attended.
                  ``(E) Nondiscrimination.--
                          ``(i) In general.--A private school 
                        participating in the choice program 
                        under this paragraph shall not 
                        discriminate on the basis of race, 
                        color, national origin, or sex in 
                        carrying out the provisions of this 
                        paragraph.
                          ``(ii) Applicability and construction 
                        with respect to discrimination on the 
                        basis of sex.--
                                  ``(I) Applicability.--With 
                                respect to discrimination on 
                                the basis of sex, clause (i) 
                                shall not apply to a private 
                                school that is controlled by a 
                                religious organization if the 
                                application of clause (i) is 
                                inconsistent with the religious 
                                tenets of the private school.
                                  ``(II) Single-sex schools, 
                                classes, or activities.--With 
                                respect to discrimination on 
                                the basis of sex, nothing in 
                                clause (i) shall be construed 
                                to prevent a parent from 
                                choosing, or a private school 
                                from offering, a single-sex 
                                school, class, or activity.
                                  ``(III) Construction.--With 
                                respect to discrimination on 
                                the basis of sex, nothing in 
                                clause (i) shall be construed 
                                to require any person, or 
                                public or private entity to 
                                provide or pay, or to prohibit 
                                any such person or entity from 
                                providing or paying, for any 
                                benefit or service, including 
                                the use of facilities, related 
                                to an abortion. Nothing in the 
                                preceding sentence shall be 
                                construed to permit a penalty 
                                to be imposed on any person or 
                                individual because such person 
                                or individual is seeking or has 
                                received any benefit or service 
                                related to a legal abortion.
                          ``(iii) Children With Disabilities.--
                        Nothing in this subsection shall be 
                        construed to alter or modify the 
                        provisions of the Individuals with 
                        Disabilities Education Act or the 
                        Rehabilitation Act of 1973.
                          ``(iv) Rule of Construction.--
                                  ``(I) In general.--Nothing in 
                                this paragraph shall be 
                                construed to prevent any 
                                private school which is 
                                operated by, supervised by, 
                                controlled by, or connected to, 
                                a religious organization from 
                                employing, admitting, or giving 
                                preference to, persons of the 
                                same religion to the extent 
                                determined by such institution 
                                to promote the religious 
                                purpose for which the private 
                                school is established or 
                                maintained.
                                  ``(II) Sectarian purposes.--
                                Nothing in this paragraph shall 
                                be construed to prohibit the 
                                use of funds made available 
                                under this subsection for 
                                sectarian educational purposes, 
                                or to require a private school 
                                to remove religious art, icons, 
                                scripture, or other symbols.
                  ``(F) Definitions.--As used in this 
                paragraph, the term `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).''.
  In section 401 of the bill, in section 4131(b) of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 401)--
          (1) strike ``and'' at the end of paragraph (14);
          (2) strike the period at the end of paragraph (15) 
        and insert ``; and''; and
          (3) insert the following:
          ``(16) activities to promote, implement, or expand 
        private school choice for disadvantaged children in 
        failing public schools.
  In section 501 of the bill, in subparagraph (P) of section 
5115(b)(2) of the Elementary and Secondary Education Act of 
1965 (as proposed to be amended by such section 501), after 
``including a public charter school,'' insert ``or a private 
school if no safe public school or public charter school can 
accommodate the student,''.
  In section 801 of the bill, in section 8507 of the Elementary 
and Secondary Education Act of 1965 (as proposed to be amended 
by such section 801)--
          (1) insert ``(a) In General.--'' before ``Nothing''; 
        and
          (2) add at the end the following:
  ``(b) Inapplicability.--Subsection (a) shall not be construed 
to prohibit the use of funds made available to parents of 
eligible children for sectarian educational purposes under 
private school choice provisions of this Act, or to require an 
eligible private institution to remove religious art, icons, 
scripture, or other symbols.
                              ----------                              


  16. An Amendment To Be Offered by Representative Armey of Texas, or 
 Representative DeLay of Texas, or a Designee, Debatable for 20 Minutes

  After part C of title IV of the Elementary and Secondary 
Education Act of 1965, as amended by section 421 of the bill, 
add the following:

                  PART D--EDUCATIONAL OPPORTUNITY FUND

SEC. 431. EDUCATIONAL OPPORTUNITY FUND.

  Title IV is amended by adding at the end the following:

                 ``PART D--EDUCATIONAL OPPORTUNITY FUND

``SEC. 4411. PURPOSE.

  ``The purpose of this part is to determine the effectiveness 
of school choice in improving the academic achievement of 
disadvantaged students and the overall quality of public 
schools and local educational agencies.

``SEC. 4412. PROGRAM AUTHORIZED.

  ``The Secretary is authorized to make competitive awards to 
eligible entities to carry out and evaluate, through contracts 
or grants, not more than 5 research projects that demonstrate 
how school choice options increase the academic achievement of 
students, schools, and local educational agencies.

``SEC. 4413. ELIGIBLE ENTITIES.

  ``For purposes of this part an eligible entity is--
          ``(1) a State educational agency;
          ``(2) a county agency;
          ``(3) a municipal agency;
          ``(4) a local educational agency;
          ``(5) a nonprofit corporation; or
          ``(6) a consortia thereof.

``SEC. 4414. APPLICATIONS.

  ``Each eligible entity desiring an award under this part 
shall submit an application to the Secretary that shall 
include--
          ``(1) a description of the proposed research project, 
        including a designation from which local educational 
        agency or agencies eligible students will be selected 
        to participate in a choice program;
          ``(2) a description of the annual costs of the 
        project;
          ``(3) a description of the research design that the 
        eligible entity will employ in carrying out the 
        project;
          ``(4) a description of the project evaluation that 
        will be conducted by an independent third party entity, 
        including--
                  ``(A) the name and qualifications of the 
                independent entity that will conduct the 
                evaluation; and
                  ``(B) a description of how the evaluation 
                will measure the academic achievement of 
                students participating in the program, parental 
                satisfaction and the effect of the project on 
                the schools and agencies designated in 
                paragraph (1);
          ``(5) a description of how the eligible entity will 
        ensure the participation of students selected for the 
        control group;
          ``(6) a description of the assessment that the 
        eligible entity will use to assess annually the 
        progress of participants in the research project in 
        grades 3 through 8 in mathematics and reading and how 
        it is comparable to assessments used by the agency or 
        agencies described under paragraph (1);
          ``(7) an assurance that the eligible entity will 
        assess all students that are participating in the 
        program or in the control group at the beginning of the 
        project;
          ``(8) an assurance that the eligible entity will 
        report annually to the Secretary on the impact of the 
        project on student achievement, including a discussion 
        of the meaning and an attestation of validity of the 
        achievement data;
          ``(9) an assurance that, if the number of students 
        applying to participate in the project is greater than 
        the number of students the project can serve, 
        participants will be selected by lottery;
          ``(10) a description of how the amount that will be 
        provided directly to students for tuition, fees, 
        transportation, or supplemental services will be 
        determined;
          ``(11) an assurance that schools participating under 
        this part will abide by the nondiscrimination 
        requirements set forth in section 4419;
          ``(12) an assurance that eligible students receiving 
        assistance under this part will not be defined by 
        reference to religion and that grants will be allocated 
        on the basis of neutral, secular criteria that neither 
        favor nor disfavor religion, and will be made available 
        to children attending secular and nonsecular 
        institutions on a nondiscriminatory basis; and
          ``(13) an assurance that no private school will be 
        required to participate in the project without its 
        consent.

``SEC. 4415. PRIORITIES.

  ``In awarding grants under this program, the Secretary shall 
give priority to applications that--
          ``(1) provide students and families with the widest 
        range of educational options;
          ``(2) target resources to students and families that 
        lack the financial resources to take advantage of 
        available educational options;
          ``(3) are of sufficient size to have a significant 
        impact on the public and private schools of the 
        community that the project serves;
          ``(4) propose using rigorous methodologies and third 
        party evaluators with experience in evaluating school 
        choice proposals; and
          ``(5) propose serving students of varying age and 
        grade levels.

``SEC. 4416. USE OF FUNDS.

  ``(a) In General.--A grantee may reserve up to 10 percent of 
its award for research and evaluation activities, of which not 
more than 2 percent may be used for administrative purposes.
  ``(b) Grants to Students.--A grantee shall use at least 90 
percent of its award to provide grants to eligible students, 
who shall use the grants to--
          ``(1) pay the eligible educational expenses, 
        including tuition, fees, and transportation expenses 
        required to attend the school of their choice, but in 
        no event more than $5,000 per student; or
          ``(2) purchase supplemental educational services.
  ``(c) Assistance.--All grants provided to students under this 
part shall be considered assistance to students rather than to 
schools.

``SEC. 4417. ELIGIBLE STUDENTS.

  ``For purposes of the activities funded under this part, an 
eligible student is defined as a student who--
          ``(1) is eligible for a free or reduced-price lunch 
        subsidy under the National School Lunch program; and
          ``(2) attended a public elementary or secondary 
        school or was not yet of school age in the year 
        preceding participation in this program.

``SEC. 4418. REPORTING REQUIREMENTS.

  ``(a) In General.--Each grantee receiving an award under this 
program shall, beginning with the second year of the project, 
report annually to the Secretary regarding--
          ``(1) the activities carried out during the preceding 
        12 months with program funds; and
          ``(2) the results of the assessments given to 
        students participating in the program and students 
        selected for the control group.
  ``(b) Performance Reports.--In addition, each grantee shall, 
in the third year of the research project, report annually to 
the Secretary regarding--
          ``(1) the academic performance of students 
        participating in the project; and
          ``(2) parental satisfaction; and
          ``(3) changes in the overall performance and quality 
        of public and private elementary and secondary schools 
        affected by the project, as well as other indicators 
        such as teacher quality, innovative reforms, or special 
        programs.
  ``(c) Report to Congress.--The Secretary shall submit to the 
appropriate congressional committees an annual report on the 
findings of the reports submitted under subsections (a) and 
(b), and include the comments of the independent review panel 
in accordance with section 4420(c)(2).

``SEC. 4419. NONDISCRIMINATION.

  ``(a) In General.--A private school participating in the 
scholarship program under this part shall not discriminate on 
the basis of race, color, national origin, or sex in carrying 
out the provisions of this part.
  ``(b) Applicability and Construction With Respect to 
Discrimination on the Basis of Sex.--
          ``(1) Applicability.--With respect to discrimination 
        on the basis of sex, subsection (a) shall not apply to 
        a private school that is controlled by a religious 
        organization if the application of subsection (a) is 
        inconsistent with the religious tenets of the private 
        school.
          ``(2) Single-sex schools, classes, or activities.--
        With respect to discrimination on the basis of sex, 
        nothing in subsection (a) shall be construed to prevent 
        a parent from choosing, or a private school from 
        offering, a single-sex school, class, or activity.
          ``(3) Construction.--With respect to discrimination 
        on the basis of sex, nothing in subsection (a) shall be 
        construed to require any person, or public or private 
        entity to provide or pay, or to prohibit any such 
        person or entity from providing or paying, for any 
        benefit or service, including the use of facilities, 
        related to an abortion. Nothing in the preceding 
        sentence shall be construed to permit a penalty to be 
        imposed on any person or individual because such person 
        or individual is seeking or has received any benefit or 
        service related to a legal abortion.
  ``(c) Children With Disabilities.--Nothing in this part shall 
be construed to alter or modify the provisions of the 
Individuals with Disabilities Education Act or the 
Rehabilitation Act of 1973.
  ``(d) Rule of Construction.--
          ``(1) In general.--Nothing in this part shall be 
        construed to prevent any eligible institution which is 
        operated by, supervised by, controlled by, or connected 
        to, a religious organization from employing, admitting, 
        or giving preference to, persons of the same religion 
        to the extent determined by such institution to promote 
        the religious purpose for which the private school is 
        established or maintained.
          ``(2) Sectarian purposes.--Nothing in this part shall 
        be construed to prohibit the use of funds made 
        available under this part for sectarian educational 
        purposes, or to require a private school to remove 
        religious art, icons, scripture, or other symbols.

``SEC. 4420. INDEPENDENT REVIEW PANEL.

  ``(a) Establishment.--The Secretary shall establish an 
independent review panel to advise the Secretary on technical 
and methodological issues and in overseeing the activities 
funded under this part.
  ``(b) Membership.--The Secretary shall appoint members of the 
independent review panel from among qualified individuals who 
are--
          ``(A) specialists in school choice research, as well 
        as experts in statistics, evaluation, research, and 
        assessment; and
          ``(B) other individuals with technical expertise who 
        will contribute to the overall rigor and quality of the 
        evaluations.
  ``(c) Powers.--The independent review panel shall consult 
with and advise the Secretary--
          ``(1) to ensure that the evaluations funded under 
        this part adhere to the highest possible standards of 
        quality with respect to research design and statistical 
        analysis; and
          ``(2) to evaluate and comment on the degree to which 
        annual reports submitted in accordance with section 
        4418 meet the requirements under paragraph (1) with 
        such comments included with the report submitted to the 
        appropriate Congressional committees.

``SEC. 4421. AUTHORIZATION OF APPROPRIATIONS.

  ``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.''.
                              ----------                                



17. An Amendment To Be Offered by Representative Akin of Missouri, or a 
                   Designee, Debatable for 10 Minutes

  In section 104 of the bill, at the end of section 1111(b)(4) 
of the Elementary and Secondary Education Act of 1965 (as 
proposed to be amended by such section 104), add the following:
                  ``(L) be tests of objective knowledge, based 
                on measurable, verifiable, and widely accepted 
                professional testing and assessment standards, 
                and shall not assess the personal opinions, 
                attitudes, or beliefs of the student being 
                assessed.
                              ----------                              


18. An Amendment To Be Offered by Representative Stearns of Florida, or 
                  a Designee, Debatable for 10 Minutes

  In section 1116(b) of the Elementary and Secondary Education 
Act of 1965, as proposed to be amended by section 106 of the 
bill, insert after paragraph (5) the following and redesignated 
any subsequent provisions accordingly:
          ``(6) Additional notification.--Not less than once 
        each year, each State educational agency shall provide 
        the Secretary with the name of each school identified 
        for school improvement under this subsection.
                              ----------                              


19. An Amendment To Be Offered by Representative Traficant of Ohio, or 
                  a Designee, Debatable for 10 Minutes

  In the matter proposed to be inserted as part E of title VIII 
of the Elementary and Secondary Education Act of 1965 by 
section 801 of the bill, insert after section 8520 the 
following:

``SEC. 8521. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE; USE OF 
                    AMERICAN-MADE STEEL.

  ``(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.
  ``(c) Use of American-Made Steel.--A school system receiving 
financial assistance under this Act for construction shall use 
American-made steel for such construction and shall comply with 
the requirements of the Buy American Act.''.
                              ----------                              


 20. An Amendment To Be Offered by Representative Brady of Texas, or a 
                   Designee, Debatable for 20 Minutes

  Strike part D of title II of the Elementary and Secondary 
Education Act of 1965, as proposed to be added by section 203 
of the bill, and insert the following:

                 ``PART D--TEACHER LIABILITY PROTECTION

``SEC. 2301. SHORT TITLE.

  ``This part may be cited as the `Paul Coverdell Teacher 
Liability Protection Act of 2001'.

``SEC. 2302. FINDINGS AND PURPOSE.

  ``(a) Findings.--Congress makes the following findings:
          ``(1) The ability of teachers, principals and other 
        school professionals to teach, inspire and shape the 
        intellect of our Nation's elementary and secondary 
        school students is deterred and hindered by frivolous 
        lawsuits and litigation.
          ``(2) Each year more and more teachers, principals 
        and other school professionals face lawsuits for 
        actions undertaken as part of their duties to provide 
        millions of school children quality educational 
        opportunities.
          ``(3) Too many teachers, principals and other school 
        professionals face increasingly severe and random acts 
        of violence in the classroom and in schools.
          ``(4) Providing teachers, principals and other school 
        professionals a safe and secure environment is an 
        important part of the effort to improve and expand 
        educational opportunities.
          ``(5) Clarifying and limiting the liability of 
        teachers, principals and other school professionals who 
        undertake reasonable actions to maintain order, 
        discipline and an appropriate educational environment 
        is an appropriate subject of Federal legislation 
        because--
                  ``(A) the scope of the problems created by 
                the legitimate fears of teachers, principals 
                and other school professionals about frivolous, 
                arbitrary or capricious lawsuits against 
                teachers is of national importance; and
                  ``(B) millions of children and their families 
                across the Nation depend on teachers, 
                principals and other school professionals for 
                the intellectual development of children.
  ``(b) Purpose.--The purpose of this part is to provide 
teachers, principals and other school professionals the tools 
they need to undertake reasonable actions to maintain order, 
discipline and an appropriate educational environment.

``SEC. 2303. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

  ``(a) Preemption.--This part preempts the laws of any State 
to the extent that such laws are inconsistent with this part, 
except that this part shall not preempt any State law that 
provides additional protection from liability relating to 
teachers.
  ``(b) Election of State Regarding Nonapplicability.--This 
part shall not apply to any civil action in a State court 
against a teacher with respect to claims arising within that 
State if such State enacts a statute in accordance with State 
requirements for enacting legislation--
          ``(1) citing the authority of this subsection;
          ``(2) declaring the election of such State that this 
        part shall not apply, as of a date certain, to such 
        civil action in the State; and
          ``(3) containing no other provisions.

``SEC. 2304. LIMITATION ON LIABILITY FOR TEACHERS.

  ``(a) Liability Protection for Teachers.--Except as provided 
in subsections (b) and (c), no teacher in a school shall be 
liable for harm caused by an act or omission of the teacher on 
behalf of the school if--
          ``(1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities related to 
        providing educational services;
          ``(2) the actions of the teacher were carried out in 
        conformity with local, State, and Federal laws, rules 
        and regulations in furtherance of efforts to control, 
        discipline, expel, or suspend a student or maintain 
        order or control in the classroom or school;
          ``(3) if appropriate or required, the teacher was 
        properly licensed, certified, or authorized by the 
        appropriate authorities for the activities or practice 
        in the State in which the harm occurred, where the 
        activities were or practice was undertaken within the 
        scope of the teacher's responsibilities;
          ``(4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or 
        safety of the individual harmed by the teacher; and
          ``(5) the harm was not caused by the teacher 
        operating a motor vehicle, vessel, aircraft, or other 
        vehicle for which the State requires the operator or 
        the owner of the vehicle, craft, or vessel to--
                  ``(A) possess an operator's license; or
                  ``(B) maintain insurance.
  ``(b) Concerning Responsibility of Teachers to Schools and 
Governmental Entities.--Nothing in this section shall be 
construed to affect any civil action brought by any school or 
any governmental entity against any teacher of such school.
  ``(c) Exceptions to Teacher Liability Protection.--If the 
laws of a State limit teacher liability subject to one or more 
of the following conditions, such conditions shall not be 
construed as inconsistent with this section:
          ``(1) A State law that requires a school or 
        governmental entity to adhere to risk management 
        procedures, including mandatory training of teachers.
          ``(2) A State law that makes the school or 
        governmental entity liable for the acts or omissions of 
        its teachers to the same extent as an employer is 
        liable for the acts or omissions of its employees.
          ``(3) A State law that makes a limitation of 
        liability inapplicable if the civil action was brought 
        by an officer of a State or local government pursuant 
        to State or local law.
  ``(d) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
          ``(1) General rule.--Punitive damages may not be 
        awarded against a teacher in an action brought for harm 
        based on the action of a teacher acting within the 
        scope of the teacher's responsibilities to a school or 
        governmental entity unless the claimant establishes by 
        clear and convincing evidence that the harm was 
        proximately caused by an action of such teacher which 
        constitutes willful or criminal misconduct, or a 
        conscious, flagrant indifference to the rights or 
        safety of the individual harmed.
          ``(2) Construction.--Paragraph (1) does not create a 
        cause of action for punitive damages and does not 
        preempt or supersede any Federal or State law to the 
        extent that such law would further limit the award of 
        punitive damages.
  ``(e) Exceptions to Limitations on Liability.--
          ``(1) In general.--The limitations on the liability 
        of a teacher under this part shall not apply to any 
        misconduct that--
                  ``(A) constitutes a crime of violence (as 
                that term is defined in section 16 of title 18, 
                United States Code) or act of international 
                terrorism (as that term is defined in section 
                2331 of title 18, United States Code) for which 
                the defendant has been convicted in any court;
                  ``(B) involves a sexual offense, as defined 
                by applicable State law, for which the 
                defendant has been convicted in any court;
                  ``(C) involves misconduct for which the 
                defendant has been found to have violated a 
                Federal or State civil rights law; or
                  ``(D) where the defendant was under the 
                influence (as determined pursuant to applicable 
                State law) of intoxicating alcohol or any drug 
                at the time of the misconduct.
          ``(2) Rule of construction.--Nothing in this 
        subsection shall be construed to affect subsection 
        (a)(3) or (d).

``SEC. 2305. LIABILITY FOR NONECONOMIC LOSS.

  ``(a) General Rule.--In any civil action against a teacher, 
based on an action of a teacher acting within the scope of the 
teacher's responsibilities to a school or governmental entity, 
the liability of the teacher for noneconomic loss shall be 
determined in accordance with subsection (b).
  ``(b) Amount of Liability.--
          ``(1) In general.--Each defendant who is a teacher, 
        shall be liable only for the amount of noneconomic loss 
        allocated to that defendant in direct proportion to the 
        percentage of responsibility of that defendant 
        (determined in accordance with paragraph (2)) for the 
        harm to the claimant with respect to which that 
        defendant is liable. The court shall render a separate 
        judgment against each defendant in an amount determined 
        pursuant to the preceding sentence.
          ``(2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to 
        a defendant who is a teacher under this section, the 
        trier of fact shall determine the percentage of 
        responsibility of that defendant for the claimant's 
        harm.

``SEC. 2306. RULE OF CONSTRUCTION.

  ``Nothing in this part shall be construed to affect any State 
or local law (including a rule or regulation) or policy 
pertaining to the use of corporal punishment.

``SEC. 2307. DEFINITIONS.

  ``For purposes of this part:
          ``(1) Economic loss.--The term `economic loss' means 
        any pecuniary loss resulting from harm (including the 
        loss of earnings or other benefits related to 
        employment, medical expense loss, replacement services 
        loss, loss due to death, burial costs, and loss of 
        business or employment opportunities) to the extent 
        recovery for such loss is allowed under applicable 
        State law.
          ``(2) Harm.--The term `harm' includes physical, 
        nonphysical, economic, and noneconomic losses.
          ``(3) Noneconomic losses.--The term `noneconomic 
        losses' means losses for physical and emotional pain, 
        suffering, inconvenience, physical impairment, mental 
        anguish, disfigurement, loss of enjoyment of life, loss 
        of society and companionship, loss of consortium (other 
        than loss of domestic service), hedonic damages, injury 
        to reputation and all other nonpecuniary losses of any 
        kind or nature.
          ``(4) School.--The term `school' means a public or 
        private kindergarten, a public or private elementary 
        school or secondary school (as defined in section 
        14101, or a home school.
          ``(5) State.--The term `State' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, any other 
        territory or possession of the United States, or any 
        political subdivision of any such State, territory, or 
        possession.
          ``(6) Teacher.--The term `teacher' means a teacher, 
        instructor, principal, administrator, or other 
        educational professional that works in a school, a 
        local school board and any member of such board, and a 
        local educational agency and any employee of such 
        agency.

``SEC. 2308. APPLICABILITY.

  ``This part applies to any claim for harm caused by an act or 
omission of a teacher if that claim is filed on or after the 
effective date of the No Child Left Behind Act of 2001 without 
regard to whether the harm that is the subject of the claim or 
the conduct that caused the harm occurred before such effective 
date.''.
                              ----------                              


 21. An Amendment To Be Offered by Representative Mink of Hawaii, or a 
                   Designee, Debatable for 10 Minutes

  In subparagraph (A) of section 1116(b)(3) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 
as amended by section 106 of the bill--
          (1) strike ``and'' at the end of clause (vii);
          (2) strike period at the end of clause (viii) and 
        insert ``; and''; and
          (3) add at the end the following:
                          ``(ix) ensure that a mentoring 
                        program is available to teachers in the 
                        school who have been in the teaching 
                        profession for 3 years or less, which 
                        provides mentoring to beginning 
                        teachers from exemplary veteran 
                        teachers with expertise in the same 
                        subject matter that the beginning 
                        teachers will be teaching, to the 
                        extent practicable be school-based, and 
                        provides mentors time for activities 
                        such as coaching, observing, and 
                        assisting the teachers who are 
                        mentored.''.
                              ----------                              


22. An Amendment To Be Offered by Representative Wamp of Tennessee, or 
 Representative Etheridge of North Carolina, or a Designee, Debatable 
                             for 10 Minutes

  In section 501 of the bill, strike section 5302 of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 501) and insert the following:

``SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this 
part $50,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of fiscal years 2003 through 2006.
                              ----------                              


   23. An Amendment To Be Offered by Representative DeMint of South 
           Carolina, or a Designee, Debatable for 30 Minutes

  At the end of the provision proposed to be added by section 
701 of the bill, add the following:

                    ``PART C--PERFORMANCE AGREEMENTS

``SEC. 7301. SHORT TITLE.

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

``SEC. 7302. PURPOSE.

  ``The purpose of this part is to create options for selected 
State educational agencies and local educational agencies--
          ``(1) to improve the academic achievement of all 
        students served by State educational agencies and local 
        educational agencies, and to focus the resources of the 
        Federal Government on that achievement;
          ``(2) to better empower parents, educators, 
        administrators, and schools to effectively address the 
        needs of their children and students;
          ``(3) to give participating State educational 
        agencies and local educational agencies greater 
        flexibility in determining how to increase their 
        students' academic achievement and implement education 
        reforms in their schools;
          ``(4) to eliminate barriers to implementing effective 
        State and local education reform, while preserving the 
        goals of equality of opportunity for all students and 
        accountability for student progress;
          ``(5) to hold participating State educational 
        agencies and local educational agencies accountable for 
        increasing the academic achievement of all students, 
        especially disadvantaged students; and
          ``(6) to narrow achievement gaps between the lowest 
        and highest performing groups of students, particularly 
        low-income and minority students, so that no child is 
        left behind.

``SEC. 7303. PROGRAM AUTHORITY; SELECTION OF STATE EDUCATIONAL AGENCIES 
                    AND LOCAL EDUCATIONAL AGENCIES.

  ``(a) Program Authority.--
          ``(1) In general.--Except as otherwise provided in 
        this part, the Secretary shall enter into performance 
        agreements--
                  ``(A) with State educational agencies and 
                local educational agencies that submit 
                approvable performance agreement proposals and 
                are selected under paragraph (2); and
                  ``(B) under which the agencies may 
                consolidate and use funds as described in 
                section 7305.
          ``(2) Selection of state educational agencies and 
        local educational agencies for participation.--
                  ``(A) In general.--Subject to subparagraphs 
                (C) and (D), the Secretary shall select not 
                more than 7 State educational agencies and 25 
                local educational agencies to enter into 
                performance agreements under this part. The 
                State educational agencies and local 
                educational agencies shall be selected from 
                among those State educational agencies and 
                local educational agencies that--
                          ``(i) demonstrate, to the 
                        satisfaction of the Secretary, that the 
                        proposed performance agreement of the 
                        agency--
                                  ``(I) has substantial promise 
                                of meeting the requirements of 
                                this part; and
                                  ``(II) describes a plan to 
                                combine and use funds (as 
                                described in section 
                                7305(a)(1)) under the agreement 
                                to exceed, by a statistically 
                                significant amount, the State's 
                                definition of adequate yearly 
                                progress (as described in 
                                subparagraph (B)) while meeting 
                                the requirements of sections 
                                1111 and 1116;
                          ``(ii) have developed, and are 
                        administering, the assessments 
                        described in section 1111(b)(4);
                          ``(iii) provide information in the 
                        proposed performance agreement 
                        regarding how the State educational 
                        agency--
                                  ``(I) has notified the local 
                                educational agencies within the 
                                State of the State educational 
                                agency's intent to submit a 
                                proposed performance agreement; 
                                and
                                  ``(II) consulted with the 
                                Governor of the State about the 
                                terms of the proposed 
                                performance agreement;
                          ``(iv) consulted and involved parents 
                        and educators in the development of the 
                        proposal; and
                          ``(v) provide such other information, 
                        at such time and in such manner, as the 
                        Secretary may reasonably require.
                  ``(B) Definition of adequate yearly 
                progress.--In this part the term `adequate 
                yearly progress' means the adequate yearly 
                progress determined by the State pursuant to 
                section 1111(b)(2)(C).
                  ``(C) Geographic distribution.--If more than 
                7 State educational agencies or 25 local 
                educational agencies submit approvable 
                performance agreements under this part, then 
                the Secretary shall select agencies for 
                performance agreements under this part in a 
                manner that ensures, to the greatest extent 
                possible, an equitable geographic distribution 
                of such agencies selected for performance 
                agreements. In addition, if more than 25 local 
                educational agencies submit approvable 
                performance agreements under this part, then 
                the Secretary shall select local educational 
                agencies for performance agreements under this 
                part in a manner that ensures an equitable 
                distribution of such agencies selected for 
                performance agreements among such agencies 
                serving urban and rural areas.
                  ``(D) Local educational agency 
                participation.--
                          ``(i) In general.--If a local 
                        educational agency is located in a 
                        State that does not enter into a 
                        performance agreement under 
                        subparagraph (A), then the local 
                        educational agency may be selected to 
                        enter into a performance agreement with 
                        the Secretary under subparagraph (A), 
                        but only if the local educational 
                        agency--
                                  ``(I) meets the requirements 
                                of this part that are 
                                applicable to the local 
                                educational agency pursuant to 
                                clause (iii), except as 
                                provided under clause (v);
                                  ``(II) notifies the State 
                                educational agency of the local 
                                educational agency's intent to 
                                enter into a performance 
                                agreement under this part; and
                                  ``(III) notifies the Governor 
                                of the State regarding the 
                                terms of the proposed 
                                performance agreement.
                          ``(ii) Prohibition.--In the event 
                        that a local educational agency enters 
                        into a performance agreement under this 
                        part, the State educational agency 
                        serving the State in which the local 
                        educational agency is located may not 
                        enter into a performance agreement 
                        under this part unless--
                                  ``(I) the State educational 
                                agency has consulted the local 
                                educational agency; and
                                  ``(II) the term of the local 
                                educational agency's original 
                                performance agreement has 
                                ended.
                          ``(iii) Applicability.--Except as 
                        provided in clauses (iv) and (v), each 
                        requirement and limitation under this 
                        part that is applicable to a State 
                        educational agency with respect to a 
                        performance agreement under this part 
                        shall be applicable to a local 
                        educational agency with respect to a 
                        performance agreement under this 
                        section, to the extent the Secretary 
                        determines appropriate.
                          ``(iv) Local educational agency 
                        waiver.--
                                  ``(I) Waiver.--If a local 
                                educational agency does not 
                                wish to participate in the 
                                State educational agency's 
                                performance agreement, then the 
                                local educational agency shall 
                                apply to the State educational 
                                agency for a waiver within 45 
                                days of notification from the 
                                State educational agency of the 
                                State educational agency's 
                                desire to participate in a 
                                performance agreement.
                                  ``(II) Response.--A State 
                                educational agency that 
                                receives a waiver application 
                                under subclause (I) shall 
                                respond to the waiver 
                                application within 45 days of 
                                receipt of the application. In 
                                order to obtain the waiver, the 
                                local educational agency shall 
                                reasonably demonstrate to the 
                                State educational agency that 
                                the local educational agency 
                                would be better able to exceed 
                                adequate yearly progress by 
                                opting out of the performance 
                                agreement and remaining subject 
                                to the requirements of the 
                                affected Federal programs. If 
                                the State educational agency 
                                denies the waiver, the State 
                                educational agency shall 
                                explain to the local 
                                educational agency the State 
                                educational agency's reasons 
                                for the denial.
                                  ``(III) Applicability.--If a 
                                local educational agency 
                                receives a waiver under this 
                                clause, then the agency shall 
                                receive funds and be subject to 
                                the provisions of Federal law 
                                governing each Federal program 
                                included in the State 
                                educational agency's 
                                performance agreement.
                          ``(v) Inapplicability.--The following 
                        provisions shall not apply to a local 
                        educational agency with respect to a 
                        performance agreement under this part:
                                  ``(I) The provisions of 
                                section 7303(a)(2)(A)(iii) 
                                relating to State educational 
                                agency information.
                                  ``(II) The provisions of 
                                section 7304(a)(3)(B) limiting 
                                the use of funds other than 
                                those funds provided under part 
                                A of title I.
                                  ``(III) The provisions of 
                                section 7305(b), to the extent 
                                that those provisions permit 
                                the consolidation of funds that 
                                are awarded by a State on a 
                                competitive basis.
                                  ``(IV) The provisions 
                                relating to distribution of 
                                funds under section 7306.
                                  ``(V) The provisions limiting 
                                State use of funds for 
                                administrative purposes under 
                                section 7308(a).
                                  ``(VI) The provisions of 
                                section 7309(e)(1) regarding 
                                State sanctions.
  ``(b) Ed-Flex Prohibition.--Each State or local educational 
agency that enters into a performance agreement under this part 
shall be ineligible to receive a waiver under the Education 
Flexibility Partnership Act of 1999 for the term of the 
performance agreement.

``SEC. 7304. PERFORMANCE AGREEMENT.

  ``(a) Terms of Performance Agreement.--
          ``(1) Required provisions.--Each performance 
        agreement entered into by the Secretary and a State 
        educational agency or a local educational agency under 
        this part shall--
                  ``(A) be for a term of 5 years, except as 
                provided in section 7309(a);
                  ``(B) provide that no requirements of any 
                program described in section 7305(b) and 
                included in the scope of the agreement shall 
                apply, except as otherwise provided in this 
                part;
                  ``(C) list which of the programs described in 
                section 7305(b) are included in the scope of 
                the performance agreement;
                  ``(D) contain a 5-year plan describing how 
                the State educational agency will--
                          ``(i) ensure compliance with sections 
                        1003, 1111 (other than subsections 
                        (c)(3) and (c)(10)), 1112 (other than 
                        subsections (b)(3), (c)(1)(E), and 
                        (c)(1)(H)), 1114, 1115, 1116, 1117, 
                        1118(c), 1118(d), 1118(e)(1), 
                        1118(e)(3), and 1118(e)(7), except that 
                        section 1114(b)(1) shall be applied 
                        substituting `35 percent' for `40 
                        percent';
                          ``(ii) address professional 
                        development under the performance 
                        agreement;
                          ``(iii) combine and use the funds 
                        from programs included in the scope of 
                        the performance agreement to exceed, by 
                        a statistically significant amount, the 
                        State's definition of adequate yearly 
                        progress; and
                          ``(iv) if title II is included in the 
                        performance agreement, ensure 
                        compliance with section 1119(a)(2) as 
                        applicable;
                  ``(E) contain an assurance that the State 
                educational agency has provided parents, 
                teachers, schools, and local educational 
                agencies in the State, with notice and an 
                opportunity to comment on the proposed terms of 
                the performance agreement, including the 
                distribution and use of funds to be 
                consolidated, in accordance with State law;
                  ``(F) provide that the State educational 
                agency will use fiscal control and fund-
                accounting procedures that will ensure proper 
                disbursement of, and accounting for, Federal 
                funds consolidated and used under the 
                performance agreement;
                  ``(G) contain an assurance that the State 
                educational agency will meet the requirements 
                of all applicable Federal civil rights laws in 
                carrying out the performance agreement and in 
                consolidating and using the funds under the 
                performance agreement;
                  ``(H) require that, in consolidating and 
                using funds under the performance agreement, 
                the State educational agency will comply with 
                the equitable participation requirements 
                described in section 7305(c);
                  ``(I) provide that the State educational 
                agency will, for the duration of the 
                performance agreement, use funds consolidated 
                and used under section 7305 only to supplement 
                the amount of funds that would, in the absence 
                of those Federal funds, be made available from 
                non-Federal sources for the education of 
                students participating in programs assisted 
                with the consolidated funds and used under 
                section 7305, and not to supplant those funds;
                  ``(J) contain an assurance that the State 
                educational agency will comply with the 
                maintenance of effort requirements of paragraph 
                (2);
                  ``(K) provide that, not later than 1 year 
                after the date on which the Secretary and the 
                State educational agency enter into the 
                performance agreement, and annually thereafter 
                during the term of the agreement, the State 
                educational agency will disseminate widely to 
                parents (in a format and, to the extent 
                practicable, in a language the parents can 
                understand) and the general public, transmit to 
                the Secretary, distribute to print and 
                broadcast media, and post on the Internet, a 
                report that includes--
                          ``(i) the data as described in 
                        section 1111(h);
                          ``(ii) a detailed description of how 
                        the State educational agency used the 
                        funds consolidated under the 
                        performance agreement to exceed, by a 
                        statistically significant amount, its 
                        definition of adequate yearly progress; 
                        and
                          ``(iii) whether the State educational 
                        agency has met the teacher quality 
                        goals established under section 
                        1119(a)(2); and
                  ``(L) in the case of an agency that includes 
                part A of title V in its performance agreement, 
                contain an assurance that--
                          ``(i) the agency will not diminish 
                        its ability to provide a drug and 
                        violence free learning environment as a 
                        result of entering into the performance 
                        agreement, except that nothing in this 
                        clause shall be construed to limit the 
                        ability of the agency to participate in 
                        a program under part A title V due to an 
                        unforeseen event involving drugs or violence;
                          ``(ii) the agency will prepare the 
                        needs assessment described in section 
                        5115(a)(1)(A) and the report described 
                        in section 5116 (b) and (c), as 
                        appropriate, for each school year; and
                          ``(iii) the agency will use the 
                        information in the assessment and 
                        report described in clause (ii) to 
                        ensure compliance with clause (i).
          ``(2) Maintenance of state financial support.--
                  ``(A) In general.--Each State entering into a 
                performance agreement under this part shall not 
                reduce the amount of State financial support 
                for education for a fiscal year below the 
                amount of such support for the preceding fiscal 
                year.
                  ``(B) Reduction of funds for failure to 
                maintain effort.--The Secretary shall reduce 
                the allotment of funds to a State pursuant to 
                the terms of the performance agreement for any 
                fiscal year following a fiscal year in which 
                the State fails to comply with subparagraph (A) 
                by the same amount by which the State fails to 
                meet the requirements of subparagraph (A).
                  ``(C) Waivers for exceptional or 
                uncontrollable circumstances.--The Secretary 
                may waive the requirement of subparagraph (A) 
                for a State, for one fiscal year at a time, if 
                the Secretary determines that granting 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.
                  ``(D) Subsequent years.--If, for any year, a 
                State fails to meet the requirement of 
                subparagraph (A), including any year for which 
                the State is granted a waiver under 
                subparagraph (C), then the financial support 
                required of the State in future years under 
                subparagraph (A) shall be the amount that would 
                have been required in the absence of that 
                failure and not the reduced level of the 
                State's support.
          ``(3) Maintenance of local financial support.--
                  ``(A) In general.--Each local educational 
                agency entering into a performance agreement 
                under this part shall not reduce the amount of 
                local educational agency financial support for 
                education for a fiscal year below 90 percent of 
                the amount of that support for the preceding 
                fiscal year.
                  ``(B) Reduction of funds for failure to 
                maintain support.--The Secretary shall reduce 
                the amount made available to a local 
                educational agency under a performance 
                agreement under this part for any fiscal year 
                following the fiscal year in which the local 
                educational agency fails to comply with 
                subparagraph (A) by the same amount by which 
                the local educational agency fails to meet the 
                requirements of subparagraph (A).
                  ``(C) Waivers for exceptional or 
                uncontrollable circumstances.--The Secretary 
                may waive the requirement of subparagraph (A) 
                for a local educational agency if the Secretary 
                determines that granting 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 local educational 
                agency, or to permit the local educational 
                agency to adjust for changes in student 
                population within the schools served by the 
                local educational agency.
                  ``(D) Subsequent years.--If, for any year, a 
                local educational agency fails to meet the 
                requirement of subparagraph (A), including any 
                year for which the local educational agency is 
                granted a waiver under subparagraph (C), then 
                the financial support required of the local 
                educational agency in future years under 
                subparagraph (A) shall be the amount that would 
                have been required in the absence of that 
                failure and not the reduced level of the local 
                educational agency's support.
          ``(4) Program-specific provisions.--
                  ``(A) Part a of title i funds.--If part A of 
                title I is included in the scope of the 
                performance agreement, the performance 
                agreement shall provide that sections 1113, and 
                1124 through 1127, shall apply to the 
                allocation of funds under such part, unless the 
                State educational agency demonstrates, to the 
                satisfaction of the Secretary and prior to 
                approval of the performance agreement, that the 
                State educational agency will use an 
                alternative allocation method that will better 
                target poverty or educational need. Any 
                alternative method shall result in the 
                percentage of such funds allocated to each 
                local educational agency served by the State 
                educational agency that meets the eligibility 
                criteria for a concentration grant according to 
                section 1124A exceeding the percentage of such 
                funds allocated to such local educational 
                agency under part A of title I. Such 
                alternative allocation methods may include 
                implementation of a State's weighted formula, 
                use of a State's most current census data to 
                better target poor children, or a State setting 
                higher thresholds for poverty so that funding 
                is more targeted to schools with higher 
                concentrations of poverty.
                  ``(B) Nontitle i funds.--The performance 
                agreement shall provide that, for funds other 
                than those under part A of title I that are 
                consolidated and used under section 7305(b), 
                the State educational agency will demonstrate, 
                to the satisfaction of the Secretary and prior 
                to approval of the performance agreement, that 
                the State educational agency will allocate the 
                funds in a manner that ensures that the 
                proportion of funds that are allocated to local 
                educational agencies in the State based on 
                poverty are equal to or greater than the 
                proportion of funds allocated on such basis without 
                such consolidation or use.
  ``(b) Approval of Performance Agreement.--
          ``(1) In general.--Subject to section 7303(a), not 
        later than 90 days after the deadline established by 
        the Secretary for receipt of a complete proposed 
        performance agreement, the Secretary shall approve the 
        performance agreement, or provide the State educational 
        agency with a written explanation for not approving the 
        performance agreement.
          ``(2) Peer review.--The Secretary shall--
                  ``(A) establish a peer review process to 
                assist in the review of proposed performance 
                agreements under this part; and
                  ``(B) appoint individuals to the peer review 
                process who are representative of parents, 
                teachers, State educational agencies, and local 
                educational agencies, and who are familiar with 
                educational standards, assessments, 
                accountability, curriculum, instruction and 
                staff development, and other diverse 
                educational needs of students.
  ``(c) Amendment to Performance Agreement.--
          ``(1) In general.--Not later than 1 year after 
        entering into a performance agreement under this part, 
        a State educational agency may amend its agreement to--
                  ``(A) remove from the scope of the agreement 
                any program described in section 7305(b); or
                  ``(B) include in the scope of the agreement 
                any additional program described in section 
                7305(b), or any additional achievement 
                indicators for which the State educational 
                agency will be held accountable.
          ``(2) Approval of amendment.--
                  ``(A) In general.--Not later than 90 days 
                after the receipt of a complete proposed 
                amendment described in paragraph (1), the 
                Secretary shall approve the amendment unless 
                the Secretary, by that deadline, provides the 
                State educational agency with a written 
                determination that the plan, as amended, would 
                no longer have substantial promise of meeting 
                the requirements of this part and meeting the 
                State educational agency's objective to exceed 
                adequate yearly progress.
                  ``(B) Treatment as approved.--Each amendment 
                for which the Secretary fails to take the 
                action required under subparagraph (A) in the 
                time period described in that subparagraph 
                shall be considered to be approved.
          ``(3) Additional amendments.--In addition to the 
        amendments described in paragraph (1), the State 
        educational agency, at any time, may amend its 
        performance agreement if the State educational agency 
        demonstrates, to the satisfaction of the Secretary, 
        that--
                  ``(A) the plan, as amended, will continue to 
                have substantial promise of meeting the 
                requirements of this part; and
                  ``(B) the amendment sought by the State will 
                not substantially alter the original agreement.
          ``(4) Treatment of program funds withdrawn from 
        agreement.--The addition, or removal, of a program to 
        or from the scope of a performance agreement under 
        paragraph (1) shall take effect with respect to the 
        participating agency's use of funds made available 
        under that program beginning on the first day of the 
        first full academic year following the approval of the 
        amendment.

``SEC. 7305. CONSOLIDATION AND USE OF FUNDS.

  ``(a) In General.--
          ``(1) Authority.--Under a performance agreement 
        entered into under this part, a State educational 
        agency may consolidate, subject to subsection (c), 
        Federal funds made available to the State educational 
        agency under the provisions listed in subsection (b) 
        and use those funds for any purpose or use permitted 
        under any of the eligible programs listed in section 
        7305(b), subject to paragraph (3).
          ``(2) Program requirements.--Except as otherwise 
        provided in this part, a State educational agency may 
        use funds under paragraph (1) notwithstanding the 
        requirements of the program under which the funds were 
        made available to the State educational agency.
          ``(3) Continuation awards.--A State educational 
        agency shall make continuation awards for the duration 
        of the grants to recipients of multiyear competitive 
        grants under any of the programs described in 
        subsection (b) that were initially awarded prior to 
        entering into the performance agreement, and shall not 
        consolidate any funds under subsection (b) for any year 
        until after those continuation awards are made.
  ``(b) Eligible Programs.--Only funds made available for 
fiscal year 2002 or any succeeding fiscal year to State 
educational agencies under programs under any of the following 
provisions of law may be consolidated and used under subsection 
(a):
          ``(1) Part A (other than section 1003), subpart 3 of 
        part B, or part F of title I.
          ``(2) Subpart 1 or 3 of part A of title II.
          ``(3) Part A of title III.
          ``(4) Subpart 1 of part A of title IV.
          ``(5) Part A or B of title V.
          ``(6) Any other program under this Act that is 
        enacted after the date of enactment of the No Child 
        Left Behind Act of 2001 under which the Secretary 
        provides grants to State educational agencies to assist 
        elementary and secondary education on the basis of a 
        formula.
  ``(c) Equitable Participation Requirements.--If a State 
educational agency or local educational agency includes in the 
scope of its performance agreement programs described in 
subsection (b) that have requirements relating to the equitable 
participation of private schools, then--
          ``(1) each local educational agency in the State, or 
        the local educational agency, as appropriate, shall 
        determine the amount of consolidated funds to be used 
        for services and benefits for private school students 
        and teachers by--
                  ``(A) calculating separately the amount of 
                funds for services and benefits for private 
                school students and teachers under each program 
                that is consolidated and to which those 
                requirements apply; and
                  ``(B) totaling the amounts calculated under 
                subparagraph (A);
          ``(2) except as described in paragraph (3), all 
        equitable participation requirements, including any 
        bypass requirements, applicable to the program that is 
        consolidated shall continue to apply to the funds 
        consolidated under the agreement from that program; and
          ``(3) the agency may use the amount of funds 
        determined under paragraph (1) only for those services 
        and benefits for private school students and teachers 
        in accordance with any of the consolidated programs to 
        which the equitable participation requirements apply, 
        but may not provide any additional benefits or services 
        beyond those allowable under the applicable equitable 
        participation requirements under this Act.

``SEC. 7306. STATE RESERVATION FOR STATE-LEVEL ACTIVITIES.

  ``(a) State-level Activities.--In order to carry out State-
level activities under the purposes described in section 
7305(a)(1) to exceed, by a statistically significant amount, 
the State's definition of adequate yearly progress, a State 
educational agency that--
          ``(1) includes part A of title I in the scope of its 
        performance agreement, may reserve not more than 5 
        percent of the funds under that part to carry out such 
        activities; and
          ``(2) includes programs other than part A of title I 
        in the scope of its performance agreement, may reserve 
        not more than 10 percent of the funds under those other 
        programs to carry out such activities.
  ``(b) Distribution of Remainder.--A State educational agency 
shall distribute the consolidated funds not used under 
subsection (a) to local educational agencies in the State in a 
manner determined by the State educational agency in accordance 
with section 7307.

``SEC. 7307. DISTRIBUTION OF FUNDS UNDER AGREEMENT.

  ``The distribution of funds consolidated under a performance 
agreement shall be determined by the State educational agency 
in consultation with the Governor of the State, subject to the 
requirements of this part.

``SEC. 7308. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

  ``(a) State Educational Agency.--Subject to section 
7309(e)(1), each State educational agency that has entered into 
a performance agreement under this part may reserve for 
administrative purposes not more than 1 percent of the total 
amount of funds made available to the State educational agency 
under the programs included in the scope of the performance 
agreement.
  ``(b) Local Educational Agency.--Subject to section 
7309(e)(2), each local educational agency that has entered into 
a performance agreement with the Secretary under this part may 
use for administrative purposes not more than 4 percent of the 
total amount of funds made available to the local educational 
agency under the programs included in the scope of the 
performance agreement.

``SEC. 7309. PERFORMANCE REVIEW AND PENALTIES.

  ``(a) Early Termination of Agreement.--
          ``(1) Performance goal failure.--Beginning with the 
        first full academic year after a State educational 
        agency enters into a performance agreement under this 
        part, and after providing the State educational agency 
        with notice and an opportunity for a hearing (including 
        the opportunity to provide information as provided in 
        paragraph (3)), if the State educational agency fails 
        to meet its definition of adequate yearly progress for 
        2 consecutive years, or fails to exceed, by a 
        statistically significant amount, its definition of 
        adequate yearly progress for 3 consecutive years, then 
        the Secretary shall terminate promptly the performance 
        agreement.
          ``(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide information as 
        provided in paragraph (3)), terminate a performance 
        agreement if there is evidence that the State 
        educational agency has failed to comply with the terms 
        of the performance agreement.
          ``(3) Information.--If a State educational agency 
        believes that the Secretary's determination under this 
        subsection is in error for statistical or other 
        substantive reasons, the State educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final early termination determination.
  ``(b) No Renewal if Performance Unsatisfactory.--If, at the 
end of the 5-year term of a performance agreement entered into 
under this part, a State educational agency has not 
substantially met the State's definition of adequate yearly 
progress, then the Secretary shall not renew the agreement 
under section 7310.
  ``(c) Two-Year Wait-Out Period.--A State educational agency 
whose performance agreement was terminated under subsection 
(a), or was not renewed in accordance with subsection (b), may 
not enter into another performance agreement under this part 
until after the State educational agency meets its definition 
of adequate yearly progress for 2 consecutive years following 
the termination or nonrenewal.
  ``(d) Program Requirements in Effect After Termination or 
Nonrenewal of the Agreement.--Beginning on the first day of the 
first full academic year following the end of a performance 
agreement under this part (including through termination under 
subsection (a)) the State educational agency shall comply with 
each of the program requirements in effect on that date for 
each program included in the performance agreement.
  ``(e) Sanctions.--
          ``(1) State sanctions.--If, beginning with the first 
        full academic year after a State educational agency 
        enters into a performance agreement under this part--
                  ``(A) the Secretary determines, on the basis 
                of data from the State assessment system 
                described in section 1111 and data from State 
                assessments under the National Assessment of 
                Educational Progress of 4th and 8th grade 
                reading and mathematics skills, or an 
                assessment described in section 
                7101(b)(1)(B)(ii), for 2 consecutive years, 
                that--
                          ``(i) the State educational agency 
                        has failed to exceed, by a 
                        statistically significant amount, the 
                        State's definition of adequate yearly 
                        progress; and
                          ``(ii) students who are racial and 
                        ethnic minorities, and economically 
                        disadvantaged students, in the State 
                        failed to make statistically 
                        significant progress in the academic 
                        subjects for which the State has 
                        developed State content and student 
                        performance standards,
                then the amount that the State educational 
                agency may use for administrative expenses in 
                accordance with section 7308 shall be reduced 
                by 30 percent; and
                  ``(B) the Secretary determines that a State 
                educational agency fails to make adequate 
                yearly progress as described in subsection (b) 
                of section 7102, the Secretary shall reduce 
                State funds in accordance with such subsection.
          ``(2) Local educational agencies.--If, beginning with 
        the first full academic year after a local educational 
        agency enters into a performance agreement under this 
        part, the Secretary determines, on the basis of data 
        from the State assessment system described in section 
        1111 that a local educational agency failed to exceed, 
        by a statistically significant amount, the State's 
        definition of adequate yearly progress for 2 
        consecutive years, then the amount that the local 
        educational agency may use for administrative expenses 
        in accordance with section 7308 shall be reduced by 30 
        percent.

``SEC. 7310. RENEWAL OF PERFORMANCE AGREEMENT.

  ``(a) In General.--Except as provided in section 7309 (a) and 
(b), and in accordance with this section, the Secretary shall 
renew for 1 additional 5-year term a performance agreement 
under this part if the Secretary determines, on the basis of 
the information reported under section 7304(a)(1)(K), that the 
adequate yearly progress described in the performance agreement 
has been exceeded by a statistically significant amount.
  ``(b) Notification.--The Secretary shall not renew a 
performance agreement under this part unless the 
Stateeducational agency seeking the renewal notifies the Secretary of 
the agency's intention to renew the performance agreement not less than 
6 months prior to the end of the original term of the performance 
agreement.
  ``(c) Effective Date.--A renewal under this section shall be 
effective at the end of the original term of the performance 
agreement or on the date on which the State educational agency 
provides to the Secretary all data and information required 
under the performance agreement, whichever is later, except 
that in no case may there be a renewal under this section 
unless that data and information is provided to the Secretary 
not later than 60 days after the end of the original term of 
the performance agreement.

``SEC. 7311. EVALUATION.

  ``(a) Study.--The Secretary is authorized to award a grant to 
the Comptroller General to conduct a study examining the 
effectiveness of the demonstration program under this part. The 
study shall examine--
          ``(1) the performance of the disaggregated groups of 
        students described in section 1111(b)(2)(C)(iii)(III) 
        prior to entering into the performance agreement as 
        compared to the performance of such groups after 
        completion of the performance agreement on State 
        assessments and the National Assessment of Educational 
        Progress, or an assessment described in section 
        7101(b)(1)(B)(ii);
          ``(2) the graduation rates (as required by section 
        1111(h)(1)(D)(iii)) prior to entering into the 
        performance agreement as compared to the dropout data 
        after completion of the performance agreement;
          ``(3) the ways in which the State educational 
        agencies and local educational agencies entering into 
        performance agreements distributed and used Federal 
        education resources as compared to the ways in which 
        such agencies distributed and used Federal education 
        resources prior to entering the performance agreement;
          ``(4) a comparison of the data described in 
        paragraphs (1), (2), and (3) between State educational 
        agencies and local educational agencies entering into 
        performance agreements compared to other State 
        educational agencies and local educational agencies to 
        determine the effectiveness of the program; and
          ``(5) any other factors that are relevant to 
        evaluating the effectiveness of the program.
  ``(b) Report.--The Secretary shall make public the results of 
the evaluation carried out under subsection (a) and shall 
report the results of the study 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.

``SEC. 7312. TRANSMITTAL OF REPORTS TO CONGRESS.

  ``Not later than 60 days after the Secretary receives an 
annual report described in section 7304(a)(1)(K), the Secretary 
shall make the report available to the Committee on Education 
and the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate.''.
                              ----------                              


24. An Amendment To Be Offered by Representative Hilleary of Tennessee, 
                or a Designee, Debatable for 10 Minutes

  After part A of title IX of the bill, insert the following 
(and redesignate provisions accordingly):

            PART B--EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES

SEC. 921. SHORT TITLE.

  This part may be cited as the ``Boy Scouts of America Equal 
Access Act''.

SEC. 922. EQUAL ACCESS.

  (a) In General.--Notwithstanding any other provision of law, 
no funds made available through the Department of Education 
shall be provided to any public elementary school, public 
secondary school, local educational agency, or State 
educational agency, if the school or a school served by the 
agency--
          (1) has a designated open forum; and
          (2) denies equal access or a fair opportunity to meet 
        to, or discriminates against, any group affiliated with 
        the Boy Scouts of America or any other youth group that 
        wishes to conduct a meeting within that designated open 
        forum, on the basis of the membership or leadership 
        criteria of the Boy Scouts of America or of the youth 
        group that prohibit the acceptance of homosexuals, or 
        individuals who reject the Boy Scouts' or the youth 
        group's oath of allegiance to God and country, as 
        members or leaders.
  (b) Termination of Assistance and Other Action.--
          (1) Departmental action.--The Secretary is authorized 
        and directed to effectuate subsection (a) by issuing, 
        and securing compliance with, rules or orders with 
        respect to a public school or agency that receives 
        funds made available through the Department of 
        Education and that denies equal access, or a fair 
        opportunity to meet, or discriminates, as described in 
        subsection (a).
          (2) Procedure.--The Secretary shall issue and secure 
        compliance with the rules or orders, under paragraph 
        (1), in a manner consistent with the procedure used by 
        a Federal department or agency under section 602 of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000d-1).
          (3) Judicial review.--Any action taken by the 
        Secretary under paragraph (1) shall be subject to the 
        judicial review described in section 603 of that Act 
        (42 U.S.C. 2000d-2). Any person aggrieved by the action 
        may obtain that judicial review in the manner, and to 
        the extent, provided in section 603 of that Act.
  (c) Definitions and Rule.--
          (1) Definitions.--In this section:
                  (A) Elementary school; local educational 
                agency; secondary school; state educational 
                agency.--The terms ``elementary school'', 
                ``local educational agency'', ``secondary 
                school'', and ``State educational agency'' have 
                the meanings given the terms in section 8101 of 
                the Elementary and Secondary Education Act of 
                1965 (as in effect after the effective date of 
                this Act).
                  (B) Secretary.--The term ``Secretary'' means 
                the Secretary of Education, acting through the 
                Assistant Secretary for Civil Rights of the 
                Department of Education.
                  (C) Youth group.--The term ``youth group'' 
                means any group or organization intended to 
                serve young people under the age of 21.
          (2) Rule.--For purposes of this section, an 
        elementary school or secondary school has a designated 
        open forum whenever the school involved grants an 
        offering to or opportunity for 1 or more youth or 
        community groups to meet on school premises or in 
        school facilities before or after the hours during 
        which attendance at the school is compulsory.

SEC. 923. EFFECTIVE DATE.

  Notwithstanding section 5, this part takes effect 1 day after 
the date of the enactment of this Act.
                              ----------                              


25. An Amendment To Be Offered by Representative Velazquez of New York, 
                or a Designee, Debatable for 10 Minutes

  In section 501 of the bill, in section 5123(h) of the 
Elementary and Secondary Education Act of 1965 (as proposed to 
be amended by such section 501), insert after paragraph (2) the 
following:
          ``(3) In-kind contributions.--Each State that 
        requires an eligible entity to match funds under this 
        subsection shall permit such entity to provide all or 
        any portion of such match in the form of in-kind 
        contributions.
                              ----------                              


26. An Amendment To Be Offered by Representative Kirk of Illinois, or a 
                   Designee, Debatable for 10 Minutes

  The amendment as modified is as follows:
  At the end of title VI of the bill, add the following:

SEC. 607. SENSE OF CONGRESS RELATING TO FULL FUNDING OF THE IMPACT AID 
                    PROGRAM.

  (a) Findings.--Congress finds the following:
          (1) More than 90 percent of resources for school 
        districts in the United States are raised from State 
        and local property taxes.
          (2) School districts that are affected by the 
        presence of the Federal government, such as Federal 
        property that is not subject to taxation, must still 
        provide educational services to children who are 
        federally connected by such activities of the Federal 
        government.
          (3) To mitigate this loss of funding, Congress has 
        made ``impact aid'' payments to local educational 
        agencies to reimburse the agencies for the costs of 
        educating federally connected children.
          (4) From 1950 to 1969, Congress provided full funding 
        for the impact aid program to help defray the costs of 
        educating federally connected children.
          (5) For fiscal year 2000, Congress provided only 46 
        percent of the costs of educating federally connected 
        children.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the House of Representatives, Senate, and 
        Administration should work together to provide full 
        funding for the impact aid program in future fiscal 
        years in order to meet the needs of school districts 
        affected by a Federal presence; and
          (2) the full funding of the impact aid program will 
        ensure that federally connected children will continue 
        to receive a quality education.
                              ----------                              


      27. An Amendment To Be Offered by Representative Hoeffel of 
         Pennsylvania, or a Designee, Debatable for 10 Minutes

  In section 5214(b)(1) of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 501 
of the bill, add at the end the following: ``Such a description 
may include how the applicant will provide release time for 
teachers (which may include the provision of a substitute 
teacher).''.
                              ----------                              


28. An Amendment To Be Offered by Representative Cox of California, or 
                  a Designee, Debatable for 20 Minutes

  In part E of title VIII of the Elementary and Secondary 
Education Act of 1965, as proposed to be amended by section 801 
of the bill--
          (1) redesignate section 8520 as section 8521 (and 
        correct any cross-references accordingly); and
          (2) insert after section 8519 the following:

``SEC. 8520. AGGREGATE INCREASE IN AUTHORIZATION OF APPROPRIATIONS FOR 
                    FISCAL YEAR 2002 EQUAL TO 11.5 PERCENT.

  ``Notwithstanding any other provision of this Act--
          ``(1) for fiscal year 2002, the aggregate amount of 
        funds authorized to be appropriated under this Act 
        shall be $20,528,782,360 (representing an increase of 
        11.5 percent over the aggregate amount appropriated for 
        programs under this Act for fiscal year 2001); and
          ``(2) for each subsequent fiscal year covered by this 
        Act, the aggregate amount of funds authorized to be 
        appropriated under this Act shall be the amount 
        appropriated for the preceding fiscal year, increased 
        by 3.5 percent.

                                  
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