[Senate Report 107-7]
[From the U.S. Government Publishing Office]
Calendar No. 23
107th Congress Report
SENATE
1st Session 107-7
_______________________________________________________________________
BETTER EDUCATION FOR STUDENTS
AND TEACHERS ACT
__________
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
to accompany
S. 1
together with
ADDITIONAL VIEWS
March 28, 2001.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
71-390 WASHINGTON : 2001
C O N T E N T S
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Page
I. Purpose and need for legislation.................................1
II. Summary..........................................................4
III. History of legislation and votes in committee...................26
IV. Explanation of bill and committee views.........................35
V. Regulatory impact statement.....................................55
VI. Application of law to the legislative branch....................56
VII. Cost estimate and unfunded mandate statement....................56
VIII.Section-by-section analysis.....................................70
IX. Additional views...............................................146
X. Changes in existing law........................................172
Calendar No. 23
107th Congress Report
SENATE
1st Session 107-7
======================================================================
BETTER EDUCATION FOR STUDENTS AND TEACHERS ACT
_______
March 28, 2001.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 1]
The Committee on Health, Education, Labor, and Pensions,
having had under consideration an original bill (S. 1) to
extend programs and activities under the Elementary and
Secondary Education Act of 1965, and for other purposes,
reports favorably thereon and recommends that the bill do pass.
I. Purpose and Need for Legislation
It is the purpose of the Better Education for Students and
Teachers (BEST) Act to renew, consolidate, and strengthen
programs under the Elementary and Secondary Education Act of
1965 for the next 7 years. The BEST Act represents the most
dramatic change in the Elementary and Secondary Education Act
(ESEA) over the past several decades, and perhaps the entire
35-year life of the act.
Over that period, ESEA has provided the authority for
virtually all Federal support for elementary and secondary
education, and ESEA programs currently receive about $18
billion in Federal funding. Nearly half of these funds are used
on behalf of disadvantaged children under the title I program.
Other important activities supported through ESEA include
professional development, technology, reading and literacy,
bilingual education, safe and drug-free schools, and impact
aid.
Despite the substantial Federal investment over the years,
the results have been mixed. Far too many of our students are
coming to school ill-equipped to learn, and leaving it having
learned far too little. Our students rank near the bottom of
the industrialized world in international tests of mathematics
and science knowledge, and this dismal result disguises an even
greater failing.
``The rising tide of mediocrity'' described by the 1983
Nation at Risk report was and is but a median of mediocrity.
Some schools and some students are doing well, offering and
taking challenging courses and aspiring to and meeting high
standards. But far too many children are not. More than 2 out
of 3 children in our inner cities in the 4th grade cannot read
at the basic level measured by the National Assessment of
Educational Progress.
President George W. Bush has aptly described tolerance of
the status quo as ``the soft bigotry of low expectations.'' His
blueprint for education reform, No Child Left Behind, outlines
a fundamental reform of ESEA that would: increase
accountability for student performance, focus on what works,
reduce bureaucracy and increase flexibility, and empower
parents with more information and choices when schools fail.
President Bush has promised that, ``Bipartisan education
reform will be the cornerstone of my Administration.'' The
Committee on Health, Education, Labor, and Pensions has built a
foundation out from that cornerstone that embraces the
principles of the President's proposal.
By a unanimous vote, the committee adopted the BEST Act,
which will demand greater accountability for student
performance, focus Federal support on a few key priorities,
provide more flexibility, and require real consequences and
wider choices when schools fail our children.
The BEST Act builds on the 1994 reauthorization of ESEA,
which reformed title I by requiring States to establish
challenging student performance and content standards, as well
asassessments aligned to those standards in order to measure
student achievement.
The BEST Act would require States to establish content and
student performance standards in reading, math, history, and
science for all students. In addition, States will have to
develop a plan to ensure that all students, including those who
are racial or ethnic minorities or from low-income families,
become academically proficient over the course of the next
decade.
Progress cannot be divorced from measurement. To ensure
that all students make progress toward and attain the
performance standards developed by a State, the BEST Act would
require States to establish a single, statewide accountability
system that would report results to parents, educators, and the
public.
The central feature of this system will be annual
assessments in mathematics and reading for all students in
grades 3-8, which must be in place by the school year of 2005-
06. In addition, participation in the National Assessment of
Educational Progress (NAEP), which is nearly universal among
States today, would become mandatory on an annual basis for a
sample of 4th and 8th grade students in mathematics and
reading.
Good quality assessments are not inexpensive. The BEST Act
recognizes the additional demands being placed on States and
commits to sharing the burden. The Federal Government would
assume the full cost of administering State assessments under
NAEP, which is now borne by the States, and would fund the
development costs of the additional assessments required by the
BEST Act. In addition, the BEST Act would ensure that the
Federal Government would fund half of the ongoing costs of
assessments required under the Act.
The results of these assessments, both for all students and
for specific groups of students, will be a valuable tool in
educating the public and informing educators. Having 1 set of
standards and assessments for all students in a State will
enable the public to easily compare results and assist
educators in their efforts to continuously improve schools and
the education of our children.
If education reform is to succeed, there must be rewards
for success and consequences for failure. The BEST Act provides
for both. States and schools that demonstrate significant
achievement on both a State's assessment and NAEP will be
eligible for rewards. States and schools serving our lowest-
performing students that fail to make progress will face a
series of corrective measures designed to produce better
results.
If a school receiving funds under title I fails to make
adequate yearly progress as defined by a State for 1 year, it
will be designated as needing school improvement. The school
will be required to work with the local educational agency to
develop a 2-year school improvement plan and, based on the
plan, implement changes in curriculum, professional
development, and other areas as needed.
If at the end of the 2-year period of the school
improvement plan there is still not adequate yearly progress, a
school would be designated as needing corrective action. The
local educational agency would be required to offer public
school choice to students and make alternative governance
arrangements, such as replacing some of the school staff.
If 1 additional year passes and progress is still not made,
the local educational agency would be required to reconstitute
the school by reopening the school as a charter school,
replacing the school staff, or making alternative governance
arrangements.
A parallel set of actions is required of a State with
respect to a failing local educational agency. A school or
local educational agency would need to demonstrate 2
consecutive years of progress to be removed from any of the 3
categories described above.
To assist students and schools, the BEST Act makes a
substantial new commitment to instruction in reading,
mathematics, and science. Support for reading in the early
grades is tripled, and a new early reading for children from
ages 3-5 is created. Funding for technology programs is
consolidated and simplified, and a new mathematics and science
partnership program is created by the legislation.
Education reform cannot succeed without an adequate number
of well-trained teachers. The BEST Act consolidates funding for
the hiring and professional development of teachers to provide
the flexibility to best meet local needs for recruiting,
retaining, and constantly updating the skills of teachers
through high quality professional development, particularly in
mathematics and science.
The Federal Government provides only a small fraction of
overall funding for elementary and secondary education in the
United States. The BEST Act focuses this funding and repeals
the authorizations for several smaller programs. In eliminating
these smaller programs, the Act provides greater flexibility to
parents, schools, and States to adopt the best approach to
improving the education of their children.
But the Federal government must insist that, whatever the
level of its investment in education, it must receive the
highest return possible in the currency of well-educated
children, especially those who are from low-income or minority
families. President Bush has rightly challenged us to ``leave
no child behind.'' The committee has begun the process of
demonstrating that Congress is equal to the challenge.
II. Summary
TITLE I--B BETTER RESULTS FOR DISADVANTAGED CHILDREN
Part A--Basic programs
Overview
The purpose of this title is to improve student
achievement, student performance, and school success by
including tough accountability provisions, expanding resources,
improving technical assistance, and providing mechanisms for
turning around failing schools within 3 years. The last
reauthorization of title I, which occurred in 1994, made major
changes in the program regarding standards, assessment, and
professional development. The provisions contained in the BEST
proposal build upon and significantly expand the 1994 changes.
These new provisions are outlined below.
New Provisions of Part A
State Plan: New provisions include--
Coordination: Title I activities will be coordinated with
activities in other Federal education programs, including the
Individuals with Disabilities Education Act, and the Carl D.
Perkins Vocational and Technical Education Act.
Accountability: Each State plan will be required to
implement a single, statewide accountability system which will
be used for all schools or local educational agencies within
the State. This system will have to include performance
indicators for local educational agencies and schools to
measure student performance. In addition, the State system will
also have to include sanctions and rewards which will be used
to hold local educational agencies and schools accountable for
making adequate yearly progress in the areas of student
achievement and performance.
Adequate Yearly Progress: The State will define adequate
yearly progress using the following criteria--applying the same
high standards of academic performance to all students, the
measures used to determine the progress must be statistically
valid and reliable, results must show continuous and
substantial improvement for all students on an annual basis,
the progress of schools and local educational agencies must be
based on assessments, measuring student achievement and
performance will include all students and will be disaggregated
by race, ethnicity, gender, disability status, migrant status,
English proficiency, and socioeconomic status (this is not
required in any case in which the number of students in a
category is insufficient to yield statistically reliable
information or the results would reveal individually
identifiable information about an individual student), and
establishing a timeline for ensuring that all students meet or
exceed the State's proficient performance level on the State
assessment within 10 years.
Assessments: Each State plan will demonstrate, in
consultation with the local educational agencies, that the
State has in place, by the school year 2005-06, a system of
high quality, yearly student assessments in subjects, that
include, at a minimum math, reading or language arts, and
science (science assessments must be in place at the beginning
of the 2007-2008 school year). The assessments are to be
aligned with the State's content and performance standards.
Beginning in school year 2005-06, all students in grades 3
through 8 must be tested annually in mathematics and reading or
language arts. The Secretary of Education may provide the State
1 additional year if the State demonstrates that exceptional or
uncontrollable circumstances prevented full assessment
implementation. The Federal government will be required to pay
all development costs associated with the new State assessment
requirements and will be required to pay 50 percent of all
State implementation costs. If the required Federal funding
share is not appropriated, States will not have to comply with
the new assessment requirements. States will also be required
to produce individual student reports, which will be given to
all parents, regarding the assessment scores or other
information related to student performance.
NAEP: Beginning in school year 2002-03, each State will be
required to participate in annual State assessments of 4th and
8th grade reading and math under the National Assessment of
Educational Progress if the Secretary of Education pays the
costs of administering such assessments. No sanctions would be
levied against a State based solely on the results of its NAEP
assessment.
Parental Involvement: Each State plan will describe how the
State will disseminate effective parental involvement practices
to local educational agencies and schools.
Penalty: If a State fails to meet the statutory deadlines
for demonstrating it has in place challenging content and
student performance standards, and a system for measuring and
monitoring adequate yearly progress, the Secretary will
withhold funds for State administration.
Report Cards: Beginning in the 2002-03 school year, any
State and local educational agency receiving funding under the
Better Education for Students and Teachers Act will be required
to prepare and disseminate an annual State report card. Any
State or local educational agency that has been providing
report cards (prior to enactment of BEST) may continue to use
those same report cards if they are modified to contain the
information required under BEST. The required information
includes: disaggregated student data, the number and names of
each school identified for school improvement, and student
assessment results. This information must be presented in a
manner that parents can understand.
Annual State Report to the Secretary: Each State must
report annually to the Secretary its progress in development an
implementing required assessments, the number and names of each
school identified for school improvement, the reason why such
school was so identified, and the measure taken to address the
performance problems of such school, in addition to the
information required in the report cards.
Parents Right To Know: Each local educational agency
receiving title I funding will, upon request from parents,
provide information regarding the professionalqualifications of
the student's classroom teachers. In addition, each school
receiving title I funding must provide parents with information
on the level of performance of their children in each State
assessment. All information provided to parents must be in an
understandable and uniform format.
Local Educational Agency Plan: New provisions include--
Coordination: Title I activities will be coordinated with
activities in other Federal education programs including the
Individuals with Disabilities Education Act, the Carl Perkins
Vocational and Technical Education Act, and the Head Start Act.
Assurances: Several new assurances have been included
within the local educational agency plan. Each local
educational agency (LEA) plan will:
(a) undertake activities so that each school can make
adequate yearly progress;
(b) fulfill school improvement responsibilities;
(c) coordinate with other agencies providing services
to children, youth, and families;
(d) ensure that low-income students and minority
students are not taught at higher rates than other
students by unqualified, out-of-field, or inexperienced
teachers;
(e) use the results of student assessments and other
measures to annually review the progress of each
school; and
(f) work with schools in the development and
implementation of parental involvement and professional
development activities.
Schoolwide Programs: New provisions include--
Eligibility: A local educational agency may use funds for a
schoolwide program to upgrade its entire educational program if
the LEA serves an eligible school attendance area in which not
less than 40 percent of the children are from low-income
families or not less than 40 percent of the children enrolled
in the school are from such families.
Fiscal Accounting: Any school that is using funds from more
than one Federal education program in the operation of its
schoolwide program will not be required to maintain separate
fiscal accounting records by program, so long as the school
maintains records that demonstrate the schoolwide program
addresses the intent and purpose of each Federal program for
which funding is consolidated.
Pupil Safety and Family School Choice: New provisions include--
Conditions for student participation are:
(a) any title I student who is a victim of a violent
criminal offense on public school grounds will be
allowed to transfer to another public school or charter
school in the same State, unless allowing such transfer
is prohibited under State or local law; or
(b) if the school the student attends receives title
I funds and the school has been designated as unsafe,
then the local educational agency may allow such
student to transfer to another public or charter school
in the same State.
State Educational Agency Role: The State educational agency
will determine, based on State law, what constitutes a violent
offense and will determine the schools that are unsafe public
schools.
Transportation Costs:
(a) the local educational agency serving the school
in which a violent criminal offense occurred or which
is determined to be unsafe may use title I funds for
the transportation costs of a student who transfers to
another school.
(b) the amount of assistance provided for
transportation with title I funds may not exceed the
per pupil costs for elementary or secondary students as
provided by the local educational agency that serves
the school involved in the transfer.
Assessment and Local Educational Agency and School Improvement: New
provisions include--
Local Review: Each local educational agency receiving title
I funds will: use the State assessments described in the State
plan; review the annual progress of each school served to
determine whether the school is making adequate progress in
meeting the State standards; provide the results of the local
annual review to schools so the schools can refine their
instruction program; and annually review the effectiveness of
parental involvement activities.
School Improvement:
(a) Identification--A local educational agency will
identify for school improvement any elementary or
secondary school participating in title I, part A
activities that--
(i) fails, for any year, to make adequate
yearly progress as defined in the State's plan;
or
(ii) was in school improvement status on the
day preceding the date of enactment of the BEST
Act.
(b) Review Opportunity--Before identifying an
elementary school or a secondary school for school
improvement, the local educational agency will provide
the school with an opportunity to review the data on
whichthe identification was based.
(c) School Plan--Each school identified for school
improvement, within 3 months after being identified,
must develop a 2-year school plan, in consultation with
parents, school staff, the local educational agency
serving the school, the local school board, and other
experts. The plan will contain the following key
elements:
(i) scientifically based research strategies
that strengthen the core academic subjects;
(ii) policies and practices that have the
greatest likelihood of ensuring that all
students will meet the State's proficient level
of performance on the State assessment within
10 years after enactment of BEST;
(iii) an assurance that the school will
reserve not less than 10 percent of the funds
made available to the school for professional
development;
(iv) the responsibilities of the school, the
local educational agency, and the State
educational agency serving the school;
(v) strategies to promote effective parental
involvement.
(d) Technical Assistance--For each school identified
for school improvement, the local educational agency
serving such school will provide technical assistance.
(e) Parental Notification--A local educational agency
will provide to parents of each student enrolled in a
school identified for school improvement: an
explanation of what the school improvement
identification means; the reasons for the
identification; an explanation of what the school,
local educational agency, or the State educational
agency is doing to address the problem; and an
explanation of how parents can become involved in
addressing issues.
(f) Corrective Action Implementation--After providing
technical assistance to a school identified for school
improvement, the local educational agency will take
corrective action for any school within the local
educational agency that--
(i) fails to meet adequate yearly progress at
the end of the second year after which the
school has been identified as needing
improvement; or
(ii) was in program-improvement status for 2
years or in corrective action status on the day
preceding enactment of this bill;
(g) Corrective Action Policies--After a school is
identified as needing improvement, the local
educational agency will--
(i) provide all students enrolled in the
school with the option to transfer to another
public school within the local educational
agency, including a public charter school that
is not in need of school improvement, unless:
such an option is prohibited by State law or
local law; or the local educational agency
demonstrates that the local educational agency
lacks the capacity to provide that option to
all students in the school who request the
transfer; and
(ii) take at least 1 of the following
corrective actions: make alternative governance
arrangements; replace the relevant school
staff; or institute and fully implement a new
curriculum.
(h) Corrective Action Exemption--A local educational
agency may delay, for up to 1 year, implementation of
corrective action if the school's failure to make
adequate yearly progress was due to exceptional or
uncontrollable circumstances.
(i) Reconstitution--If, after 1 additional school
year, a school subject to corrective action continues
to fail to make adequate yearly progress, the local
educational agency will--
(i) provide all enrolled students in the
school with the option to transfer to another
public school within the local educational
agency, including a public charter school, not
identified for school improvement; and
(ii) prepare a plan and make arrangements for
implementing alternative governance
arrangements for the school.
(j) Reconstitution Transportation and Duration--The
local educational agency will pay for transportation as
a result of corrective action and reconstitution, but
the payments will not exceed 15 percent of the local
educational agency's allocation under title I, part A.
If any school identified for reconstitution makes
adequate yearly progress for 2 consecutive years, then
the local educational agency will no longer be required
to subject the school to corrective action.
(k) State Educational Agency (SEA) Responsibilities--
The State educational agency will provide technical
assistance to all identified schools needing school
improvement and corrective action.
(l) State Review and Local Educational Agency
Improvement--A State educational agency will annually
review each local educational agency receiving title I,
part A funds to determine its progress and to determine
the effectiveness of its professional development and
parental involvement activities.
(m) State Rewards--If a local educational agency has
met or exceeded the State's definition of adequate
yearly progress, the State may make rewards for
individual schools within the local educational agency
meeting or exceeding expectations.
(n) State Identification--A State educational agency
will identify for improvement any local educational
agency that for 2 consecutive years is not making
adequate yearly progress. Before identifying a local
educational agency, the State educational agency will
provide the localeducational agency with an opportunity
to review the data.
(o) Local Educational Agency Revisions--Each local
educational agency identified as needing improvement
will revise their plan to: address yearly progress
requirements; incorporate scientifically based research
strategies; address professional development needs, and
parental notification about the local educational
agency's need for improvement.
(p) State Educational Agency Technical Assistance
Responsibility--For each local educational agency
needing improvement, the State educational agency will
provide technical assistance to the local educational
agency. Such assistance must be supported by
scientifically based research instructional strategies
and must address any problems the local educational
agency may be having in implementing parental
involvement and professional development activities.
(q) State Educational Agency Corrective Action--After
providing technical assistance and taking other
measures, the State educational agency may take
corrective action at any time against a local
educational agency identified as needing improvement.
However, during the fourth year following
identification, the State educational agency will take
action against any local educational agency that still
fails to make adequate yearly progress.
(r) State Educational Agency Required Action--Each
State educational agency will implement at least one of
the following corrective actions:
(i) instituting and implementing a new
curriculum;
(ii) restructuring the local educational
agency;
(iii) developing and implementing a joint
plan between the State educational agency and
the local educational agency that addresses
student performance problems;
(iv) reconstituting school district
personnel;
(v) making alternative governance
arrangements.
(s) State Educational Agency Allowable Action--Each
State educational agency may take 1 of the following
corrective actions:
(i) deferring, reducing, or withholding
funds;
(ii) restructuring or abolishing the local
educational agency;
(iii) removal of particular schools from the
local educational agency jurisdiction;
(iv) appointment by the State educational
agency of a receiver or a trustee to oversee
the local educational agency.
(t) State Hearing--Prior to corrective action
implementation, the State educational agency will
provide the local educational agency with the
opportunity to hold a hearing.
(u) Parental Notification--The State educational
agency will notify parents about any corrective action
the State educational agency may take.
(v) Delay--A State educational agency may delay, for
1 year, implementation of corrective action if the
State educational agency determines that the schools
within the local educational agency will meet the
State's improvement criteria within 1 year.
(w) Special Rule--If local educational agencies that
for at least 2 of the 3 years following identification
make adequate progress toward meeting the State's
standards, then those agencies no longer need to be
identified for improvement.
Early Childhood Education: A local educational agency may
use title I, part A funds for preschool services. Early
childhood education programs may jointly operate with Even
Start, Head Start, or State-funded preschool programs.
Funding: A funding level of $15 billion is authorized for
part A for fiscal year 2002.
Part B--Literacy for children and families
Subpart 1--William F. Goodling Even Start Family Literacy
programs
The William F. Goodling Even Start Family Literacy program
is designed to improve the educational opportunities for low-
income families by integrating early childhood, adult basic
education, and parenting education into a unified family
literacy program. The Secretary of Education awards grants to
State educational agencies through a formula allocation. The
State educational agencies distribute the funds to local
educational agencies that form a collaboration with a community
based organization, an institution of higher education, or
another agency or nonprofit organization. This collaboration
will provide joint education programs to serve children and
their parents.
Even Start program services must include adult literacy
instruction, early childhood education, instruction to help
parents support their child's education, staff training, and
home-based instruction. Child care and transportation may be
provided if these services are necessary and other funding
sources are not available.
Even Start grants are geared for areas with high rates of:
poverty, illiteracy, unemployment, families of limited-English
proficiency, or disadvantaged children. Grants are awarded for
a 4-year period and may be renewed for up to 4 additional
years.
In 2000, Congress amended the Even Start law by passing the
Literacy Involves Families Together (LIFT) Act as part of the
fiscal year 2001 omnibus appropriations bill (Public Law 106-
554.)
The following amendments were made to Even Start:
(a) extended the authorization for the program
through fiscal year 2006;
(b) increased the fiscal year 2001 authorization to
$250 million;
(c) strengthened the accountability requirements for
local projects;
(d) encouraged the use of family literacy in title I
schools; and,
(e) set standards for Even Start staff who are
providing instructional services.
A funding level of $250 million is authorized for fiscal
year 2002.
Subpart 2--Reading first
It is the purpose of this subpart to provide assistance to
States, local educational agencies, schools, and teachers to
help all children in kindergarten through third grade become
proficient readers by the end of third grade.
The Secretary is authorized to distribute 75 percent of the
funds to the States and the District of Columbia based on the
formula for title I, part A. The remaining 25 percent of funds
are to be distributed to the States on a competitive basis. The
competitive grants are to be made based primarily on a State's
demonstration of significant progress in helping all children
read at a proficient level. State applications for both the
formula and competitive funds are subject to a peer review
process that is described in the bill. With funds from both
sources, a State must distribute funds to local educational
agencies through a competitive process. The bill contains
criteria describing which local educational agencies are
eligible to apply to the State.
Funds are also reserved for the Secretary to provide
technical assistance to the States and to evaluate the programs
supported by this subpart and for the National Institute for
Literacy to disseminate information about reading research and
effective programs supported under this subpart.
This new program builds upon the Reading Excellence Act,
which has provided competitive grants to states for similar
purposes. As in the Reading Excellence Act, all reading-related
activities supported with these funds must be based on
``scientifically based reading research,'' as this term is
defined in the bill. The bill defines how funds can be used at
the local level, including: purchasing, implementing, or
developing diagnostic reading assessments, professional
development, materials (including reading materials), training
of tutors, and assisting parents to support their children's
reading development.
States are authorized to use up to 20 percent of the funds
they receive under the formula grants for professional
development, technical assistance, and administering the
program.
A funding level of $900 million is authorized for subpart 2
in fiscal year 2002.
Subpart 3--Early reading first
It is the purpose of this subpart to demonstrate effective
approaches for improving the early language and literacy skills
of children aged 3 through 5. The Secretary is authorized to
award 4-year competitive grants to local education agencies,
organizations serving preschool age children, or combinations
of such agencies and organizations.
An eligible applicant must to apply to the Secretary to
receive funding under this program, and the bill contains
several required elements of an application. The Secretary
would award grants on the basis of a peer review process. The
National Institute for Literacy, with funding it receives under
the Reading First proposal, would disseminate information
regarding effective programs funded under this subpart.
The Secretary of Education is authorized to reserve funds
from the amount appropriated for this subpart to carry out an
evaluation of the funded projects and carry out research on
language and literacy development for children aged 3 through
5.
A funding level of $75 million is authorized for subpart 3
in fiscal year 2002.
Part C--Education of migratory children
The Migrant Education program provides grants to State
educational agencies to develop or improve educational programs
for migrant students. Most migrant programs are administered by
local educational agencies and operate during both the regular
school year and in the summer. Priority for services is given
to current migrant students and to students who are failing, or
at greatest risk of failing, to meet State performance
standards.
Funds are distributed through a formula which is based on
the number of migrant children residing in the State. The
number is then adjusted to the average per-pupil expenditure
for both the State and the United States.
The bill builds upon current law to ensure that migratory
children have the opportunity to attain high levels of
educational excellence. The bill:
(a) includes language ensuring that migratory
children who move among the States are not penalized in
any manner by disparities, among the States in
curriculum, graduation requirements, and State student
performance and content standards;
(b) adds a provision which ensures that migratory
children receive full and appropriate opportunities to
meet the same challenging State standards that all
children are expected to meet;
(c) includes a requirement to have joint planning
efforts between migrant education programs and
bilingual education;
(d) includes provisions emphasizing the importance of
parental involvement and the parent advisory councils;
(e) establishes an information system for
electronically exchanging migrantstudent information
which may include: immunization records and other
health information; elementary and secondary academic
history; credit accrual; State assessment results;
other academic information essential to ensuring that
migrant children achieve high standards; and
eligibility for services under the Individuals with
Disabilities Education Act; and
(f) requires schools which receive Federal migrant
education funding, even those which have chosen to
participate in schoolwide programs, to first attend to
the very special needs of this population which are a
direct result of their migratory lifestyle by funding
services and activities which will help them
participate effectively in school, before putting
migrant education funds into schoolwide programs.
A funding level of $400 million is authorized for fiscal
year 2002 to carry out part C activities.
Part D--Initiatives for neglected, delinquent, or at-risk students
This program primarily serves youth who have been assigned
to institutional facilities. The purpose of the program is to
provide those youth with the opportunity to make a successful
transition from institutionalization to further schooling or
employment. A funding level of $50 million is authorized for
part D for fiscal year 2002.
Part E--Evaluations and demonstrations
The BEST Act retains current law provisions. A funding
level of $35 million is authorized for evaluations and
demonstrations for fiscal year 2002.
Part F--21st Century Community Learning Centers
The 21st Century Community Learning Centers program
provides grant support to rural and inner city public
elementary or secondary schools, or consortia of such schools,
to plan, implement, or expand projects that benefit the
educational, health, social service, cultural, and recreational
needs of a rural or inner-city community. The BEST bill makes
some revisions to current law by placing an emphasis on
academic enrichment programs and also allowing community based
organizations and units of general purpose local government to
be awarded grants along with local educational agencies. The
grant process would continue to be a competitive process. A
funding level of $1.5 billion is authorized for part F for
fiscal year 2002.
Part G--Comprehensive School Reform
The BEST Act includes the Comprehensive School Reform
program, often referred to as ``Obey-Porter.'' It authorizes
the Secretary to award grants to State educational agencies by
formula to enable them to make competitive grants to local
educational agencies to carry out scientifically based research
programs that emphasize academics and parental involvement. A
funding level of $250 million is authorized for part G for
fiscal year 2002.
Part H--School dropout prevention
Part H authorizes 2 activities designed to provide for
school dropout prevention and reentry. Subpart 1 provides for a
Coordinated National Strategy under which the Secretary of
Education is authorized to conduct national activities
including: (1) data collection regarding participation in
Federal dropout prevention and school reentry programs; (2)
establishment of an interagency working group to address
dropout prevention and school reentry issues; and (3) creation
of a national recognition program for schools that have made
extraordinary progress in lowering dropout rates. Ten percent
of the funding made available for part H is allocated for
subpart 1 activities.
Subpart 2 provides for a National School Dropout Prevention
Initiative to provide assistance to States. If the sum that is
appropriated is less than $250 million, then the Secretary of
Education will use such an amount to award grants on a
competitive basis, to State educational agencies. If the amount
appropriated is equal to or exceeds $250 million, then the
Secretary will allocate funds to the States through the formula
established under title I, part A. States are to use subpart 2
funds to award grants to public middle or secondary schools
that have the highest dropout rates in the State for the
purpose of supporting dropout prevention programs. Ninety
percent of the funding made available for part H is allocated
for subpart 2 activities.
A State receiving part H funds must provide dropout rate
information to the Secretary, establish attendance-neutral
funding policies, and adopt suspension and expulsion policies.
A funding level of $250 million is authorized for part H
for fiscal year 2002.
Education for Homeless Children and Youth
The Education for Homeless Children and Youth program,
authorized as Subtitle B of the Stewart B. McKinney Homeless
Assistance Act, is extended through fiscal year 2008. The
program provides for: the establishment of Offices of
Coordinator of Education of Homeless Children and Youth in
States; the development and implementation of State plans for
the education of homeless children; and support to local
educational agencies for the education of these children. The
reauthorization bill strengthens provisions of the current law
designed to avoid segregating homeless students, to maintain a
child's attendance at his or her school or origin, to avoid
enrollment delays, and to assure that the quality of an
application is considered in the provision of subgrants to
local educational agencies. A funding level of $70 million is
authorized for fiscal year 2002.
TITLE II--TEACHERS
Part A--Teacher quality
Part A of title II consolidates funds and authorities from
the existing Eisenhower Professional Development and Class Size
Reduction programs in order to provide greater flexibility for
States and localities in meeting their specific needs related
to the professional development, recruitment, and hiring of
highly qualified teachers.
Definitions: ``Professional development'' is strictly
defined in the bill in order to assure that professional
development activities supported under part A are an integral
part of educational improvement plans, are sustained, are tied
to State standards, and are based on the best available
research. ``Highly qualified'' as the term pertains to teachers
is also defined.
State and Local Grant Funds: States will be held harmless
at their fiscal year 2001 funding allocations under the current
Eisenhower and the Class Size Reduction programs. Remaining
funds will be distributed by a formula based 50 percent on
poverty and 50 percent on population. A State may reserve 5
percent of funds for State-level activities and local
partnership activities, and the remaining 95 percent of funds
must be distributed by formula to local educational agencies.
State Activities: States may use funds for a range of
activities relating to the certification, recruitment,
professional development, and support of teachers. Examples of
such activities include: reforming teacher certification or
licensing requirements; addressing alternative routes to State
certification of teachers; recruiting teachers and principals;
providing professional development activities to ensure that
teachers are able to use State standards and assessments to
improve instruction; and reforming tenure systems.
Local Activities: Local educational agencies may use funds
for the professional development, recruitment, or hiring of
teachers. To receive funds, the local educational agency must
assess its needs for professional development and hiring and
develop an evaluation plan.
Local Accountability: The evaluation plan of a local
educational agency must include performance objectives related
to: student achievement, participation in professional
development activities, teacher retention, and decreased use of
out-of-field teachers. The local educational agency must report
annually to the State regarding its progress and will receive
technical assistance from the State if it fails to make
progress by the end of the third year of funding. If the local
educational agency does not make progress by the end of 5
years, it will be ineligible for part A funding for 2 years.
Funds which would otherwise be allocated to the local
educational agency will be used instead by the State to assist
the agency to meet performance objectives.
Local Partnerships: The funds reserved for local
partnerships will be awarded competitively by the State agency
for higher education, working in conjunction with the State
educational agency. Eligible partnerships must include a
private or State institution of higher education and the
division of that institution that prepares teachers; a school
of arts and sciences; and a high-need local educational agency.
Eligible partnerships may also include other entities.
Partnerships are to use funds for professional development for
teachers, paraprofessionals and, if appropriate, principals.
Activities must be coordinated with title II of the Higher
Education Act, if applicable.
National Activities: The BEST Act authorizes support for 5
national activities:
(1) School Leadership Initiative: This program will
ensure that funds for professional development will be
available to principals, superintendents, and others to
enhance their leadership and management skills.
(2) Advanced Certification or Credentialing: This
program provides funds to the National Board for
Professional Teaching Standards to make grants to State
educational agencies, local educational agencies, and
individuals to promote outreach, recruit teachers, or
provide for teacher subsidies.
(3) Troops-to-Teachers: This program has proven to be
effective in recruiting former military personnel as
classroom teachers.
(4) Transition to Teaching: This program will help
recruit, prepare, and support mid-career professionals
to become highly qualified teachers.
(5) National Teacher Recruitment Campaign: This
program will support a national Public service campaign
concerning the resources for and routes to entering
teaching.
Funding: A funding level of $3 billion is authorized for
this part for fiscal year 2002, of which $100 million will be
available to carry out national activities. A separate
authorization of $3 million in fiscal year 2002 is provided for
a National Teacher Recruitment Campaign.
Part B--Mathematics and science partnerships
Part B includes new initiatives designed to improve student
achievement in the areas of mathematics and science by
strengthening the training and recruitment of highly qualified
math and science teachers.
Subpart 1--Mathematics and science partnerships
Grant Awards to Partnerships: Subpart 1 authorizes the
award of 5-year competitive, matching grants to partnerships
linking the math and science departments of institutions of
higher education with States and local school districts.
Priority is given to partnerships involving a high-need local
educational agency. The Federal share is 75 percent in year 1,
85 percent in year 2, and 50 percent in years 3 through 5.
Application Requirements: Applications must include: an
assessment of needs for teacherquality and professional
development for all participating entities; a description of
how activities will be aligned with State and local standards;
and a description of how activities will be based on a review
of relevant research. Applications must also include an
evaluation and accountability plan which includes objectives
and measures for improved student performance; increased
student participation in advanced courses; increased
percentages of secondary school classes in math and science
taught by teachers with academic majors in those subjects; and
increased numbers of math and science teachers who participate
in content-based professional development activities
Partnership Activities: An eligible partnership shall use
grant funds for 1 or more of the following activities:
developing more rigorous math and science curricula aligned to
State and local standards and with the standards expected for
postsecondary study in mathematics and science, respectively;
creating opportunities for enhanced and ongoing professional
development; recruiting math and science majors to teaching;
promoting strong teaching skills for math and science teachers
and teacher educators; establishing math and science summer
workshops or institutes for teachers; establishing distance
learning programs for math and science teachers; designing
programs to prepare a teacher to provide professional
development to other teachers and novice teachers; and
designing programs to bring teachers into contact with working
scientists.
Accountability: Grant recipients must report annually to
the Secretary regarding their progress in meeting performance
objectives. If the Secretary determines that a grantee is not
making substantial progress in meeting those objectives by the
end of the third year of the grant, then no further grant
payments will be made.
Funding: A funding level of $500 million is authorized for
this subpart for fiscal year 2002.
Subpart 2--Eisenhower Clearinghouse for Mathematics and
Science Education
Subpart 2 of part B provides for the continuation of the
Eisenhower Clearinghouse for Mathematics and Science Education.
The functions of the Clearinghouse are expanded to include the
development of an Internet-based site offering a search
mechanism and including electronic links to users and providers
of instructional materials and programs. Not later than 2 years
after the enactment of this Act, the National Academy of
Sciences is to conduct a study of the Clearinghouse and submit
its report to Congress. A funding level of $5 million is
authorized for this subpart for fiscal year 2002.
Subpart 3--Preparing tomorrow's teachers to use technology
Grant Awards to Consortia: This subpart authorizes 5-year
competitive grants to consortia to support programs preparing
teachers to use technology effectively. Funds must be used to
create programs that enable prospective teachers to use
advanced technology to create learning environments where all
students are prepared to meet challenging State standards. The
Federal share of any project shall not exceed 50 percent.
Consortia: Eligible consortia must include at least 1
institution of higher education that offers a baccalaureate
degree and prepares teachers for their initial entry into
teaching, at least 1 State or local educational agency, and 1
or more of: a second institution of higher education, a school
or department of education at an institution of higher
education, a school or college of arts and sciences at an
institution of higher education, a professional association,
foundation, museum, library, for-profit business, public or
private nonprofit organization, community-based organization,
or other entity with the capacity to contribute to the
technology-related reform of teacher preparation programs.
Use of Funds: Consortia must use the funds to create
programs that enable prospective teachers to use advanced
technology to create learning environments conducive to
preparing all students to meet standards and to evaluate the
effectiveness of the project. The Act includes a number of
permissive uses of funds as well.
Funding: A funding level of $150 million is authorized for
this subpart for fiscal year 2002.
Subpart 4--General provisions
Subpart 4 of part B provides that the Secretary of
Education must consult and coordinate activities under part B
with the Director of the National Science Foundation,
particularly with respect to the most appropriate and effective
role each of their agencies can play with respect to summer
workshops or institutes.
Part C--State and local programs for technology use in the classrooms
Part C consolidates several Federal educational technology
programs into a single funding authority in order to provide
States and localities with greater flexibility in meeting their
specific technology needs.
Purpose: Part C is intended to support a comprehensive
system to use technology effectively in elementary and
secondary schools to improve student academic achievement and
performance. The goal of the part is to assist every child in
crossing the digital divide by ensuring that every child is
technologically literate by the time the child finishes the 8th
grade.
State and Local Grant Funds: The Secretary, through the
Office of Educational Technology, awards grants to State
educational agencies to be used for competitive grants to local
educational agencies. The Secretary shall reserve sufficient
funds to maintain grants awarded under the National Challenge
Grants for Technology in Education prior to the enactment of
the Better Education for Students and Teacher Act. Each State
educational agencywill receive a grant based on the title I
formula. A grant recipient under part C may use no more than 5
percent of grant funds for administrative costs or technical
assistance. At least 30 percent of local educational agency
funds must be used for professional development.
State Activities: A State educational agency must submit a
statewide educational technology plan that outlines long-term
strategies for improving student performance and achievement
through the effective use of technology, for financing and
coordinating technology education in the State, and for
enabling the State educational agency to assist local
educational agencies with the highest numbers or percentages of
children in poverty and which demonstrate the greatest need for
technology. The State educational agency awards competitive
grants to local educational agencies with priority given to
agencies with the highest numbers or percentages of children in
poverty in both rural and urban areas and must provide
technical assistance to local educational agencies that most
need assistance in developing the application.
Local Activities: A local educational agency must apply,
alone or as part of a consortium, to the State educational
agency for assistance under part C. Local educational agencies
may use part C funds to support school reform efforts, provide
ongoing professional development on the integration of
technology into the curriculum, acquire connectivity; and
provide educational services for adults and families.
Local Accountability: Each local educational agency
receiving funds under part C must develop an evaluation and
submit an annual report to the State educational agency. If a
local educational agency has failed to show measurable
improvements in all performance measures by the end of the
third year of funding, it will not receive funds for the
remaining grant years.
National Technology Plan: The Secretary, in consultation
with a wide range of individuals and organizations, must
prepare a national long-range plan to support the national
technology policy. The plan is to be submitted to the President
and to the appropriate committees of Congress and is to be made
readily accessible to the public. The plan must include the
Secretary's long-range measurable goals and objectives relating
to the purposes of part C and descriptions of the ways in which
the Secretary will coordinate efforts to facilitate the
effective use of technology to promote increased access to
educational opportunities for all students and higher academic
achievement and performance in education, training, and
lifelong learning.
Funding: A funding level of $1 billion is authorized for
part C for fiscal year 2002.
Part D--Portability of teacher pensions and credentials
Part D authorizes the establishment of a 9-member National
Panel of Portability of Teacher Pensions and Credentials.
Members are to be appointed by the Secretary from among
practitioners and experts with experience relating to teacher
pensions and credentials. The panel is to study options for
increasing reciprocity of recognition of teacher credentials
and portability of teacher pensions between States. Such sums
as necessary are authorized for fiscal year 2002, to remain
available until expended.
title iii--moving limited english proficient students to english
fluency
Part A--Bilingual education
The Bilingual Education program is designed to provide
educational assistance to students with limited English
proficiency to meet challenging State standards. The BEST Act
makes several changes to the program. The key changes are--
Program Development and Implementation Grants: This program
has been repealed and the purposes of this initiative have been
woven into other programs under this subpart.
Program Enhancement Projects: Grants will be used for:
developing, implementing, expanding, or enhancing comprehensive
preschool, elementary, or secondary education programs for
limited English proficient children and youth; providing high
quality professional development; and annually assessing the
English proficiency of all limited English proficient students.
In awarding grants, the Secretary of Education may give
priority to an entity that serves less than 10,000 students; a
large percentage or number of limited English proficient
students; and limited or no experience in serving English
proficient students.
Comprehensive School and Systemwide Improvement Grants: The
BEST bill combines these two programs (under current law) into
one program. Grants awarded under this program will be used for
an array of purposes including: instructional programs for
limited English proficient students; professional development;
and implementation of family education or parent outreach
programs. One-third of the grants awarded under this section
will be awarded to school districts and two-thirds will be used
for school activities.
Priority: In awarding all Bilingual Education grants, the
Secretary of Education will give priority to an applicant who:
experiences a dramatic increase in the number or percentage of
limited English proficient students enrolled in the applicant's
program and has limited or no experience in serving limited
English proficient students; is a local educational agency that
serves a school district with a total district enrollment that
is less than 10,000 students; demonstrates a proven success
record in helping limited English proficient students; proposes
programs providing for bilingual proficiency both in English
and another language; or serves a school district where there
is a large percentage or number of limited English students. In
addition, the 25 percent limitation for special alternative
programs has been deleted.
State Grant Program: The State grant program assists local
educational agencies with program design, capacity building,
student performance assessment, and program evaluation. The
bill increases the minimum funding level from $100,000 to
$200,000.
Funding: A funding level of $300 million is authorized for
fiscal year 2002.
Part B--Foreign language assistance
The Foreign Language Assistance Program provides
competitive grant assistance to State or local educational
agencies to provide foreign language study for elementary and
secondary school students. Incentive payments are authorized as
well for schools that offer programs designed to lead to
communicative competency in a foreign language. The BEST Act
adds provisions giving special consideration to grant
applications which make effective use of technology, promote
innovative activities, or are carried out through a consortium
including the grantee and an elementary or secondary school. A
funding level of $35 million is authorized for fiscal year
2002.
Part C--Emergency immigrant education
The Emergency Immigrant Education program provides funds to
local educational agencies that experience unexpectedly large
increases in their student populations due to immigration to
assist with the education of those students. A funding level of
$200 million is authorized for fiscal year 2002.
title iv--safe and drug-free schools and communities
Part A--State grants
Purpose: It is the purpose of this part to support programs
that: prevent violence in and around schools; prevent the
illegal use of alcohol, tobacco and drugs; involve parents; and
are coordinated with related Federal, State, and community
efforts. This part also establishes Principles of Effectiveness
and increases the use of research-based programs. States are
provided with greater flexibility in preventing violence and
drug use.
State and Local Grants: The State application must include:
a comprehensive plan for use of funds under the Governor's
program and the State Department of Education's program; a
needs assessment; and results of ongoing evaluation activities.
The bill reserves 80 percent of the funds to be available to
States for State support and local educational agency grants.
State and local programs must implement scientifically based
research initiatives. State educational agencies may use up to
5 percent of funds for technical assistance and up to 5 percent
for administration.
State educational agencies may choose between two options
for allocating remaining funds to local educational agencies:
(1) provide at least 70 percent to schools based on enrollment
and up to 30 percent allocated at a State's discretion or to
schools the State determines to have the greatest need; or (2)
provide up to 70 percent on a competitive basis to those
schools with the greatest need, determined by the State, and 30
percent to those schools the State determines require
additional help, but who may not meet ``greatest need''
criteria. This would allow States to choose and define a
competitive or baseline minimum grant system and still allow
them to help those schools that could not compete under that
system, if they choose.
The bill also reserves 20 percent of a State's allocation
for Governors' Programs of which not less than 95 percent of
the funds must be used for scientifically based research
activities. The bill allows Governors to add their money to the
funds being sent to schools and communities.
Local Educational Agency Grants: In submitting their
applications, local educational agencies must include a needs
assessment, set measurable goals, and describe how they will
utilize scientifically based research activities.
Evaluations and Reporting: The bill requires the Secretary
of Education to consult with a newly created National Advisory
Committee in creating an evaluation to measure the
effectiveness of the program.
Parental Involvement: In the application, use of funds, and
evaluation sections, the bill emphasizes the importance of
ensuring that parents are involved, so that they can reinforce
the violence and drug prevention message at home.
Federal Activities: The Secretary to authorized award
grants or contracts to support a variety of activities designed
to prevent the illegal use of drugs and violence among students
from pre-school through the postsecondary level.
Domestic Violence Grants: The Secretary is authorized to
award grants and contracts to elementary and secondary schools
that work with experts to enable the schools to support
training, programming, support services, and policies relating
to children experiencing or witnessing domestic violence. The
confidentiality of the victim and the victim's family must be
maintained.
Funding: For fiscal year 2002, the bill authorizes $700
million for the State Grants Program, $150 million for National
Programs, and $75 million for the National Coordinator
Initiative. In addition, the bill authorizes $5 million in each
of fiscal years 2002 through 2004 to support grants to combat
the impact of experiencing or witnessing domestic violence on
elementary and secondary school children.
Part B--Gun possession
The Gun-Free Schools provisions contained in part F of
title XIV of the current law have been transferred to Part B of
title IV. These provisions require State receiving funds under
the BEST Act to have laws requiring local educational agencies
to expel from school for at least 1 year any student who brings
a weapon to school.
Part C--School safety and violence prevention
Part C includes a number of new provisions and allowable
uses of funds related to school safety and violence prevention,
including:
School Safety and Violence Prevention: Provides that
Federal funds provided under titles IV and subpart 4 of part B
of title V may be used for training school personnel to
identify potential threats; to identify troubled youth; to make
comprehensive school security assessments; to purchase metal
detectors, locks, and surveillance cameras; to engage in
collaborative efforts with community-based organizations to
reduce violence; and to utilize other innovative programs to
reduce school violence.
School Uniforms: Provides that nothing in the Act can be
construed to prohibit schools from establishing a school
uniform policy and allows funds provided under title IV and
subpart 4 of part B of title VI to be used for establishing a
school uniform policy.
Transfer of School Disciplinary Records: Requires States
receiving Federal funds under the Elementary and Secondary
Education Act to establish a procedure by which local
educational agencies must transfer the suspension and expulsion
records of any student to any private or public elementary or
secondary school in which that student seeks enrollment. This
requirement does not apply to private schools.
Background Checks: Amends the National Child Protection Act
of 1993 to specify that individuals who are employed, or seek
employment, with schools are included in the provisions of that
act relating to background checks.
Part D--Environmental tobacco smoke
The bill transfers to the Elementary and Secondary
Education Act the environmental tobacco smoke provisions that
were contained under part C of title X of the Goals 2000:
Educate America Act to part D of title IV. These provisions
prohibit smoking within any indoor facility used for the
provision of education, routine health care, day care, library
services, or early childhood development.
TITLE V--PUBLIC SCHOOL CHOICE AND FLEXIBILITY
Part A--Public school choice
This part contains 3 programs: charter schools, magnet
schools, and public school choice.
Subpart 1--Charter schools
Charter Schools are public schools that are released from
various regulations that normally apply to public schools in
exchange for increased student performance accountability. The
Charter Schools program supports the establishment of charter
schools in States that have enacted State charter school laws.
The program supports the design, initial implementation, and
evaluation of charter schools. A funding level of $190 million
is authorized for fiscal year 2002.
Subpart 2--Magnet schools assistance
Magnet schools are public elementary or secondary schools
that offer a special curriculum which attracts substantial
numbers of students of different racial backgrounds. The
purpose of this program is to assist schools in increasing
their racial, economic, linguistic, or ethnic diversity. A
funding level of $125 million is authorized for fiscal year
2002.
Subpart 3--Public school choice
The Public School Choice initiative requires all school
districts receiving funds under part A of title I to provide
students in low-performing title I schools with the option to
transfer to another public school or public charter school in
the school district, unless prohibited by State or local law.
Local educational agencies located within States that qualify
for the small state minimum under part A of title I are not
required to comply with this requirement, but may comply if
they so choose.
Part B--Flexibility
This part contains several initiatives designed to provide
greater flexibility to schools and school districts. These
efforts include the Education Flexibility Partnerships; the
Rural Education Initiative; Waivers; and Innovative Education
Program Strategies.
Subpart 1--Education flexibility partnerships
The Education Flexibility Partnership Act allows State
educational agencies, the flexibility to waive certain Federal
requirements, along with State requirements for the purpose of
raising student achievement. The provisions of Public Law 106-
25, which was signed into law in 1999 as a free-standing bill,
have been incorporated into the BEST Act.
Subpart 2--Rural education initiative
The Rural Education Initiative is to provide adequate
funding to rural school districts to enhance their ability to
improve student performance. Chapter 1, the Small Rural School
Achievement Program, permits rural schools districts to combine
funds and apply these funds toward local initiatives designed
to improve student achievement.
In addition, participating local educational agencies are
eligible to receive a supplemental grant that, when combined
with other Federal dollars, will enable these small rural
schools to offer programs and activities of sufficient size,
scope, and quality to have a significant impact upon student
and school performance. Chapter 2, the Low-Income and Rural
School Program, is designed to meet the needs of rural school
districts serving large numbers of disadvantaged students. A
funding level of $300 million is authorized for fiscal year
2002, of which $150 million is to be used to support activities
under chapter 1.
Subpart 3--Waivers
Under the Waivers section, a State educational agency,
local educational agency, or Indian tribe may seeks waivers
from the Secretary of Education. The entity seeking the waiver
must describe the Federal requirements to be waived and how, in
waiving those requirements, overall student achievement will
improve.
Subpart 4--Innovative Education Program Strategies
The Innovative Education Program Strategies, often referred
to in the current law as ``Title VI,'' has been moved to title
V which is focused on providing flexibility to State and local
educational agencies. This program provides support to State
and local educational agencies to develop education reform
initiatives that will improve student, school, and teacher
performance. The administration of program funds is handled by
the State educational agencies. However, the design and
implementation of activities under the program are the
responsibilities of the local educational agencies, school
superintendents, principals, and teachers. A funding level of
$850 million is authorized for fiscal year 2002.
Part C--Flexibility in the use of administrative and other funds
State educational agencies and local educational agencies
have the ability to consolidate administrative funds for one or
more of the following: all title I programs; administration of
the Innovative Education Program Strategies initiative;
establishment and operation of peer-review mechanisms under the
BEST Act; and dissemination of information regarding model
programs and practices.
Part D--Coordination of programs, consolidated state and local plans
and applications
This provisions of this part encourage greater cross-
program coordination, planning, and service delivery. State
educational agencies and local educational agencies may
integrate the following programs into one plan: part A of title
I; part C of title I; title IV; and Innovative Education
Program Strategies. Local educational agencies may integrate
the following into one plan: part A of title I; part A of title
II; title IV; and Innovative Education Program Strategies.
Part E--Advanced placement program
Part E authorizes a competitive grant program designed to:
encourage more students (especially low-income students) to
take the advanced placement (AP) exam; increase the
availability of AP courses offered; and broaden the range of
schools offering AP courses. This program, originally
authorized as part of the Higher Education Amendments of 1998,
has been expanded and added to the Elementary and Secondary
Education Act.
The Secretary is to give first priority to providing grants
to State educational agencies to enable them to cover all or
part of the costs of AP test fees for low-income individuals.
Seventy percent of any remaining funds will be allocated for
grants to State and local educational agencies to expand access
for low-income students to AP programs. Thirty percent of any
remaining funds will be used for grants to provide students
with on-line AP courses. A funding level of $50 million is
authorized for these activities in fiscal year 2002.
TITLE VI--PARENTAL INVOLVEMENT AND ACCOUNTABILITY
Part A--Parental assistance
Part A provides leadership, technical assistance, and
financial support to nonprofit organizations and local
educational agencies to implement successful parent involvement
programs. The Secretary of Education is authorized to award
competitive grants to nonprofit organizations and local
educational agencies to establish school-linked or school based
parental information and resource centers. Grant funds will be
used to assist parents in participating effectively in their
children's education. A funding level of $50 million is
authorized for these activities in fiscal year 2002.
Part--B Improving academic achievement
The purpose of part B is to create rewards for states and
schools that make the most progress in improving educational
achievement. The Secretary would be authorized to make
``Achievement in Education Awards'' to support States, and ``No
Child Left Behind Awards'' to recognize schools. The Secretary
would also be authorized to make one-time bonus payments to
States that complete the development of assessments in advance
of the schedule outlined in section 1111. The BEST Act
authorizes $50 million for fiscal year 2002 for these purposes,
as well as other activities designed to promote the improvement
of education, as part of the Fund to Improve Education
Achievement (FIEA).
The BEST Act also authorizes the Secretary to reduce
administrative funds to those States that fail to make adequate
yearly progress and that show no statistically significant
improvement for students who are racial or ethnic minorities
and for economically disadvantaged students. The Secretary's
determination will be based on both the results of the State
assessment system described in section 1111, and the results of
4th and 8th grade assessments by the National Assessment of
Educational Progress (NAEP) in mathematics and reading.
However, no sanctions would be levied against a State based
solely on the results of its NAEP assessment. After 2 years of
insufficient progress, the Secretary may reduce administrative
funds by up to 30 percent, after 3 such years, up to 75
percent.
In addition to authorizing $50 million for FIEA, part B
authorizes $400 million and $110 million for the development of
State assessments and conduct of the state NAEP, respectively,
in fiscal year 2002.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
The purpose of title VII is to modify and improve the
educational services provided for American Indian, Alaska
Native, and Native Hawaiian students. The BEST Act continues to
make grants available to schools operated or supported by the
Bureau of Indian Affairs and allows local educational agencies
to provide an increased range of services to include those
that: (1) promote the incorporation of culturally responsive
teaching and learning strategies; (2) incorporate American
Indian and Alaska Native specific curriculum content into the
curriculum; (3) promote coordination among tribal, Federal, and
State public schools in areas that will improve education; and
(4) offer family literacy activities. The BEST Act gives local
educational agencies which receive formula grants under part A
the ability to commingle all of the Federal funding they
receive for educating Indian children, regardless of which
agency provides it, into 1 coordinated, comprehensive program
to meet the specific needs of Indian children. The BEST Act
also authorizes the provision of family literacy services for
Indian, Native Hawaiian, and Native Alaskan students, limits
administrative costs to 5 percent, and consolidates a number of
programs under Part B: Native Hawaiian Education and Part C:
Native Alaskan Education. Fiscal year 2002 funding
authorizations levels are $116 million for Indian Education,
$28 million for Native Hawaiian Education, and $17 million for
Alaska Native Education.
TITLE VIII--REPEALS
This title repeals titles IX through XIV of the Elementary
and Secondary Education Act of 1965 and repeals the Goals 2000:
Educate America Act.
TITLE IX--MISCELLANEOUS PROVISIONS
This title authorizes a grant award to the National Board
on Testing and Assessment of the National Research Council to
conduct an ongoing evaluation of high stakes assessments. A
funding level of $4 million is authorized for fiscal year 2002,
to remain available until expended.
General notes
1. Throughout the bill, specific funding levels are
established for fiscal year 2002 and ``such sums as may be
necessary'' are authorized for each of the 6 succeeding fiscal
years. Unless otherwise noted, all programs included in the
BEST Act are authorized through fiscal year 2008.
2. Impact Aid programs remain a part of the Elementary and
Secondary Education Act. These programs were reauthorized in
2000 as part of the Floyd D. Spence National Defense
Authorization Act for fiscal year 2001 (Public Law 106-398).
The BEST Act retains impact aid programs as title VIII, but
makes no changes to these programs.
III. Legislative History and Committee Action
During the 106th Congress, the committee held 24 hearings
on issues related to the reauthorization of the Elementary and
Secondary Education Act (ESEA). On February 15, 2001, the full
committee held a hearing on President Bush's education
proposals-receiving testimony from Education Secretary Roderick
Paige.
EXECUTIVE SESSION
On March 7 and 8, 2001, the committee met in executive
session to consider the Better Education for Students and
Teachers (BEST) Act.
An initial draft of the Better Education for Students and
Teachers Act was circulated to members of the committee on
February 16, and a substitute proposal was circulated on March
2. By unanimous consent of the committee, the March 2
substitute, in combination with the 4 amendments offered by
Senator Jeffords at the outset of the executive session, served
as original text for purposes of further amendment.
The committee took action on 30 amendments, adopting 21 of
them and defeating the remaining 9. Fourteen amendments were
offered and subsequently withdrawn, and an additional 19
amendments were filed but not offered. The bill as amended was
adopted by a roll call vote of 20 yeas to 0 nays.
Votes Taken During Executive Session
Eight roll call and 23 voice votes were taken during
committee consideration of the Better Education for Students
and Teachers Act, as follows:
1. Senator Jeffords offered a manager's amendment that
includes technical corrections to the bill language distributed
to members on March 2, as well as several small issues worked
out with members prior to the executive session. The amendment
was adopted by voice vote (en bloc with the 3 Jeffords
amendments described immediately below).
2. Senator Jeffords offered an amendment to expand and
strengthen the accountability provisions of the bill. The
amendment: (1) includes a set-aside to help States, school
districts, and schools develop school improvement strategies;
(2) requires States to create statewide standards for moving
all students towards proficiency; (3) requires States to test
all students in grades 3 through 8 annually in math and
reading, authorizing funds to cover development costs and half
of the testing implementation costs; (4) requires States to
administer the National Assessment of Educational Progress
(NAEP) reading and math tests in grades 4 and 8, with the
Federal government assuming the cost of NAEP; (5) requires
States, school districts, and schools to take stronger actions
on a 3-year time line if they are not meeting the annual yearly
progressgoals; (6) creates an achievement fund to reward high
performing States; and (7) requires schools, school districts,
and States to develop report cards. The amendment was adopted
by voice vote (en bloc).
3. Senator Jeffords offered an amendment making several
technical and clarifying changes to the new Reading First
program that was included in the substitute distributed to
members on March 2. The Reading First program, in Part B of
Title I, has the goal of having all students read well by the
end of third grade. The amendment was adopted by voice vote (en
bloc).
4. Senator Jeffords offered an amendment to authorize $75
million in fiscal year 2002 and such sums as may be necessary
in the 6 succeeding fiscal years for the establishment of the
Early Reading First program as a complement to the Reading
First initiative. The goal of Early Reading First is to assist
preschool age children in their language and early literacy
development. The program would provide competitive grants to
schools and other programs serving children ages 3-5, and it
contains a strong evaluation component. The amendment was
adopted by voice vote (en bloc).
5. Senator Kennedy offered an amendment to require that
local educational agencies use at least 50 percent of their
teacher quality funds for professional development activities
(rather than using all or a majority of funds for teacher
recruitment or hiring). The amendment was defeated by a roll
call vote 10 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
6. Senator Hutchinson offered an amendment to add teacher
merit pay and the reform of tenure systems as permissive uses
of State funds under the teacher quality provisions of the
bill. These activities, as well as teacher testing, would also
be added to the list of permissive activities to be conducted
by local educational agencies. The amendment was adopted by
voice vote.
7. Senator Mikulski offered an amendment to authorize a new
Community Technology Centers program. The program would provide
competitive grants to allow foundations, museums, libraries,
for-profit businesses, non-profits, community-based
organizations, institutions of higher education, State
educational agencies, local educational agencies, or consortia
to expand access to computers and related services to
disadvantaged residents of economically distressed urban and
rural communities. The amendment would authorize $100 million
for fiscal year 2002 and such sums as may be necessary for the
4 succeeding fiscal years. The amendment was defeated by voice
vote.
8. Senator Bingaman offered an amendment to establish an
expanded Advanced Placement (AP) testing program within the
Elementary and Secondary Education Act. Seventy percent of the
funds would be allocated for grants to State and local
educational agencies to expand access for low-income students
to AP programs. The remaining 30 percent of funds would be used
for grants to provide students with on-line AP courses.
Authorized funding is $50 million in fiscal year 2002 and such
sums as may be necessary for the out-years. The amendment was
adopted by voice vote (en bloc with the 2 Bingaman amendment
described immediately below).
9. Senator Bingaman offered an amendment to authorize
school dropout prevention programs. Of that amount, 10 percent
is allocated for national activities. The remaining 90 percent
is to be used for States formula grants and for capacity
building and design initiatives. State funds are to be awarded
competitively to local schools to support dropout prevention
programs, to assist school reentry, and to raise the academic
achievement of all students. Authorized funding is $50 million
in fiscal year 2002 and such sums as may be necessary for the
out-years. The amendment was adopted by voice vote (en bloc).
10. Senator Bingaman offered an amendment to authorize a
new grant program to provide higher education consortia that
prepare prospective teachers to better train them in the use of
advanced technologies. Authorized funding is $150 million in
fiscal year 2002 and such sums as may be necessary for the out-
years. The amendment was adopted by voice vote (en bloc).
11. Senator Harkin offered an amendment to authorize a
school renovation grant program. The amendment would authorize
a funding level of $1.6 billion for fiscal year 2002 and such
sums as may be necessary for each of the fiscal years 2003
through 2006. The amendment was defeated by a roll call vote of
10 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
12. Senator Warner offered an amendment to permit local
municipalities to compete for grant funds awarded under the
21st Century Community Learning Centers program. The amendment
was adopted by voice vote.
13. Senator Murray offered an amendment to authorize
funding for the continuation of the class-size reduction
program as a separate program. (The BEST bill combines this
program with the Eisenhower professional development program
and makes class-size reduction a permissive use of funds.) The
amendment authorized $2.4 billion for fiscal year 2002 and such
sums as may be necessary for fiscal year 2003 through 2009. The
amendment was defeated by a roll call vote of 10 yeas to 10
nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
14. Senator Murray offered an amendment to increase the
fiscal year 2002 authorization for homeless education programs
from $40 million to $90 million. During committee discussion of
the amendment, Senator Murray modified it to provide for a
fiscal year 2002 authorization level of $70 million. The
amendment, as modified, was adopted by voice vote.
15. Senator Clinton offered an amendment require that local
educational agencies use 10 percent of their allotments to
recruit, hire, and train teachers. It would also include
paraprofessional training programs and programs that attract
mid-career professionals to teaching among the examples of
recruitment activities which could be conducted. During
committee discussion of the amendment, Senator Clinton modified
the amendment to delete the provisions requiring a 10-percent
set-aside. The amendment, as modified, was adopted by voice
vote.
16. Senator Clinton offered an amendment to authorize $3
million for a National Teacher Recruitment Campaign as part of
the national programs portion of the Teacher Quality provisions
of the bill. The Secretary is to make a competitive grant to a
single national coalition of teacher and media organizations,
including the National Teacher Recruitment Clearinghouse. Grant
funds would be used to conduct a national public service
campaign concerning the resources for and routes to entering
teaching. The amendment was adopted by voice vote.
17. Senator Clinton offered an amendment to include
recruitment and mentorship as activities in the national
program dealing with professional development of school
leadership and to clarify that principals and assistant
principals are included in the term ``school leadership.'' The
amendment was adopted by voice vote.
18. Senator Clinton offered an amendment to require that
results from assessments be provided to parents and teachers
within 4 weeks after the test is taken. During committee
discussion of the amendment, Senator Clinton modified it to
delete the 4-week time limit and to instead require that
parents and teachers be provided with assessment results as
soon as is practicably possible after the test is taken. The
amendment, as modified, was adopted by voice vote.
19. Senator Bingaman offered an amendment to establish a
National Panel on Portability of Teacher Pensions and
Credentials. The 9-member panel, appointed by the Secretary, is
to study options for increasing the reciprocity of recognition
of teacher credentials and the portability of teacher pensions
between States and to issue a report 1 year after members of
the panel have been appointed. The amendment was adopted by
voice vote.
20. Senator Sessions offered an amendment to add provisions
dealing with school safety and violence prevention activities,
school uniforms, transfer of school disciplinary records,
employee background checks, and memorial services at public
schools to Title IV (Safe and Drug-Free Schools and
Communities) of the bill. During consideration of the
amendment, Senator Sessions modified it to clarify the
application of the provisions and to delete the provisions
relating to memorial services. The amendment, as modified, was
adopted by voice vote.
21. Senator Gregg offered an amendment to permit the
Secretary to award 21st Century Community Learning Centers
grants to community based organizations and to waive any
provision of the program requiring that the money be used in or
through a school. Following a discussion of additional
revisions to the 21st Century Community Learning Centers
program to be made in a managers' package for the floor, the
amendment was adopted by voice vote.
22. Senator Dodd offered an amendment to set fixed dollar
figures in each of the 7 years of the reauthorization bill for
the grants to State and local educational agencies authorized
under part A of title I. Beginning with a fiscal year 2002
level of $15 billion, the authorized funds would increase each
year--ending at a funding level of $ 37.7 billion in fiscal
year 2008 (full funding under the allocation formula). (The
BEST bill provides an authorization level of $15 billion for
fiscal year 2002 and ``such sums'' in each of the 6 succeeding
fiscal years.) The amendment was defeated by a roll call vote
of 10 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
23. Senator Dodd offered an amendment to increase the
authorization of the 21st Century Community Learning Centers
program from $846 million to $1.5 billion for fiscal year 2002.
The amendment was adopted by voice vote.
24. Senator Wellstone offered an amendment to authorize $4
million to support a study by the National Academy of Sciences
of the impact/effects of high stakes testing. The amendment was
adopted by voice vote.
25. Senator Reed offered an amendment to authorize a new
formula grant program to State educational agencies to help
local educational agencies and schools support the acquisition
of up-to-date school library materials and provide funds for
training of school library resource personnel. The amendment
would authorize $475 million in fiscal year 2002 and such sums
as may be necessary in each of the 6 succeeding fiscal years.
The amendment also authorizes an additional $25 million in
fiscal year 2002 and such sums as may be necessary in each of
the 6 succeeding fiscal years for expanding the non-school
hours of operation of school libraries. The amendment was
defeated by a roll call vote of 10 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
26. Senator Reed offered an amendment to authorize the
Secretary to make grants to local educational agencies to
support and enhance the involvement of parents in schools and
their children's education. The amendment authorizes $500
million in fiscal year 2002 and such sums as may be necessary
in subsequent years for this purpose. The amendment also
requires the State educational agency to include in its
application for funding under title I a description of its
parental involvement policies, how it will use federal funds to
implement those policies, and how it will evaluate such
activities. Each State would also need to involve parents in
the review of its plan. The amendment was defeated by a roll
call vote of 10 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
27. Senator Reed offered an amendment to authorize a
competitive grant program for the establishment or expansion of
child opportunity zone family centers in elementary and
secondary schools. Such centers are school-based or school-
linked centers that provide comprehensive support services
designed to improve the education, health, mental health,
safety, and economic well-being of children and their families.
The amendment would authorize a funding level of $100 million
in fiscal year 2002 and such sums as may be necessary in each
of the 6 succeeding fiscal years. The amendment was defeated by
voice vote.
28. Senator Murray offered an amendment to mandate that 3
additional elements--dropout rates, professional
qualifications, and class size--be included in the state and
local report cards required by the bill. Under the bill, the
inclusion of these 3 elements is discretionary. The amendment
was defeated by a roll call vote of 10 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski Enzi
Bingaman Hutchinson
Wellstone Warner
Murray Bond
Reed Roberts
Edwards Collins
Clinton Sessions
29. Senator Murray offered an amendment to provide that
State educational agencies, in making grants to local
educational agencies to improve the use of technology in
education, must give priority to districts with the highest
number or percentage of children in poverty and must provide
for an equitable urban/rural distribution of grant funds. The
amendment was adopted by voice vote.
30. Senator Wellstone offered an amendment to authorize $5
million in each of the fiscal years 2002 through 2004 to
provide grants to provide training for staff, education
programs for students, and materials to combat the impact of
experiencing or witnessing domestic violence. These provisions
would be included in title IV (Safe and Drug-Free Schools and
Communities). The amendment was adopted by voice vote.
31. The substitute bill, as amended, was reported favorably
by a roll call vote of 20 yeas to 0 nays.
YEAS
Jeffords
Gregg
Frist
Enzi
Hutchinson
Warner
Bond
Roberts
Collins
Sessions
Kennedy
Dodd
Harkin
Mikulski
Bingaman
Wellstone
Murray
Reed
Edwards
Clinton
Amendments Offered and Subsequently Withdrawn
Fourteen amendments were offered, discussed, and
subsequently withdrawn:
1. Senator Gregg offered and then withdrew an amendment to
authorize $500 million for a new child centered program within
title I. Under the program, up to 10 States and up to 20 local
educational agencies located in States which do not participate
would allocate all their part A funds (including the additional
amount authorized in the amendment) to title I-eligible
children on a per-pupil basis. The per-pupil amount could be
used for supplemental educational services provided by the
school or by another entity and would follow any eligible child
who transfers to another school.
2. Senator Frist offered and then withdrew an amendment to
establish an Academic Achievement for All Demonstration
program. Under the demonstration program, up to 15 States would
be permitted to combine funds under a dozen Federal education
formula grant programs to use to advance the educational
priorities of the State. Participating States must show results
in improving the academic performance of all students during
the 5-year term of the performance agreement. If a State
chooses not to participate, any local educational agency in the
State may do so.
3. Senator Kennedy offered and then withdrew an amendment
to require that, within 4 years, every teacher who provides
services to title I students will meet the definition of
``highly qualified'' included in the bill. The amendment would
also prohibit a local educational agency from using teacher
quality funds to hire a teacher who is not ``highly
qualified.''
4. Senator Dodd offered and then withdrew an amendment to
authorize the establishment of an Early Childhood Educator
Professional Development Program. The amendment would provide a
funding level of $100 million in fiscal year 2002 and such sums
as may be necessary in each of the 6 succeeding fiscal years.
5. Senator Dodd offered and then withdrew an amendment to
increase the amount of basic grants for Puerto Rico under title
I in order to provide for funding equity. The increases would
be phased in over a 5-year period, beginning in fiscal year
2002.
6. Senator Harkin offered and then withdrew an amendment to
authorize grants to establish or expand elementary and
secondary school counseling programs. The amendment would
provide a funding level of $100 million in fiscal year 2002 and
such sums as may be necessary in each of the 4 succeeding
fiscal years.
7. Senator Bingaman offered and then withdrew an amendment
to authorize grants to schools and local educational agencies
to assist in the establishment of smaller learning communities.
The amendment would provide a funding level of $200 million in
fiscal year 2002 and such sums as may be necessary in each of
the 4 succeeding fiscal years.
8. Senator Bingaman offered and then withdrew an amendment
to earmarks funds to establish aSchool Security and Technology
Center at the Sandia Lab that would serve as a resource center
for local educational agencies. The amendment would also
provide grants to local educational agencies to improve the
security at their schools. The amendment would authorize a
funding level of $2.75 million and $10 million, respectively,
in each of the fiscal years 2002, 2003, and 2004.
9. Senator Wellstone offered and then withdrew an amendment
to provide that States would not have to develop or implement
the new annual assessment requirements in title I unless: (1)
the authorization for this development (authorization is $400
million in the bill) is fully funded (in which case the
deadline for implementation would be delayed for 1 school
year); and (2) funding for IDEA reaches 40 percent of the
national average per-pupil expenditure.
10. Senator Wellstone offered and then withdrew an
amendment to provide that States would not have to develop or
implement the new annual assessment requirements in Title I
unless: (1) the authorization for this development
(authorization is $400 million in the bill) is fully funded (in
which case the deadline for implementation would be delayed for
one school year); and (2) Title I, Part A is funded at $15
billion, the authorized amount in the bill.
11. Senator Wellstone offered and then withdrew an
amendment to delete a provision in the bill that rewards states
with one-time payments for developing their assessments ahead
of schedule. In its place it would authorize one-time payments
for States that develop particularly high-quality assessments.
12. Senator Murray offered and then withdrew an amendment
to add 2 options to the 3 included in the bill for schools
subject to reconstitution. The current options are: (1)
reopening as a charter school; (2) replacing all or most of the
school staff; or (3) making alternative governance
arrangements. The Murray amendment would add the following
options: (1) replacing the school's leadership, including the
principal, for which purpose bonuses may be given from title I
funds, and (2) providing extended learning time through an
academically focused after-school program.
13. Senator Reed offered and then withdrew an amendment to
require that local educational agencies use at least 5 percent
of their title I allocations in FY 2002 and 2003 for
professional development. The percentage would be increased to
10 percent in subsequent fiscal years.
14. Senator Clinton offered and then withdrew an amendment
to authorize a public school choice demonstration program.
States and local educational agencies would apply to the
Secretary for funds to plan, implement, and evaluate innovative
approaches to public school choice. A funding level of $50
million would be authorized in fiscal year 2002 and such sums
as may be necessary in each of the 6 succeeding fiscal years.
IV. Explanation of the Bill and Committee Views
title I--helping disadvantaged children meet high standards
Part A--Basic programs
The purpose of part A is to provide opportunities for those
students served by part A of title I to meet challenging State
performance and content standards. The last revision of title
I, which occurred in 1994, made major changes regarding
standards, assessment, professional development, and
accountability. The 1994 law also established a 7-year
timetable for all States to develop and implement standards and
assessments. The BEST Act builds upon these reforms and expands
them to all students.
The 1994 law created several mechanisms to measure student
performance. One such mechanism was adequate yearly progress.
The BEST Act changes the definition of adequate yearly progress
by stating that all children shall meet the State's performance
level for proficiency within 10 years. In addition, adequate
yearly progress must be based on State standards and
assessments.
The BEST Act significantly expands the scope and frequency
of current assessment efforts. States receiving title I funds
would be required to establish performance standards for all
students, and assess students in grades 3-8 annually in
mathematics and reading by school year 2005-2006. The results
of these assessments would be made available to parents and the
public as the primary measure of success in reaching the
State's performance standards, at the school, local educational
agency, and statewide level. In recognition of the substantial
investment this additional assessment will require, the Act
provides funding for nearly all development costs as well as
guaranteeing half the ongoing costs for implementation.
The BEST Act also takes several steps to provide better
information to parents and the public on the progress of
schools in meeting State performance standards. The Act would
require report cards that would indicate the progress of
students in meeting State performance goals, disaggregated into
several subgroups, including race, gender, disability, and
income. Report cards would report results at the school, local,
and State levels. In recognition of the statistical limits of
such disaggregation, the BEST Act does not require
disaggregation for groups of students in small schools or local
educational agencies that would yield invalid results, and
would permit techniques, such as multi-year aggregation, that
would strengthen the validity of assessment data. In addition,
data could not be disaggregated when doing so would violate an
individual's privacy.
Another reform included in the 1994 law was the
establishment of the school improvement and corrective action
process for local educational agencies and schools. The BEST
Act expands these provisions by requiring State educational
agencies and local educational agencies to take at least 1 of a
series of corrective actions with respect to schools and local
educational agencies that do not improve after being identified
as failing to meet adequate yearly progress.
In addition, in order to draw broad public attention to the
efforts of States and local educational agencies to turn around
failing schools, the BEST Act requires States to report
annually to the Secretary the number and names of each school
identified for school improvement, the reason why each school
was so identified, and the measure taken to address the
performance problems of each school.
A new mechanism for measuring the progress of States
established by the BEST Act is required participation in the
National Assessment of Education Progress (NAEP). While nearly
all States now participate in NAEP, such participation would be
required of all States, and paid for by the Federal government,
to provide a benchmark for comparison among States and to serve
as confirmation of progress or lack thereof for the purposes of
the State rewards and sanctions outlined in title VI. No
sanctions would be levied against a State based solely on the
results of its NAEP assessment.
The BEST Act also expands parental involvement and
professional development activities. Both the State and local
educational agencies must implement parental involvement and
professional development programs that have demonstrated
effectiveness. The State is required to provide technical
assistance to districts and schools that may be having problems
implementing parental involvement and professional development
activities.
Since 1994, the title I school-wide program has become
quite popular. Due to its popularity, the committee changed the
eligibility qualification from not less than 50 percent of
enrolled children from low-income families to not less than 40
percent.
Two new provisions pertaining to school choice have been
included in the BEST Act. The bill requires local educational
agencies to offer public school choice alternatives to students
attending title I schools that have been identified as needing
improvement or corrective action, as well as schools where
violent incidents have occurred.
The BEST Act increases the authorization level for fiscal
year 2002 for part A to $15 billion. Of amounts appropriated,
up to 5 percent may be reserved by State educational agencies
to use for school improvement activities, assessment
initiatives, and awards for outstanding schools and educators.
The State will determine how the reservation will be used.
Part B--Literacy for children and families
Subpart 1--William F. Goodling Even Start Family Literacy
Act
The William F. Goodling Even Start Family Literacy program
is designed to improve the educational opportunities for low-
income families by integrating early childhood, adult basic
education, and parental education into a unified family
literacy program. Even Start grants are geared to areas with
high rates of poverty, illiteracy, unemployment, families of
limited English proficiency, or disadvantaged children. The
program was reauthorized in 2000 as part of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act for
fiscal year 2001 (Public Law 106-554), and the BEST Act makes
no changes to the program.
Subpart 2--Reading First
President Bush has set as a goal for the nation that all
students be proficient readers by the end of the third grade.
This is critically important because after third grade, in most
of our nation's schools, reading is taught less as a skill in
and of itself but increasingly becomes a tool for learning
other knowledge and skill areas. Young students who can not
read well--with speed, accuracy, and understanding--are likely
not only to fall further behind their peers in reading ability,
but also will not be able to keep up in the other subjects
areas. Reading is truly the foundation for all further school
success.
Research carried out over the past 2 decades has given us a
clear picture of how children learn how to read, what is the
cause of reading difficulties, and how instruction can be
designed in order to help nearly all children become proficient
readers. A recent report of the National Reading Panel,
``Teaching Children to Read,'' summarizes some of the most
important threads of this research and presents its
implications for instruction. It is this research base that
forms the basis on which the Reading First program is built.
Like the Reading Excellence Act, this new program requires that
all activities carried out with Reading First funds must be
based on scientific reading research. In fact, this term is
defined in this new program exactly as it is in the Reading
Excellence Act.
The overall focus of Reading First is to have the knowledge
generated by solid research reflected in the teaching of
reading to all students. The BEST Act allows for the
participation of parents and other community members in the
implementation of programs supported under both Reading First
and Early Reading First, so long as they are based on evidence
from scientific research meeting the definition in the Act. For
example, a number of States, including Texas, Ohio, and
Michigan, have implemented reading programs with community and
parent involvement that they have found to be effective. So
long as they comply with the requirements of the Act with
regard to being based on sound research and covering the basic
components of reading instruction, these approaches can be
important tools in helping all children learn to read well by
the end of third grade.
All State educational agencies are eligible to apply for
Reading First funds. However, applications must be approved by
a peer review panel in order to be funded. It is the intent of
the committee that the Secretary and the review panels
seriously consider the quality of the applications--under both
the formula and competitive grant sections--and insure that
Reading First funds are used to improve reading instruction
based on scientific reading research. In addition, the
committee intends that the funds appropriated under this
subpart be targeted to schools serving children most likely to
experience difficulties learning to read, including children
with disabilities and children learning to speak and/or read
English as a second language.
Subpart 3--Early Reading First
While explicit instruction in reading usually begins in
kindergarten or first grade, research has clearly demonstrated
that the skills which make learning to read possible develop at
a much earlier age. A recent report from the Department of
Education--``The Kindergarten Year''--found that children
arrive at kindergarten with significant differences in their
early language and pre-literacy skills. Those children with
more ``risk factors''--coming from poor families, having
parents with low levels of education--lacked the foundation
skills identified by research as critical to successfully
learning to read.
It is the purpose and goal of the Early Reading First
program to demonstrate how programs serving preschool age
children can help those who are at risk for reading
difficulties gain the important language and pre-literacy
skills identifies by rigorous research. Like the Reading First
program, it is the intent of the committee that funds
appropriated under this subpart be targeted at programs serving
those children most likely to need this program-based
assistance. The research would indicate this should include
children from poor families, children whose parents have low
levels of education and literacy, children with disabilities,
and children learning to speak English as a second language. In
addition, since parents should be a critical part of this early
childhood learning process, the committee believes that
programs serving both children and parents should be included
in the programs funded.
Since there is no uniform organizational structure at the
local level to designate as an eligible applicant, the
committee intends that the Secretary, in awarding these grants,
give priority to applicants that can show that Early Reading
First funds will benefit a broad coalition or collaboration of
local programs serving preschool age children. In this way, the
limited funds being made available through this subpart can
have the greatest impact at the community level.
Since this is a demonstration program, and the research
base for language and literacy development in this age group is
less well developed, the committee has included two important
national activities. The evaluation authorized by this subpart
should be carried out with the same scientific rigor as the
definition of ``scientifically based reading research''
describes. It is the expectation of the committee that these
evaluation results will themselves advance our knowledge of how
language and pre-literacy skills develop in the preschool years
and how programs serving these children and their families can
ensure that nearly all children arrive at school ready to
learn. In the same vein, the committee has required the
Secretary to carry out research to advance our knowledge in
this important area. It is the committee's expectation that
this research will be carried out in such a manner so as to
meet the criteria for quality and rigor established by the
National Reading Panel.
Part C--Education of migratory children
The Migrant Education program provides grants to State
educational agencies to develop or improve educational programs
for migrant students. Most migrant programs are administered by
local educational agencies and operate during both the regular
school year and in the summer. Priority for services is given
to current migrant students and to students who are failing, or
at greatest risk of failing, to meet State standards. The BEST
Act builds upon current law to ensure that migratory children
have the opportunity to attain high levels of educational
excellence. A funding level of $400 million is authorized for
fiscal year 2002.
Part D--Initiatives for Neglected, Delinquent or At-Risk Students
The Initiatives for Neglected, Delinquent or At-Risk
Students program is designed to meet the academic and skills
building needs of at-risk, school-aged youth in all States and
remains unchanged from current law. A funding level of $50
million is authorized for fiscal year 2002.
Part E--Evaluations and demonstrations
The BEST Act retains current law and authorizes $35 million
for fiscal year 2002.
Part F--21st Century Community Learning Centers
The BEST Act includes the reauthorization of the 21st
Century Community Learning Centers program. The bill makes
several revisions to current law by placing an emphasis on
academic enrichment programs. In addition, community-based
organizations, public and private entities, and units of
general purpose government will become eligible for 21st
Century Community Learning Center grants and compete with local
educational agencies for the funds.
During the executive session, committee members discussed
further changes that will be made to the program. The key
change focused on giving an equal priority to 3 entities for
the purpose of awarding grants. The 3 entities that will have
equal priority are: title I-eligible schools; joint
applications between eligible organizations and title I-
eligible schools; and community-based organizations and other
eligible organizations serving communities in which title I-
eligible schools are based or located.
Part G--Comprehensive School Reform
The BEST Act includes the Comprehensive School Reform
program, often referred to as the Obey-Porter initiative. The
Comprehensive School Reform program awards formula grants to
State educational agencies. These grants are designed to assist
in the implementation of effective school reform models. There
are a number of demonstration programs that have produced
positive results in a variety of subject areas. A funding level
of $200 million is authorized for fiscal year 2002.
Part H--Assistance to address school dropout problems
An issue of great concern to the members of the committee
is the escalating school dropout rate. To address this problem,
a dropout prevention program has been included in theBEST Act.
The initiative creates a grant program that will provide
assistance to public schools for the implementation of an
effective, sustainable, and coordinated dropout effort.
Education for Homeless Children and Youth
The BEST Act also includes amendments to the Education for
Homeless Children and Youth program authorized as Subtitle B of
Title VII of the Stewart D. McKinney Homeless Assistance Act.
The program provides State formula grant assistance for: the
establishment of Offices of Coordinator of Education of
Homeless Children and Youth in States; the development and
implementation of State plans for the education of homeless
children; and subgrant support to local educational agencies
for the education of these children.
The committee notes that much progress has been made since
the enactment of the homeless education program in 1987. At
that time, nearly half of all homeless children were not
attending school. Currently, an estimated 88 percent of these
children are enrolled in grades K-12. At the same time, much
remains to be done in overcoming the particular challenges
involved in educating homeless children and youth. A
substantial portion of homeless children do not attend school
regularly. The mobility and frequent absence of the records or
immunizations required for enrollment of homeless children
present significant obstacles to meeting the educational needs
of these children.
The BEST Act strengthens provisions of the current law in
an effort to assure that homeless children receive a quality
education, to provide for continuity in the education of
homeless children, and to focus resources on high quality
programs. Specifically, the BEST Act includes several
provisions designed to avoid segregating homeless students into
separate schools. It is estimated that 40 such schools are now
in operation. Many of these schools were established as
temporary arrangements, but have now become permanent fixtures.
Serious questions have been raised regarding the quality of the
education offered by some of these institutions.
The bill also contains provisions intended to avoid
disruption of a child's education program by maintaining the
child's attendance at his or her school of origin. The bill
also attempts to avoid enrollment delays by requiring immediate
enrollment and by directing school officials to make referrals
for immunizations and to contact other schools to obtain
required records. Consistent with the committee's efforts
throughout the BEST Act to focus Federal resources on proven
approaches, the bill includes new provisions requiring that the
quality of an application is considered in the provision of
subgrants to local educational agencies. A funding level of $70
million is authorized for fiscal year 2002.
TITLE II--TEACHER QUALITY
Part A--Teachers
The committee is unanimous in its interest in improving the
quality of professional development opportunities for teachers.
Committee members agree that children can make greater academic
gains if they have a knowledgeable and caring teacher leading
their classroom. This bill recognizes that an investment in
better teachers is an investment in our nation's young people.
The legislation authorizes $3 billion for fiscal year 2002 for
teacher quality and classroom quality measures.
It was the committee's intent to create legislation that
reflected the observations and recommendations by professionals
in the field regarding how best to meet the needs of individual
students in schools across this country. The bill takes a
flexible approach that allows States and local educational
agencies to adopt successful models that will work for the
conditions and circumstances of their schools. It was the
committee's intent to provide a general framework and funding
stream for teacher quality initiatives with a specific emphasis
on professional development and the hiring of qualified
teachers, while allowing individual school districts to adapt
programs to meet their specific needs. It is the expectation of
the committee that the States and local educational agencies
will maximize the results from the activities of this bill by
carefully assessing their needs and designing a systematic
approach to meeting those needs. The bill encourages each State
educational agency to review relevant research and to explain
why the activities it proposes in its application are expected
to improve student performance and outcomes, how the activities
are aligned to State content and performance standards and
assessments, and how it will ensure that local educational
agencies will carry out their proposed activities.
The BEST Act combines funds and authorities from the
Eisenhower Program and Class Size Reduction programs. It
maintains a separate Federal program for teacher quality
initiatives in recognition of the critically important role
that teachers play in improving educational opportunities for
young people. The professional development component of part A
of title II builds upon the strengths of the Eisenhower program
by placing an emphasis on innovative professional development
programs.
In an effort to direct Federal professional development
dollars effectively, the bill strictly defines professional
development as activities that are an integral part of broad
schoolwide and districtwide educational improvement plans; are
tied to State content and student performance standards; are
sustained; and are based on the best available research on
teaching and learning. The bill requires professional
development activities to be tied to strategies that
demonstrate effectiveness in increasing student academic
achievement and performance. Further, it prohibits the one-day,
``one-shot'' workshop approach that research and evaluation
have shown to be largely ineffective in fostering learning and
changing the way a teacher teaches. In addition, the bill
provides that professional development activities supported by
local educational agencies must be designed to improve the
knowledge of teachers concerning: the academic subjects they
teach, effective means to improve student achievement and
performance, and effective use of State standards and
assessments.
The BEST Act allows a school district to commit the same
percentage of funds that it does now to class size reduction
initiatives, if it so chooses. For a school district that has a
greater need for professional development, it allows that
school district to shift funds to that need.
Title II of the Elementary and Secondary Education Act also
maintains an important role for institutions of higher
education in providing professional development for teachers. A
recent review of the Eisenhower program stated that teachers
participating in State Agency for Higher Education (SAHE)
administered activities found that the professional development
led to enhanced knowledge and skills and to positive changes in
their classroom teaching practices. In addition, SAHE
activities were of longer duration and placed a greater
emphasis on subject matter content, active learning and
coherence. Using the success of the Eisenhower program as a
model, institutions of higher education within each State will
receive a dedicated stream of funding to be provided through
competitive grants within the State.
The bill includes strong language that will hold local
educational agencies accountable for increasing the academic
achievement for all students. Local educational agencies that
do not show improvement risk losing control of the formula-
based Federal funds marked for professional development and
teacher hiring.
The bill authorizes the Secretary to invest in 4 areas that
are key to improving teaching and learning in the classroom.
Under a separately authorized funding stream, the Secretary
shall make grants to the Troops to Teachers Program, the School
Leadership Initiative, the National Board for Professional
Teaching Standards, and the Transition to Teaching program.
Troops to Teachers is a program that has proven to be effective
in recruiting former military personnel as classroom teachers.
The School Leadership Initiative will ensure that funds for
professional development will be available to principals,
superintendents and others to enhance their leadership and
management skills. It authorizes a new program designed to meet
the unique professional development needs of our Nation's
school leaders. The Snelling Center for School Leadership in
Vermont is an example of one place that is addressing the needs
of our nation's school leaders effectively. Funds made
available to the National Board for Professional Teaching
Standards will be used to make grants to State educational
agencies, local educational agencies, and individuals to
promote outreach, recruit teachers, or provide for teacher
subsides. The committee believes that efforts to encourage and
support teachers to become highly accomplished master teachers
as recognized through advanced certification or credential
programs will improve teaching and learning in schools.
Finally, the Transition to Teaching program will help recruit,
prepare, and support mid-career professionals to become highly
qualified teachers.
A separate authorization of $3 million in fiscal year 2002
is provided for a National Teacher Recruitment Campaign. The
Secretary is to make a competitive grant to a single national
coalition of teacher and media organizations. Grant funds are
to be used to conduct a national public service campaign
concerning the resources for and routes to entering teaching.
Part B--Mathematics and science partnerships
Part B includes important new initiatives designed to
improve student achievement in the areas of mathematics and
science by strengthening the training and recruitment of highly
qualified math and science teachers. In developing these
initiatives, the committee has drawn from the recommendations
made by several commissions and organizations which have
recently called attention to the pressing need in this area.
These include: The National Commission on Mathematics and
Science Teaching for the 21st Century, also known as the Glenn
Commission (``Before It's Too Late''), the National Research
Council (``Educating Teachers of Science, Mathematics, and
Technology''), and the US Commission on National Security
(``Road Map for National Security: Imperative for Change'').
An enormous improvement in mathematics and science
education at the K-12 level is necessary if today's students
want good jobs and the US wants to stay competitive in the
world economy. Test data from the Third International
Mathematics and Science Study (TIMSS) in 1995 have shown that
students from the United States in the fourth grade were among
the top scorers of students from the 41 nations testing.
However, both TIMSS and the Third International Mathematics and
Science Study--Repeat (TIMSS-R) in 1999 show that, by the
eighth grade, students from the United States test in the
middle of the students from the countries tested. By the
twelfth grade, TIMSS shows that students from the United States
test near the bottom of the students tested. Our students are
not receiving the education that is required to cause them to
learn the mathematics and science that students in many other
countries are learning. They are not receiving an education
that stimulates their imagination enough that they want to
learn mathematics and science at a world-class level. Every
year that our students stay in school, they lose ground in
mathematics and science knowledge compared with the students of
other countries of the world.
The National Assessment of Educational Progress (NAEP) in
1996 showed that fewer than one-third of all United States
students in grades 4, 8, and 12 performed at or above the
``proficient'' achievement level in mathematics and science.
More than one-third of United States students scored below the
``basic'' level--lacking mastery of the prerequisite knowledge
and skills needed for ``proficient'' at each grade. The results
in NAEP also indicate that students in the United States score
lower with respect to the standards of proficiency for those
grade levels each year that they are in school.
With globalization, the good jobs will go to the people who
can do them best. If those people are not in the United States,
then those jobs will also not be in the United States. At
present, the law allows 195,000 immigrants to enter the United
States on H-1B visas each year in order to take jobs that
cannot be filled by workers in the United States. As tele-
commuting increases, there will be no reason to bring those
workers to the United States to take the jobs that the workers
in the United States cannot fill, and the jobs themselves will
move to countries that have the workers. We have seen
manufacturing jobs move out of the country, and, unless
theUnited States can supply the workers to fill the jobs from
its own students, we will see it happen with information jobs.
The Glenn Commission report, ``Before It's too Late,''
(September 2000) states that ``. . . the rapid pace of change
in both the increasingly interdependent global economy and in
the American workplace demands widespread mathematics- and
science-related knowledge and abilities.''
Not only are mathematics and science literacy essential in
the workforce, but, according to the Glenn Commission, ``Our
citizens need both mathematics and science for their everyday
decision-making.'' The ability to evaluate data impartially and
to make decisions based on that evaluation is needed by our
citizens in every aspect of life. Citizens are called upon
daily to evaluate advertisements, political claims, conflicting
requests for public funds, and many other aspects of private
and public decision making. Not only is the training that comes
from looking at information in a scientific manner important,
but also a knowledge of science and mathematics is essential at
a time when much of the information evaluated becomes more
technical. Without that knowledge, our citizens become unable
to make the best daily decisions in their personal lives and in
their roles as citizens.
The Glenn Commission found that the ``most powerful
instrument for change, and therefore the place to begin, lies
at the very core of education--with teaching itself. ``The most
consistent and powerful predictors of student achievement in
mathematics and science are full teaching certification and a
college major in the field being taught.'' Therefore, the
Commission suggests that we ``establish an ongoing system to
improve the quality of mathematics and science teaching in
grades K-12'' and that we ``increase significantly the number
of mathematics and science teachers and improve the quality of
their preparation.''
These sentiments are echoed by the National Research
Council in its 2001 ``Educating Teachers of Science,
Mathematics, and Technology'' report. The Council notes:
If the nation is to make the continuous improvements needed
in teaching, we need to make a science out of teacher
education--using evidence and analysis to build an effective
system of teacher preparation and professional development.
The Council found that teacher education must be a continuous
process involving schools of education, school districts,
practicing professionals, and higher education faculty in a
collaborative partnership with shared responsibility for
teacher education. Teachers must be treated as professionals
with ongoing professional development to allow them to grow
within their profession and to take on new responsibilities.
The measure of the success of any teacher education program
should be how well their students achieve.
In an effort to begin to address the challenge of improving
math and science learning and teaching, the BEST Act authorizes
$500 million in fiscal year 2002 for the establishment of
mathematics and science partnerships linking the math and
science departments of institutions of higher education with
States and local school districts. The partnership program is
included as subpart 1 of part B.
Partnerships may use funds to conduct 1 or more of the
following activities: (1) developing more rigorous math and
science curricula aligned to State and local standards and with
the standards expected for postsecondary study in mathematics
and science, respectively; (2) creating opportunities for
enhanced and ongoing professional development in content areas;
(3) recruiting math and science majors to teaching; (4)
promoting strong teaching skills for math and science teachers
and teacher educators; (5) establishing math and science summer
workshops or institutes for teachers; (6) establishing distance
learning programs for math and science teachers; (7) designing
programs to prepare a teacher to provide professional
development to other teachers and novice teachers; and (8)
designing programs to bring teachers into contact with working
scientists.
The committee has included a definition of summer workshops
or institutes to make clear that such workshops or institutes
are to be substantial and sustained programs. Specifically,
they must be conducted for a period of at least 2 weeks,
provide for direct interaction between students and faculty,
and include followup training during the academic year.
The committee also encourages local educational agencies to
create various financial incentives to help recruit individuals
with strong mathematics or science backgrounds into the
teaching field. Current rewards, incentives, and school
environments are not adequate to attract large numbers of the
best students to teaching or to encourage them to remain in the
profession beyond the first few years of teaching. These
problems are exacerbated in science and mathematics, where
teacher shortages already exists in many parts of the United
States and are expected to grow worse over the next decade. The
lack of teachers with adequate content knowledge and
pedagogical skills for teaching science and mathematics is
especially acute in small rural and inner-city schools, where
science or mathematics departments may consist of only 1 or 2
individuals and a given teacher may be required to teach
several different subject areas every day.
The committee believes that several financial incentives
could be used to help recruit and retain math and science
teachers with strong math and science skills. Stipends could be
provided to current mathematics teachers and science teachers
for certification through alternative routes. A local
educational agency could offer money for scholarships for
teachers to pursue advanced course work in math or science.
Additionally, the local educational agency could offer signing
bonuses or performance bonuses to math and science teachers.
The committee encourages local educational agencies to create
programs that will be effective in recruiting individuals with
strong mathematics or science backgrounds into the teaching
field.
Subpart 2 of part B provides for the continuation of the
Eisenhower Clearinghouse for Mathematics and Science Education,
authorizing $5 million in fiscal year 2002 for this purpose.
The functions of the Clearinghouse are expanded to include the
development of an Internet-basedsite offering a search
mechanism and including electronic links to users and providers
of instructional materials and programs.
Subpart 3 of part B authorizes $150 million in fiscal year
2002 to support programs preparing teachers to use technology
effectively. Funds must be used to create programs that enable
prospective teachers to use advanced technology to create
learning environments where all students are prepared to meet
challenging State standards.
Subpart 4 of part B provides that the Secretary of
Education must consult and coordinate activities under part B
with the Director of the National Science Foundation. The
committee believes that it is particularly important that the
Secretary and the Director work together to determine the most
appropriate and effective role each of their agencies can play
with respect to summer workshops or institutes.
Part C--Technology education
First authorized as part of the Elementary and Secondary
Education Act in 1994, Federal educational technology programs
have made a significant and positive difference in increasing
access to technology in our public school classrooms. These
Federal dollars have played a significant role in making
technology more prevalent and effectively used in our Nation's
classrooms.
The BEST Act combines the competitively awarded Technology
Challenge Grant program into a new formula-based grant program
to the States modeled after the Technology Literacy Challenge
program authorized under current law. Since the Challenge Grant
program was first created, it has funded numerous cutting-edge
model programs in schools. At this juncture, the committee
believes it is important to provide the States with additional
sources of dedicated funding so that many of these model
programs can be replicated and so that a broad range of school
districts across the country can benefit.
While the committee was mindful of the extraordinary
advances made in the area of educational technology, the
members also recognized there is still a long way to go in
making technology an effective educational tool for all
students in the nation. The committee is committed to the
concept of eliminating the Digital Divide in the Nation's
schools. Therefore, it was the committee's intent to give
priority to those local educational agencies which serve the
highest number or percentage of children in poverty in both
urban and rural parts of each State and to provide grants to
local educational agencies of a sufficient size and duration to
carry out the purposes of this part.
The BEST Act reaffirms the Federal commitment to
educational technology. Throughout the legislation, the
committee has incorporated provisions related to educational
technology in recognition of the ``next wave'' of educational
technology: that is--effectively integrating it into the
everyday learning activities of the student. The committee's
actions acknowledge the importance of ``not separating
technology from learning.'' It is the intent of the committee
to encourage the integration of technology with learning by
requiring that both the State and the local educational
agencies submit a systemic educational technology plan that
outlines how technology will improve student outcomes and how
the activities funded in the BEST Act fit into that plan. With
the same intent, the committee has also required that
professional development in the integration of technology into
the curriculum be a large part of the use of local funds. The
BEST Act maintains a separate funding stream for educational
technology programs in an effort to ensure that the Federal
Government continues to provide leadership and support for
strengthening and integrating educational technology in
classrooms throughout the Nation.
Part D--Portability of teacher pensions and credentials
Part D authorizes the establishment of a 9-member National
Panel of Portability of Teacher Pensions and Credentials.
Members are to be appointed by the Secretary from among
practitioners and experts with experience relating to teacher
pensions and credentials. The panel is to study options for
increasing reciprocity of recognition of teacher credentials
and portability of teacher pensions between States.
TITLE III--MOVING LIMITED ENGLISH PROFICIENT STUDENTS TO ENGLISH
FLUENCY
Programs under part A of title III are designed to provide
educational assistance to students with limited English
proficiency to help them meet challenging State standards. The
BEST Act repeals the authorization for Program Development and
Implementation grants and weaves the purposes of the program
into other initiatives funded under this title. The committee
also decided to combine Comprehensive School grants and System-
wide Improvement grants into 1 program. Grants awarded under
this initiative will be used for activities such as improving
instructional programs, training school personnel, and
implementing family education or parent outreach programs.
One significant change the committee has included in the
BEST Act pertains to grant priority. In awarding grants, the
Secretary shall give priority to an applicant: (1) who
experiences a dramatic increase in the number or percentage of
limited English proficient students enrolled in the applicant's
program and has limited or no experience in serving limited
English proficient students; (2) that is a local educational
agency that serves a school district with a total enrollment
less than 10,000 students; (3) who demonstrates a proven record
of success in helping limited English proficient students; (4)
who proposes initiatives that provide for the development of
bilingual proficiency both in English and another language for
all participating students; or (5) who serves a school district
in which a large percentage or number of limited English
students is enrolled.
The BEST Act retains the State grant program. The committee
believes that it is important to increase the minimum funding
level from $100,000 to $200,000. A funding level of$300 million
is authorized for fiscal year 2002.
The Foreign Language Assistance program included as part B
of title III provides competitive grant assistance to State or
local educational agencies to provide foreign language study
for elementary and secondary school students. The BEST Act
extends this program through fiscal year 2008 and adds
provisions giving special consideration to grant applications
which make effective use of technology, promote innovative
activities, or are carried out through a consortium. A funding
level of $35 million is authorized for fiscal year 2002.
The Emergency Immigrant Education program included as part
C of title III provides funds to local educational agencies
that experience unexpectedly large increases in their student
populations due to immigration to assist with the education of
those students. A funding level of $200 million is authorized
for fiscal year 2002.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Part A--State grants
The committee has made substantial revisions to the Safe
and Drug-Free Schools and Communities program in an effort to
increase the accountability for the use of Federal funds and to
ensure that effective, research-based programs are funded with
Federal dollars. By better directing the use of Federal funds
under this program, it is the committee's intent to improve
efforts to provide all of our Nation's students a safe and
nurturing learning environment. Recent tragedies in our
Nation's schools have heightened attention to the devastating
impact that an unsafe environment can have on learning. The
committee believes strongly that every school in this Nation
should be violence-free as well as drug- and alcohol-free and
has strengthened the current program to better achieve those
goals. The committee also believes that involving parents in
violence and drug prevention programs is important.
Part B--Gun possession
The Gun-Free Schools provisions currently contained in part
F of title XIV are transferred to part B of title IV. These
provisions, which were first enacted in 1994, require States
receiving funds under the Elementary and Secondary Education
Act to have laws requiring local educational agencies to expel
from school for at least 1 year any student who brings a weapon
to school.
The Report of State Implementation of the Gun-Free Schools
Act--School Year 1998-99 issued in October 2000 indicates that
an estimated 3,523 students were expelled for bringing a
firearm to school. Fifty-seven percent of the 1998-99
expulsions involved high school students; 33 percent involved
junior high students; and the remaining 10 percent involved
elementary school students.
Part C--School safety and violence prevention
Part C includes a number of new provisions dealing with:
school safety and violence prevention activities; school
uniforms; transfer of school disciplinary records; and employee
background checks. These provisions are virtually identical to
provisions dealing with these subjects which were approved by
the Senate in 1999 as part of the Juvenile Justice
reauthorization bill (S. 254).
Part D--Environmental tobacco smoke
The bill transfers to part D of title IV the Elementary and
Secondary Education Act the environmental tobacco smoke
provisions currently contained in part C of title X of the
Goals 2000: Educate America Act. These provisions prohibit
smoking within any indoor facility used for the provision of
education, routine health care, day care, library services, or
early childhood development to children.
TITLE V--PUBLIC SCHOOL CHOICE AND FLEXIBILITY
Part A--Public school choice
Subpart 1--Public charter schools
The BEST Act continues and maintains the Public Charter
Schools program as provided in current law, authorizing a
funding level of $190 million for fiscal year 2002. Last
considered in 1998, the Charter Schools program was amended to
increase and strengthen accountability, promote dissemination,
and support technical assistance, evaluation and research on
model charter school programs.
Subpart 2--Magnet Schools Assistance Program
The Magnet Schools Assistance Program (MSAP) provides
competitive grants to local educational agencies for magnet
schools that are intended to reduce, eliminate, or prevent
minority group isolation in elementary and secondary schools
and to strengthen students' knowledge of academic or vocational
subjects. In order to be eligible for a grant, a local
educational agency must be a participant in a court-ordered or
voluntary desegregation plan. Magnet schools provide a special
curriculum intended to be attractive to substantial numbers of
students of different races.
The BEST Act continues the Magnet Schools Assistance
Program and includes several new elements designed to: improve
the capacity of local educational agencies to continue
operating magnet schools after the grant has ended; increase
the allowable use of funds for planning; clarify the critical
role of professional development; and enhance the quality of
the program. The fiscal year 2002 authorization level is $125
million.
The current law lists 4 uses of funds: (1) planning; (2)
acquisition of books and materials;(3) payment or subsidization
of the compensation of teachers and instructional staff who are
necessary for the conduct of the program; and (4) for schools
whose magnet program does not include all students enrolled in
the school. The BEST Act adds 3 new uses of funds to those in
current law. Grant funds may be used: (1) for professional
development in order to build the capacity to operate the
magnet school once Federal assistance has terminated; (2) to
enable the local educational agency to have more flexibility in
the administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet
school program; and (3) to enable the local educational agency
to have flexibility in designing magnet schools for students of
all grades.
The addition of professional development as a use of funds
is particularly important. Clarification is needed in the law
regarding professional development as a separate activity from
planning. Therefore, it is the committee's intent that
professional development be considered a core use of funds, and
not as planning. Trained, qualified teachers and staff are
critical to the success of magnet school as well as any other
school and these changes ensure that the magnet schools law
reflects these priorities.
Subpart 3--Public school choice
The Public School Choice provisions of the BEST Act
allocates funds to States, which--in turn--distribute them to
local educational agencies to carry out school improvement
activities. Each local educational agency receiving funds under
this subpart or under part A of title I, with the exception of
local educational agencies located in a States which receives a
minimum grant, must provide all students enrolled in a school
identified for school improvement with the option to transfer
to another public school within the agency that has not been
identified for school improvement. An exception is provided in
cases where the option to transfer is prohibited by State or
local law. If a local educational agency can demonstrate to the
State educational agency that it lacks the capacity to provide
all students with the option to transfer, the agency must
permit as many students as possible--selected on an equitable
basis--to transfer. A funding level of $225 million is
authorized for fiscal year 2002.
Part B--Flexibility
Overview
Part B of title V includes a broad array of flexibility
options for States and localities. A variety of current law
provisions dealing with waivers, program coordination,
consolidated applications, and related authorities are
incorporated into title V, permitting State and local officials
to find in one place the options available to them. New rural
flexibility provisions offer opportunities to combine Federal
education funds in ways which will make the most effective use
of these funds in meeting the individual needs of small, rural
schools and their students. In addition, part B includes the
Innovative Education Program Strategies program, authorized
under current law as title VI. This program offers the funds
and the discretion to local school districts which permit them
to address their most pressing local needs.
Subpart 1--Education flexibility partnerships
Subpart 1 includes the provisions of the Education
Flexibility Partnership Act, which was signed into law in 1999
(Public Law 106-25) as a free-standing bill. This act allows
State educational agencies to waive certain Federal
requirements, along with related State requirements, for the
purpose of raising the achievement of all students.
Subpart 2--Rural education initiative
The purpose of subpart 2 is to provide adequate funding to
rural school districts to enhance their ability to recruit and
retain teachers, strengthen the quality of instruction, and
improve student achievement. Through flexibility provisions and
a supplemental grant program, rural school districts will have
the ability to maximize their resources for implementation of
education reform strategies.
The programs authorized in subpart 2 are designed to
address two unique problems facing small, rural districts. The
Elementary and Secondary Education Act authorizes formula and
competitive grants that allow many of our local school
districts to improve the education of their students. These
Federal grants support efforts to promote such laudable goals
as the professional development of teachers, the incorporation
of technology into the classroom, and making sure our schools
provide safe learning environments for our children. Schools
receive several categorical grants supporting these programs,
each with its own authorized activities and regulations and
each with its own red tape and paperwork.
Unfortunately, as valuable as these programs may be for
thousands of predominantly urban and suburban school districts,
they simply do not work well in rural areas. This is because
the grants are based on school district enrollment. These
individual grants confront smaller schools with a dilemma;
namely, they simply may not receive enough funding from any
single grant to carry out meaningful activities.
Chapter 1, the Small, Rural School Achievement Program,
will allow a district with an enrollment of fewer than 600
students to combine the funds from programs authorized under
titles II and IV and subpart 4 of part B of title V and use the
funds to support projects that bring about improved academic
achievement. If student performance on assessments does not
improve at the end of 3 years of participation in the program,
the district may no longer participate.
Small rural schools face equally difficult challenges when
attempting to compete for competitive grants. These schools
must dedicate all of their resources to the primary task of
educating students. They lack the personnel and resources to
prepare successful applications.
To address this issue, participating local educational
agencies are eligible to receive a supplemental grant that,
when combined with other Federal dollars, will enable these
small rural schools to offer programs and activities of
sufficient size, scope, and quality to have a significant
impact upon student and school performance.
Chapter 2, the Low-Income and Rural School Program, is
designed to meet the needs of rural school districts serving
large numbers of disadvantaged students. Local educational
agencies residing in rural communities are eligible to receive
funds from this program if 20 percent of the children they
serve are from families living below the poverty level. A local
educational agency will not be permitted to continue to
participate in the program if student performance has not
increased after 3 years.
A funding level of $300 million is authorized to support
these programs during fiscal year 2002, of which $125 million
is to be made first available to carry out chapter 1.
Subpart 3--Waivers
Subpart 3 includes the waiver provisions currently included
as part D of title XIV. These provisions offer broad authority
for the waiver of statutory or regulatory requirements of the
act in order to increase the quality of instruction or improve
academic performance.
Subpart 4--Innovative Education Program Strategies
The purpose of the Innovative Education Program Strategies
program is to provide funds to local educational programs for
the implementation of initiatives that support school
improvement and reform efforts with the goal of advancing
student performance. To accomplish this purpose, States
allocate funds to local school districts for an array of
activities such as professional development, technology, and
library services.
This program was created 20 years ago in response to the
calls from State and local educational agencies that they be
given the flexibility to respond to the education reform needs
of their local communities. It remains the most flexible source
of education funds provided by the Federal government. The
Title VI Effectiveness Evaluation for 1998 prepared by the
Title VI National Steering Committee included the following
observation from an Arkansas school district official:
Title VI is the only Federal program where schools can
actually use money that isn't previously directed to a need
identified by those outside the school. As our needs change,
the program has the flexibility to change with us. The funds
are most beneficial when they are used with other funding
sources to work toward improving targeted areas identified by
the district.
The funding level authorized for the Innovative Education
Program Strategies program is $850 million for fiscal year
2002.
Part C--General flexibility authorities
Part C includes the ``Flexibility in the Use of
Administrative and Other Funds'' currently included as part B
of title XIV. These provisions permit States and localities to
consolidate administrative funds from several Federal programs.
Part D--Coordination of programs; consolidated State and local plans
and applications
Part D includes the ``Coordination of Programs;
Consolidated State and Local Plans and Applications''
provisions currently included as part C of title XIV. These
provisions permit the submission of a single plan for several
different programs at both the State and local levels.
Part E--Advanced Placement Program
The Advanced Placement Program was initially authorized as
part of the Higher Education Amendments of 1998. The BEST Act
adds the program to the Elementary and Secondary Education Act
and expands its purposes. The committee recognizes that having
rigorous academic programs available to students provides those
young people with better preparation for postsecondary study
and has adopted this program to ensure that the opportunity is
available to more students. A funding level of $50 million is
authorized for fiscal year 2002.
TITLE VI--PARENTAL INVOLVEMENT AND ACCOUNTABILITY
Part A--Parental assistance
The Parental Information and Resource Centers, established
under the Goals 2000: Educate America Act, has been
incorporated into the BEST Act. The committee bill strengthens
provisions that focus on partnerships among parents, teachers,
principals, administrators, and other school personnel. A
funding level of $50 million is authorized for fiscal year
2002.
Part B--Improving academic achievement
Part B is intended to support the accountability provisions
of the act by providing financial assistance to States for the
development and implementation of assessments and for State
participation in the National Assessment of Educational
Progress (NAEP). In addition, it provides for one-time bonus
payments to States that develop the new assessments required by
the BEST Act in advance of the deadlines included in the bill.
Further support for strong accountability is provided
through a system of awards and sanctions tied to student
achievement levels.
Both States and schools are eligible for awards.
``Achievement in Education Awards'' will be granted to States
that make the most progress in improving educational
achievement. The Secretary is to give greatest weight to a
State's success in improving the performance of economically
disadvantaged and minority students, as measured by State
assessments and by the State NAEP. Other measures to be taken
into account include the achievement of all students, improved
English proficiency of limited English proficient students,
increased high schoolgraduation percentages, and increased
percentage of students taking advanced coursework.
``No Child Left Behind Awards'' will be granted to schools
that have made greatest progress in improving the educational
achievement of economically disadvantaged students.
Penalties will be assessed on States that--based on State
assessment and State NAEP results--fail to make adequate yearly
progress and whose economically disadvantaged and minority
students fail to make statistically significant progress in the
academic subjects for which the State has developed content and
student performance standards. After 2 years of insufficient
progress, the Secretary is required to reduce up to 30 percent
of the State's administrative funds. After 3 such years, the
Secretary is required to reduce up to 75 percent of the State's
administrative funds.
Funding levels in part B include: $400 million for fiscal
year 2002 to develop and implement the required assessments,
$110 million for fiscal year 2002 to administer State
assessments under NAEP, and $50 million for fiscal year 2002
for the Fund to Improve Education Achievement. This Fund will
be used for awards and bonuses, as well as for improvement
activities, such as character education, that are designed to
promote the improvement of elementary and secondary education.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Part A--Indian education
Part A modifies and improves educational services provided
for American Indian and Alaska Native students. The committee
has included four new activities that can be provided under
grants to local educational agencies. These additions are
intended to encourage local educational agencies to address the
needs of American Indians and Alaskan Native students in the
areas of curriculum development, creating and implementing
standards, improving student achievement, and gifted and
talented education. The committee also recognizes that
increasing the flexibility at the local level may give local
educational agencies the ability to reduce their administrative
costs while improving the services they provide. Accordingly,
the committee included a new provision which would allow a
local educational agency which receives formula grants under
part A the ability to commingle all of the Federal funding they
receive for educating Indian children, regardless of which
agency provides it, into one coordinated, comprehensive program
to meet the specific needs of Indian children. In addition, the
committee has provided increased flexibility in counting
eligible children for funding purposes to BIA-funded schools.
In recognition of the importance of family literacy
services for affected populations, the committee has allowed
for grants for this purpose under the improvement of
educational opportunities for Indian children. The committee
has also underscored the importance of both pre-service and in-
service training by separating the 2 into different sections
under professional development. Finally, the percentage of
funds that can be used on administrative costs is reduced.
Part B--Native Hawaiian education
Part--modifies and improves the educational services
provided for Native Hawaiian students. The findings section is
updated with the most recent data available and includes
additional findings that reflect the new legal position of the
United States relative to the status of Native Hawaiians as set
forth in the brief filed by the United States in the United
States Supreme Court on July 28, 1999. The committee has
maintained the Native Hawaiian Education Council, while
reducing its size and composition. The committee has also
established priorities for the award of contract or grants
Recognizing that it has been difficult to have 1 Council
serving 2 or more islands, the committee has added 2 more
Island Councils so that each island will have its own Council.
The committee believes that placing all of the existing
programs serving Native Hawaiians into a single, more flexible
authority will allow all of the types of activities currently
carried out to continue. It is the committee's hope that this
consolidation will better serve the educational needs of Native
Hawaiians children and adults. The committee has focused on the
importance of family literacy services in affected populations
once again by adding it as a new permissible activity, and the
percentage of funds that can be used on administrative costs is
reduced.
Part C--Alaskan Native education
Part C modifies and improves the educational services
provided for Alaska Native students. The committee has placed
all of the existing programs serving Alaskan Natives into a
single, more flexible authority. These programs include: Alaska
Native Educational Planning, Curriculum Development, Teacher
Training, and Recruitment; Home-Based Education for Preschool
Children; and Student Enrichment. The committee believes that
the consolidation will allow these activities to continue and
will better serve the educational needs of Alaskan Native
children and adults. The committee has added family literacy
services as a new permissible activity and reduced the
percentage of funds that can be used on administrative costs.
TITLE VIII--IMPACT AID
Impact aid programs were reauthorized in 2000 as part of
the Floyd D. Spence National Defense Authorization Act for
fiscal year 2001 (Public Law 106-398), but remain a part of the
Elementary and Secondary Education Act. The BEST Act retains
impact aid programs in title VIII, but makes no changes to
these programs.
TITLE IX--MISCELLANEOUS PROVISIONS
Title IX includes provisions for an independent evaluation
by the National Academy of Sciences of the impact and effects
of high stakes assessments used by State and local educational
agencies. The evaluation is to address 3 components: (1)
Students, Teachers, Parents, Families, Schools, and School
Districts; (2) Students With Disabilities; and (3) Low Socio-
Economic Students, Limited English Proficient Students, and
Minority Students. A funding level of $4 million is authorized
for the evaluation.
REPEALS
The BEST Act repeals titles IX through XIV of the
Elementary and Secondary Education Act of 1965. The Goals 2000:
Education America Act is also repealed.
V. Regulatory Impact Statement
The committee has determined there will be increased
demands upon States, local educational agencies, and other
recipients of ESEA funds due to the expanded accountability
features of the BEST Act.
The BEST Act requires the development of State content and
student performance standards in history and science. Science
assessments must also be developed by the 2007-08 school year.
In addition, the BEST Act requires that all public school
students in grades 3 through 8 be tested annually in
mathematics and reading. These new provisions expand current
title I assessment requirements, not only by increasing the
frequency of math and reading assessments but also by expanding
the pool of students to be tested. Current title I requirements
apply only to students attending schools which receive title I
funds. States will also be required to participate in annual
State assessments under the National Assessment of Educational
Progress (NAEP) in 4th and 8th grade mathematics and reading.
Participation in these assessments is currently optional.
States and local educational agencies will also be required to
issue annual report cards including assessment information, as
well as other data related to student performance.
Recipients of funds under other ESEA programs, such as
teacher quality and technology education, will now be required
to submit performance objections as part of their applications
for funds. A failure to meet these objectives will result in
loss of grant funds.
In general, recipients of ESEA funds will be expected to
use those funds on programs which have proven to be effective
in improving student achievement and performance and in meeting
other program objectives.
The committee believes that it is appropriate to demand
results and accountability in exchange for the approximately
$18 billion expended annually by the Federal Government for
programs authorized under the Elementary and Secondary
Education Act. Recognizing the additional expense which some of
these new requirements will entail, the committee has provided
that the Federal Government will assume the costs of
development of the new assessments required for students in
grades 3-8 (as well as half of ongoing costs) and of State
participation in NAEP.
Finally, the BEST Act substantially reduces the number of
separate programs authorized under ESEA. These programs, as
well as the nearly $2 billion provided for them in fiscal year
2001, have been consolidated into broader authorities. This
program consolidation is expected to reduce the administrative
time and expense involved in developing, processing, and
awarding separate grants. The BEST Act also provides the
opportunity for small, rural school districts to combine funds
from several separate formula grant programs and apply these
funds toward local initiatives designed to improve student
achievement.
VI. Application of Law to the Legislative Branch
The BEST Act reauthorizes and amends the Elementary and
Secondary Education Act of 1965 to continue programs primarily
offering assistance to States and local educational agencies on
behalf of teachers and elementary and secondary school students
and, as such, has no application to the legislative branch.
VII. Cost Estimate and Unfunded Mandates Statement
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 28, 2001.
Hon. James M. Jeffords,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for the Better Education
for Students and Teachers Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Donna Wong
(for federal costs), Susan Sieg Tompkins (for the state and
local impact), and Nabeel Alsalam (for the private-sector
impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
Better Education for Students and Teachers Act--As ordered reported by
the Senate Committee on Health, Education, Labor, and Pensions
on March 8, 2001
Summary: Programs under the Elementary and Secondary
Education Act of 1965 (ESEA) were authorized through 2000 under
the General Education Provisions Act (GEPA). Programs were
authorized in 2001 by the Consolidated Appropriations Act
(Public Law 106-554). The Better Education for Students and
Teachers Act would reauthorize these programs through 2008. It
would also reauthorize parts of the Stuart B. McKinney Act, and
activities under ESEA that were authorized under Parts III and
IV of the Goals 2000: Educate America Act (Goals 2000).
CBO estimates that authorizations under the bill relative
to current law would total approximately $28 billion in 2002
and about $205 billion over the 2002-2008 period, assuming that
annual levels are adjusted to keep pace with inflation when
specific annual authorizations are not provided. (Without such
inflation adjustments, the annual authorization total would be
about $28 billion for each year, for a total of $194 billion
over the 2002-2008 period.) CBO estimates that appropriations
of the authorized levels would result in additional outlays of
$167 billion over the 2002-2008 period, relative to estimated
spending under the current law, if inflation adjustments are
included (and about $160 billion without inflation
adjustments).
The programs reauthorized in this bill would provide grants
to state and local education agencies and tribal governments to
assist specific populations of students in meeting state
performance standards. The bill contains no intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs incurred by state, local, or tribal governments would
result from complying with conditions of aid. The bill contains
no private-sector mandates as defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of the bill is shown in Table 1. The costs of
this legislation fall within the budget function 500
(education, training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF THE BETTER EDUCATION FOR STUDENTS AND TEACHERS ACT
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars.--
-------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments For Inflation
Spending Under Current Law:
Budget Authority/ 16,767 8,718 ........ ........ ........ ........ ........ ........
Authorization Level \1\....
Estimated Outlays........... 13,910 14,709 4,650 744 20 ........ ........ ........
Total Proposed Changes:
Estimated Authorization ........ 27,715 28,267 28,795 29,323 29,887 30,452 31,016
Level......................
Estimated Outlays........... ........ 1,506 20,886 26,951 28,643 29,172 29,727 30,290
Spending Under the Bill:
Estimated Authorization 16,767 36,454 28,267 28,795 29,323 29,887 30,452 31,016
Level......................
Estimated Outlays........... 13,910 16,215 25,536 27,694 28,663 29,172 29,727 30,290
Without Adjustments For Inflation
Spending Under Current Law:
Budget Authority/ 16,767 8,718 ........ ........ ........ ........ ........ ........
Authorization Level \1\....
Estimated Outlays........... 13,910 14,709 4,650 744 20 ........ ........ ........
Total Proposed Changes:
Estimated Authorization ........ 27,735 27,729 27,719 27,709 27,709 27,709 27,709
Level......................
Estimated Outlays........... ........ 1,506 20,856 26,517 27,695 27,685 27,683 27,683
Spending Under the Bill:
Estimated Authorization 16,767 36,454 27,729 27,719 27,709 27,709 27,709 27,709
Level......................
Estimated Outlays........... 13,910 16,215 25,506 27,260 27,715 27,685 27,683 27,683
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year.
Note: Components may not sum to totals because of rounding.
Basis of Estimate: The bill would reauthorize funding
through 2008 for various programs created under ESEA. These
programs would generally be reauthorized at specific levels for
2002 and for such sums as may be necessary for 2003 through
2008. CBO estimates that the bill would increase authorized
levels by $27.7 billion in 2002 and by $205.5 billion over the
2002-2008 period assuming that ``such sums'' amounts provided
after 2002 are adjusted for inflation. If the authorized
amounts are appropriated, the bill would increase outlays
relative to current law by $1.5 billion the first year and by
$167.2 billion over the seven-year period. (Without
inflationary adjustments, the increased authorizations would
result in outlays of $159.6 billion over the seven years.)
Table 2 presents CBO's estimates for the various components
of each title under the bill. CBO's estimate of authorized
levels is generally the authorized amount for 2002 with those
amounts inflated in later years. (The authorization for some
programs are specified after 2002.) For most existing programs
that the bill would reauthorize, the estimated outlays reflect
CBO's current spendout rate assumptions. For new programs or
significant revisions to existing programs, an explanation of
CBO's estimate is provided below.
Becuase most education programs operate on a forward-funded
basis, spending in the first year is consistently slow across
all programs, with variation in spending patterns in the
subsequent years. Historically, spending occurs even more
slowly when the programs are new, experience significant
funding increases, or institute matching requirements or other
restrictions.
title i--better results for disadvantaged children
Title I of the bill would reauthorize and revise programs
currently authorized under parts A, B, C, and E of Title I of
ESEA. It also would introduce new programs for student
assessments and reading initiatives. The bill would authorize a
total of $19 billion for 2002 for all programs under title I.
CBO estimates the total funding for title I for the 2002-2008
period would be $140.8 billion, assuming adjustments for
inflation, with resulting outlays of $115.9 billion over those
seven years.
Part A--Better Results for Disadvantaged Children. The bill
would reauthorize the Basic, Concentration, and Targeted Grant
Programs under Part of Title I, phase out the capital expensive
account, add new requirements for states to develop more
specific standards and assessments, and require states to
report annually on the results of the assessments.
TABLE 2.--DETAILED EFFECTS OF THE BETTER EDUCATION FOR STUDENTS AND TEACHERS ACT, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority/ 16,767 8,718 0 0 0 0 0 0
Authorization level \1\....
Estimated Outlays........... 13,910 14,709 4,650 744 20 0 0 0
Proposed Changes:
Title I--Better Results for Disadvantaged Children
Basic Grants to Local Education
Agencies (LEAs):
Estimated Authorization 0 15,000 15,294 15,587 15,881 16,189 16,497 16,805
Level......................
Estimated Outlays........... 0 750 12,015 14,950 15,537 15,831 16,137 16,445
Targeted Grants to LEAs:
Estimated Authorization 0 200 204 208 212 216 220 224
Level......................
Estimated Outlays........... 0 10 160 199 207 211 215 219
Even Start:
Estimated Authorization 0 250 255 260 265 270 275 280
Level......................
Estimated Outlays........... 0 8 183 229 258 263 268 273
Reading First:
Estimated Authorization 0 900 918 935 953 971 990 1,008
Level......................
Estimated Outlays........... 0 27 658 823 929 947 965 984
Early Reading First:
Estimated Authorization 0 75 76 78 79 81 82 84
Level......................
Estimated Outlays........... 0 2 55 69 77 79 80 82
Education of Migratory Children:
Estimated Authorization 0 400 408 416 423 432 440 448
Level......................
Estimated Outlays........... 0 20 320 399 414 422 430 439
Neglected, Delinquent, or At-
Risk Youth:
Estimated Authorization 0 50 51 52 53 54 55 56
Level......................
Estimated Outlays........... 0 3 40 50 52 53 54 55
Capital Expense Account:
Estimated Authorization 0 15 15 5 0 0 0 0
Level......................
Estimated Outlays........... 0 1 12 14 7 1 0 0
National Assessment and
Demonstrations of Innovative
Practices:
Estimated Authorization 0 35 36 36 37 38 38 49
Level......................
Estimated Outlays........... 0 2 28 35 36 37 38 38
21st Century Community Learners:
Estimated Authorization 0 1,500 1,529 1,559 1,588 1,619 1,650 1,681
Level......................
Estimated Outlays........... 0 180 1,204 1,497 1,556 1,585 1,616 1,647
Comprehensive School Reform:
Estimated Authorization 0 250 255 260 265 270 275 280
Level......................
Estimated Outlays........... 0 13 200 249 259 264 269 274
Dropout Prevention:
Estimated Authorization 0 250 255 260 265 270 275 280
Level......................
Estimated Outlays........... 0 13 200 249 259 264 269 274
Education for Homeless Children:
Estimated Authorization 0 70 71 73 74 76 77 78
Level......................
Estimated Outlays........... 0 4 49 68 72 74 75 77
Subtotal, Title I:........
Estimated 0 18,995 19,366 19,728 20,094 20,484 20,874 21,264
Authorization Level..
Estimated Outlays..... 0 1,030 15,123 18,830 19,664 20,031 20,416 20,806
Title II--Teachers
Grants to States, Local
Educational Agencies, and
Eligible Partnerships:
Estimated Authorization 0 3,000 3,059 3,117 3,176 3,238 3,299 3,361
Level......................
Estimated Outlays........... 0 150 2,103 2,894 3,100 3,159 3,219 3,281
National Programs:
Estimated Authorization 0 100 102 104 106 108 110 112
Level......................
Estimated Outlays........... 0 5 70 96 103 105 107 109
National Teacher Recruitment
Campaign:
Estimated Authorization 0 3 3 3 3 3 3 3
Level......................
Estimated Outlays........... 0 3 3 3 3 3 3 3
Math and Science Partnerships:
Estimated Authorization 0 500 510 520 529 540 550 560
Level......................
Estimated Outlays........... 0 15 40 176 505 514 524 534
Eisenhower Clearinghouse:
Estimated Authorization 0 5 5 5 5 5 5 6
Level......................
Estimated Outlays........... 0 (2) 3 5 5 5 5 6
Preparing Tomorrow's Teachers to
Use Technology:
Estimated Authorization 0 150 153 156 159 162 165 168
Level......................
Estimated Outlays........... 0 8 105 145 155 158 161 164
State and Local Programs for
Technology Use in Classrooms:
Estimated Authorization 0 1,000 1,020 1,039 1,059 1,079 1,100 1,120
Level......................
Estimated Outlays........... 0 100 652 965 1,033 1,053 1,073 1,094
National Panel on Portability of
Teacher Pensions:
Estimated 0 2 0 0 0 0 0 0
Authorization Level..
Estimated Outlays..... 0 1 1 0 0 0 0 0
Subtotal, Title III:......
Estimated Authorization 0 4,760 4,851 4,944 5,037 5,135 5,233 5,330
Level......................
Estimated Outlays........... 0 281 2,978 4,284 4,904 4,997 5,093 5,191
Title III--Moving Limited English Proficient Students to English Fluency
Bilingual Program:
Estimated Authorization 0 300 306 312 318 324 330 336
Level......................
Estimated Outlays........... 0 15 210 289 295 301 306 312
Foreign Language Assistance:
Estimated Authorization 0 35 36 36 37 38 38 39
Level......................
Estimated Outlays........... 0 2 25 34 34 35 36 36
Immigrant Education:
Estimated Authorization 0 200 204 208 212 216 220 224
Level......................
Estimated Outlays........... 0 10 140 193 197 200 204 208
Subtotal, Title III:......
Estimated 0 535 545 556 566 577 588 590
Authorization Level..
Estimated Outlays..... 0 27 375 516 526 536 546 557
Title IV--Safe and Drug-Free Schools and Communities
State Grants:
Estimated Authorization 0 700 714 727 741 755 770 784
Level......................
Estimated Outlays........... 0 35 491 675 723 737 751 766
National Programs:
Estimated Authorization 0 150 153 156 159 162 165 168
Level......................
Estimated Outlays........... 0 8 105 145 155 158 161 164
National Coordinator Initiative:
Estimated Authorization 0 75 76 78 79 81 82 84
Level......................
Estimated Outlays........... 0 4 53 72 77 79 80 82
Grants to Combat the Impact of
Domestic Violence on Children:
Estimated Authorization 0 5 5 5 0 0 0 0
Level......................
Estimated Outlays........... 0 (2) 4 5 5 2 0 0
Subtotal, Title IV:.......
Estimated 0 930 948 966 979 998 1,017 1,036
Authorization Level..
Estimated Outlays..... 0 47 652 897 961 975 993 1,012
Title V--Public School Choice and Flexibility
Charter Schools:
Estimated Authorization 0 190 194 197 201 205 209 213
Level......................
Estimated Outlays........... 0 10 133 183 196 200 204 208
Magnet Schools:
Estimated Authorization 0 125 127 130 132 135 137 140
Level......................
Estimated Outlays........... 0 6 88 121 129 132 134 137
Public School Choice:
Estimated Authorization 0 225 225 225 225 225 225 225
Level......................
Estimated Outlays........... 0 11 158 214 225 225 225 225
Rural Education:
Estimated Authorization 0 300 306 312 318 324 330 336
Level......................
Estimated Outlays........... 0 15 210 289 310 316 322 328
Innovative Education Programs:
Estimated Authorization 0 850 867 883 900 917 935 952
Level......................
Estimated Outlays........... 0 43 596 820 878 895 912 930
Advanced Placement:
Estimated Authorization 0 50 51 52 53 54 55 56
Level......................
Estimated Outlays........... 0 3 35 48 52 53 54 55
Subtotal, Title V:........
Estimated 0 1,740 1,770 1,799 1,829 1,860 1,891 1,922
Authorization Level..
Estimated Outlays..... 0 87 1,219 1,675 1,790 1,820 1,851 1,882
Title VI--Parental Involvement and Accountability
Parental Involvement:
Estimated Authorization 0 50 51 52 53 54 55 56
Level......................
Estimated Outlays........... 0 5 33 48 52 53 54 55
State Assessment Plans:
Estimated Authorization 0 400 408 416 423 432 440 448
Level......................
Estimated Outlays........... 0 12 272 386 413 421 429 437
National Assessment of Education
Progress:
Estimated Authorization 0 110 112 114 116 119 121 123
Level......................
Estimated Outlays........... 0 3 75 106 114 116 118 120
Improving Academic Achievement:
Estimated Authorization 0 50 51 52 53 54 55 56
Level......................
Estimated Outlays........... 0 5 33 48 52 53 54 55
Subtotal, Title VI:.......
Estimated 0 610 622 634 646 658 671 683
Authorization Level..
Estimated Outlays..... 0 25 412 588 630 642 654 667
Title VII--Indians, Native Hawaiians, and Alaska Native Education
Grants Administration and
Planning:
Estimated Authorization 0 3 3 3 3 3 3 3
Level......................
Estimated Outlays........... 0 (2) 2 3 3 3 3 3
Indian Education:
Estimated Authorization 0 93 95 97 98 100 102 104
Level......................
Estimated Outlays........... 0 5 74 93 96 98 100 102
Special Programs and National
Activities:
Estimated Authorization 0 20 20 21 21 22 22 22
Level......................
Estimated Outlays........... 0 1 16 20 21 21 22 22
Native Hawaiian Council:
Estimated Authorization 0 (2) (2) (2) (2) (2) (2) (2)
Level......................
Estimated Outlays........... 0 (2) (2) (2) (2) (2) (2) (2)
Education for Native Hawaiians:
Estimated Authorization 0 28 29 29 30 30 31 31
Level......................
Estimated Outlays........... 0 1 20 27 29 29 30 31
Alaska Native Education Equity:
Estimated Authorization 0 17 17 18 18 18 19 19
Level......................
Estimated Outlays........... 0 1 12 16 18 18 18 19
Subtotal, Title VII:......
Estimated 0 161 164 167 171 174 177 180
Authorization Level..
Estimated Outlays..... 0 8 125 159 167 170 173 176
Title IX--Miscellaneous Provisions
Evaluation of Assessments:
Estimated Authorization 0 4 0 0 0 0 0 0
Level......................
Estimated Outlays........... 0 1 1 1 1 0 0 0
Total Proposed Changes:
Estimated Authorization 0 27,735 28,267 28,795 29,323 29,887 30,452 31,016
Level......................
Estimated Outlays........... 0 1,506 20,886 26,951 28,643 29,172 29,727 30,290
Total Spending Under the Bill:
Estimated Authorization 16,767 36,454 28,267 28,795 29,323 29,887 30,452 31,016
Level......................
Estimated Outlays........... 13,910 16,215 25,536 27,694 28,663 29,172 29,727 30,290
----------------------------------------------------------------------------------------------------------------
1 The 2001 level is the amount appropriated for that year.
2 Less than $500,000.
Note: Components may not sum to totals because of rounding.
The bill would authorize $15 billion for 2002 for the basic
and concentrations grants under Part A. The comparable funding
for the 2001-2002 academic year is $8.6 billion. The bill also
would authorize $200 million in 2002 for targeted grants.
Although authorized, this program has not been funded in the
past.
The bill would continue the authorization of the capital
expense account. This account funds costs associated with
ensuring that Title I services to private-school children are
administered in neutral settings. In response to the 1997
Supreme Court ruling that overturned this requirement, the bill
would phase out funding over three years, authorizing $15
million for 2002, $15 million for 2003, and $5 million for
2004. The funding level for 2001 is $6 million.
The bill would amend Part A of Title I to include more
specific standards and assessment requirements for state plans.
The bill would require states to include performance indicators
in their plans as well as sanctions and rewards for local
educational agencies (LEAs). State progress would be measured
by each state according to its state plan. The bill also would
require that states produce annual report cards beginning in
academic year 2002-2003. The report cards would provide
information on student achievement performance at each
proficiency level on the state assessments. The bill would
require states to assess all students annually in grades 3
through 8 in mathematics and reading, and measure the outcomes
of the assessments against the state content and student
performance standards established in the state plans, beginning
no later than school year 2005-2006.
The bill also would authorize $35 million for 2002 for
federal evaluations and demonstrations. Funding for these
activities is $9 million in 2001.
Part B--Literacy for Children and Families. The bill would
reauthorize funding for the Even Start Literacy program,
currently Part B in Title I of ESEA, and create two new reading
programs--the Reading First program and the Early Reading First
program.
The bill would authorize $250 million for the Even Start
program, the same amount that was appropriated for 2001.
The bill would authorize $900 million in 2002 for the
Reading First program. The Reading First program replaces the
Reading Excellence program, which is currently authorized under
Part C of Title II of ESEA, The Reading Excellence program is
funded at $286 million in 2001. The Reading First program would
first provide formula grants to states. States would award
grants competitively to LEAs. The program would allow states to
apply for grants if funds remain. The Reading Excellence
program uses a two-tier competitive grant structure, which has
resulted in slow spending in the first two years relative to
formula grant or one-tier competitive grant programs. CBO
estimates that spending for the Reading First program would be
at a rate comparable to spending for other formula grants to
states with competitive grants to LEAs.
The bill also would create a new program for pre-school
reading programs. The Early Reading First program would provide
competitive grants to LEAs or private organizations to develop
and provide pre-school reading programs. The bill would
authorize $75 million for the Early Reading First program.
Part C--Education of Migratory Children. The bill would
authorize $400 million in 2002 to continue to fund grants to
support the needs of children of migrant workers, currently
authorized under Part C of Title I. Funding in 2001 for the
Migrant Education program is $380 million.
Part D--Initiatives for Neglected, Delinquent, or At-Risk
Youth. The bill would authorize $50 million in 2002 to
reauthorize grants for education programs for neglected or
delinquent youth, compared with the 2001 funding level of $46
million.
Part E--21st Century Community Learning Centers;
Comprehensive School Reform; School Dropout Prevention. The
bill would authorize $1.5 billion in 2002 to continue the 21st
Century Community Learners program currently authorized under
Part I of Title X of ESEA. The program's funding for 2001 is
$846 million.
The bill would authorize $250 million for 2002 to continue
the Comprehensive School Reform Grant Program. The program
received $210 million in 2001.
The bill would also introduce a new National School Dropout
Prevention Program. A program to address school dropouts is
currently authorized under Part C of Title V, but has never
been funded. Schools would be allowed to use funds for start-up
and implementation costs of dropout prevention programs. The
bill would authorize $250 million to fund grants to states.
States would award grants to schools with the highest dropout
rates in the state. If funding is less than $250 millions,
grants would be awarded to states on a competitive basis. If
funding is equal to more that $250 million, grants would be
distributed to states using a formula. CBO assumes a spending
rate consistent with spending for other competitive grant
programs.
Part F--Education for Homeless Children and Youth. The bill
would amend and reauthorize Subtitle B of Title VII of the
Steward D. McKinney Homeless Assistance Act, authorizing $70
million for education for homeless children and youth in 2002.
The appropriation for 2001 was $35 million.
Title II--Teachers
Title II would authorize a total of $4.8 billion for 2002
for several initiatives that address teacher hiring,
recruitment, and professional development. CBO estimates that
implementing this title would cost $27.7 billion over the 2002-
2008 period.
Teacher Quality. The bill would authorize a total of $3
billion for a block grant to fund many activities previously
authorized under the Eisenhower Professional Development and
Class Size Reduction programs, both of which would be
discontinued. The combined funding level in 2001 is $1.9
billion under the Eisenhower Professional Development and the
Class Size Reduction programs. CBO assumes a spending rate
consistent with the rate of spending for other new formula
grant programs.
The bill also would authorize $100 million to fund national
programs and activities such as nonprofit agencies or
institutions of higher education providing mentors or
professional development for teachers. In 2001, $41 million was
appropriated for these activities.
The bill also would authorize $3 million for each year over
the 2002-2008 period for a National Teacher Recruitment
Campaign. The program would award a grant to a coalition of
teacher and media organizations to conduct a public service
campaign concerning the resources for and routes to entering
the field of teaching. For each year, CBO estimates that almost
all funds would be spent in the year that they are
appropriated.
Mathematics and Science Partnerships. The bill would
authorize total funding of $505 million in 2002 for the Math
and Science Partnerships program and the Eisenhower
Clearinghouse for Mathematics and Science Education. The Math
and Science Partnerships program would replace the existing
Eisenhower Regional Mathematics and Science Education Consortia
currently authorized in Title XIII, Part C. The Mathematics and
Science Partnerships program would provide grants to
partnership of states, local institutions, and institutions of
higher education to offer summer and distance education
workshops for math and science teachers, establish recruitment
strategies, and provide other career development activities.
The bill would authorize $500 million for 2002 for the Math
and Science Partnerships program. The existing Eisenhower
Regional Mathematics and Science Education Consortia is funded
at $15 million in 2001. The bill also would authorize $5
million in 2002 for the Eisenhower Clearinghouse for
Mathematics and Science Education. The Clearinghouse is funded
at $5 million in 2001. CBO assumes that funding for the new
programs would be spent at a rate similar to other competitive
matching grant programs.
The bill also would authorize $150 million in 2002 for a
new program. Preparing Tomorrow's Teachers to Use Technology.
Grants would be awarded competitively to education consortiums
to develop or redesign teacher preparatory programs to enable
teachers to use technology effectively in classrooms. CBO
assumes that outlays for this program would be consistent with
the rate of spending for other competitive grant programs.
State and Local Programs for Technology Use in Classrooms.
The bill would authorize a total of $1 billion in 2002 for
competitive grants to fund many activities previously
authorized under the Literacy Challenge Fund, the Innovative
Challenge Fund, and the National Leadership program. The
combined funding level in 2001 is $588 million for those three
programs. The Technology Use in Classrooms program would
provide grants for ongoing professional development in the
integration of technology into the curriculum, providing
educational services for adults and families, and acquiring
resources. CBO assumes that the rates of spending for this
program would be similar to other competitive grant programs.
Portability of Teacher Pensions and Credentials. The bill
would authorize such sums as may be necessary for fiscal year
2002 for a National Panel to study various options for
increasing the reciprocity of recognition of teacher
credentials and portability of teacher pensions between states.
A report would be complete no later than one year after
appointment of the panel. CBO estimates the National Panel
would cost $2 million, with outlays of about $1 million in each
of fiscal years 2002 and 2003.
title iii--moving limited english proficient students to english
fluency
The bill would authorize $535 million for the Moving
Limited English Proficiency Students to English Fluency
program, currently authorized as the Bilingual Education
program under Title VII or ESEA. The funding level for 2001 is
$460 million. CBO estimates that implementing this title would
cost $3.1 billion over the 2002-2008 period.
The bill would authorize:
$300 million for 2002 for the Bilingual Education
Program, which is funded at $296 million for 2001;
$35 million for the Foreign Language Assistance
Program in 2002, which received $14 million in funding
in 2001; and
$200 million for the Emergency Immigrant Education
Program, which is funded at $150 million for 2001.
Title IV--Safe and Drug-Free Schools and Communities
The bill would authorize a total of $930 million for 2002
to continue the Safe and Drug-Free Schools and Communities
Program, currently authorized under Title IV of ESEA. CBO
estimates that implementing this title would cost $5.5 billion
over the 2002-2008 period. Total funding for the program in
2001 is $644 million.
State Grants. The bill would authorize $700 million in 2002
to continue grants to state educational agencies and governors'
programs, which are funded at $439 million in 2001.
The bill would authorize $150 million in 2002 to continue
national programs, which are funded at $155 million in 2001.
The bill also would authorize $75 million in 2002 to continue
the National Coordinator Initiative. The National Coordinator
Initiative is funded at $50 million in 2001.
The bill would also create a new competitive grant program
to provide grants to elementary and secondary schools to combat
the impact of experiencing or witnessing domestic violence on
elementary and secondary children. Funds could be used for
training of personnel or developing programs and policies to
combat the impact of experiencing or witnessing domestic
violence. The bill would authorize $5 million in 2002, 2003,
and 2004 for this program. CBO assumes a spending rate
consistent with the rate of spending for other new competitive
grant programs.
School Safety and Violence Prevention. The bill would allow
federal funds in title IV to be used to train personnel to
identify potential safety threats in the schools. CBO expects
that this provision would have no impact on the rate at which
such funds are spent.
Title V--Public School Choice and Flexibility
Title V would authorize $1.7 billion in 2002 for several
programs previously authorized under other titles of ESEA.
Programs authorized under Title V are Charter Schools, Magnet
Schools, Public School Choice, Rural Education, Innovative
Education Programs, and Advanced Placement. CBO estimates that
implementing this title would cost $10.3 billion over the 2002-
2008 period.
Public School Choice. The bill would reauthorize the
Charter School program, currently authorized through 2003 under
the Charter School Reauthorization Act (Public Law 105-278) and
through 2004 under GEPA. The bill would authorize $190 million
for 2002-the same amount that has been provided for 2001--and
extend the authorization through 2008.
The bill would authorize $125 million for 2002 to continue
the Magnet Schools Program currently authorized under Part A of
Title V, compared with 2001 funding of $110 million.
The bill would reauthorize $225 million for each of the
fiscal years 2002-2008 for the Public School Choice program
which was created in the Consolidated Appropriations Act of
2001 (Public Law 106-554). The program allocates funds to
states who in turn allocate funds to LEAs for school
improvement activities. LEAs that receive funds must provide
students enrolled in a school identified for school improvement
with an option to transfer to another public school that has
not been identified for school improvement within the school
district served by the LEA. The program is funded at $225
million in 2001 as a set-aside from basic grants to LEAs under
Title I of ESEA.
Flexibility. The bill would authorize the Rural Education
Achievement Program and the Local Innovative Education Program.
The bill would create a new program called the Rural
Education Achievement Program to replace the Urban and Rural
Education Assistance program, currently authorized under Part J
of Title X of ESEA. The bill would authorize the program at
$300 million in 2002, of which $150 million would be available
for grants to small rural education agencies to carry out
innovative assistance activities. Any remaining funds could be
used for grants to state educational agencies for the low-
income and rural school program. The Urban and Rural Education
Assistance Program is not funded for 2001.
The bill also would authorize $850 million to continue the
Innovative Education Program. The program is currently
authorized under Title VI of ESEA. This program is funded at
$385 million in 2001.
Flexibility and Coordination. The bill would allow state
educational agencies to consolidate funds for administration of
programs. The bill also would allow state educational agencies
to submit a consolidated state plan or application for each of
the programs in which the state participates or applies.
Advanced Placement Programs. The bill would authorize $50
million in 2002 and expand allowable activities under the
Advanced Placement program currently authorized by Part B of
Title VII of the Higher Education Act. Funds would first be
allocated to states to enable states to reimburse low income
individuals to cover all or part of the cost of advanced
placement (AP) test fees. The remainder of funds could be used
to expand AP courses and fund on-line AP courses. The program
is funded at $22 million in 2001.
title vi--parental involvement and accountability
Title VI would authorize a total of $610 million in 2002
for new initiatives aimed at increasing parental involvement in
schools. CBO estimates that implementing this title would cost
$3.6 billion over the 2002-2008 period.
Parental Involvement Grants. The bill would authorize $50
million for 2002 for a new Parental Involvement Grant Program.
The Parental Involvement Grant Program would replace and expand
upon the Parental Assistance Funds Program, authorized under
Title IV of Goals 2000 which is funded at $38 million in 2001.
Funds provided under this part would be used to support
continuation grants for recipients under the current program.
Improving Academic Achievement. The bill also would
authorize funds for the planning and implementation of the
state assessment plans and the administration of the annual
assessments of students described in title I of this bill. The
bill would authorize $400 million in 2002 for planning and
implementation of state plans. The bill also would authorize
$110 million for states to administer assessments under
National Assessment of Educational Progress (NAEP). The bill
would provide funds to states to administer state assessments
of fourth- and eighth-grade reading and mathematics under NAEP.
CBO assumes the new funds will be spent at a rate consistent
with the rate for other new formula grant programs.
The bill also would create a new Education Award program
which would allow the Secretary of Education to award grants to
states that make the most progress in student achievement,
schools that complete their state assessment plans in advance
of the schedule, and schools that make the most progress in the
progress of economically disadvantaged students' achievement.
The bill would authorize $50 million for education awards. CBO
assumes funds would be spent at the same rate as the National
Assessment of Educational Progress grants.
The bill also would establish penalties for states based on
state assessment results. States that fail to make yearly
progress for two consecutive years could have their
administrative funds reduced up to 30 percent. States that fail
to make progress for three or more consecutive years could have
up to 75 percent of their administrative funds reduced. CBO
expects that this provision would not significantly change
spending.
title vii--indian, native hawaiian, and alaska native education
The bill would authorize $161 million to continue education
programs currently authorized under Parts A, B, and C of Title
IX of ESEA. Total funding for 2001 is $159 million.
Indian Education. For 2002, the bill would reauthorize a
total of $116 million for Indian Education programs. The bill
would authorize $93 million for formula grants to LEAs for
Indian Education. That program is funded at the same amount for
2001. The bill would authorize $20 million for special programs
and national activities in 2002, the same amount that is
appropriated for 2001. Finally, the bill would authorize $3
million for each of the fiscal years 2002 through 2008 for
grants to tribes for administration and planning. Funding in
2001 is also $3 million.
Native Hawaiian Education. The bill would authorize $28
million in 2002 for education for Native Hawaiians. Current
programs would be consolidated into one authorization and new
activities would be authorized. The appropriation for 2001 is
also $28 million. The bill also would authorize $300,000 for a
Native Hawaiian Council to oversee coordination of educational
services available to Native Hawaiians.
Alaska Native Education. The bill would authorize $17
million in 2002 for Alaska Native education. Funding in 2001 is
$15 million.
title viii--repeals
The bill would repeal Titles IX through XIV of the
Elementary and Secondary Education Act of 1965. The bill also
would repeal the Goals 2000: Educate America Act. Programs that
would be repealed in title VIII or elsewhere in the bill
include:
Telecommunications Demonstration Project for
Mathematics,
Elementary Mathematics and Science Equipment Program,
Star Schools,
Ready to Learn TV,
Technology Education,
Women's Education Equity,
Fund for Improvement of Education,
Gifted and Talented,
Arts in Education,
Inexpensive Book Distribution,
Ellender Fellowship,
National Writing Project,
International Education Exchange,
School Facilities Infrastructure Improvement Act,
Comprehensive Regional Assistance Centers,
National Diffusion Network,
Eisenhower Regional Mathematics and Science Education
Consortia,
Community-based Technology Centers,
Professional Development National Programs, and
School Renovation Grants.
TITLE IX--MISCELLANEOUS PROVISIONS
Title IX would authorize the appropriation of $4 million in
2002 for an evaluation of standardized tests that are mandated
to be used in determining a student's promotion, graduation, or
tracking. the bill would authorize such funding for the Board
on Testing and Assessment of the National Research Council of
the National Academy of Sciences for an ongoing evaluation of
the effectiveness of school assessments. The study would not
exceed four years. CBO estimates that completing the study
would cost about $1 million each year over the four-year
period.
Pay as you go considerations: None.
Estimated impact on State, local, and tribal governments:
The bill would reauthorize certain sections of the Elementary
and Secondary Education Act of 1965 and would authorize over
$27 billion in grants to state and local education agencies and
tribal governments to support their efforts to improve
educational opportunities and performance for specific
populations of students. The bill contains no intergovernmental
mandates as defined in UMRA. In general, any costs to state,
local, or tribal governments as a result of enactment of this
bill would be incurred voluntarily, as conditions of aid.
Estimated impact on the private sector: The bill contains
no private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Donna Wong; impact on
State, local, and tribal governments: Susan Sieg Tompkins;
impact on the private sector: Nabeel Alsalam.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VIII. Section-By-Section Analysis
Section 1--Short Title; Table of Contents. Section 1
specifies the title of the legislation as the ``Better
Education for Students and Teachers Act'' and lists the table
of contents.
Section 2--References. Section 2 notes that all amendments
and repeals referenced in the act apply to the Elementary and
Secondary Education Act of 1965 (ESEA).
Section 3--Short Title; Purpose; Definitions; Uniform
Provisions. Section 3 amends the Elementary and Secondary
Education Act (``the Act'') to add the following new sections:
Section 2 of the Act specifies the purpose of the
Elementary and Secondary Education Act, which is to support
programs and activities that will improve the Nation's schools
and enable all children to achieve high standards.
Section 3 of the Act includes the definitions used
throughout ESEA.
Section 4 of the Act--Maintenance of Effort. This section
restates current law provisions requiring that a local
educational agency must maintain at least 90 percent of its
combined fiscal effort per student or the aggregate of State
and local educational agency expenditures for free public
education for the previous fiscal year in order to receive
funds under the Act.
Section 5 of the Act--Prohibition Regarding State Aid. This
section restates current law provisions prohibiting a State
from taking payments under this Act into consideration in
determining the eligibility of a local educational agency for
State aid or for the amount of such aid. An exception is made
for payments under Title VIII (impact aid).
Section 6 of the Act--Participation by Private School
Children and Teachers. This section restates current law
provisions regarding programs under the Act in which private
school children and teachers may participate and the conditions
and procedures which apply to such participation.
Section 7 of the Act--Standards for By-Pass. This section
restates current law provisions regarding the Secretary's
arranging for equitable services to children, teachers, or
other educational personnel at private elementary and secondary
schools in cases where a State educational agency, a local
educational agency, an educational service agency, or
consortium is prohibited from providing for their
participation.
Section 8 of the Act--Complaint Process for Participating
of Private School Children. This section restates current law
provisions establishing procedures regarding complaints
regarding violations of provisions of the Act providing for
participation by private school children and teachers.
Section 9 of the Act--By-Pass Determination Process. This
section restates current law provisions providing that the
Secretary may not exercise by-pass authority until the State
educational agency, local educational agency, educational
service agency, or consortium of such agencies affected by the
action has had an opportunity to submit written objections and
to appear before the Secretary. The agency or consortium may
appeal the decision of the Secretary. Funding for the services
provided through the by-pass authority is providing from the
appropriate State allocation or allocations under the Act.
Section 10 of the Act--Prohibition Against Funds for
Religious Worship or Instruction. This section restates the
current law provision that nothing in the Act is to be
construed to authorize the making of any payment for religious
worship or instruction.
Section 11 of the Act--Applicability to Home Schools. This
section restates the current law provision that nothing in the
Act is to be construed to affect home schools.
Section 12 of the Act--General Provision regarding
Nonrecipient Nonpublic Schools. This section restates current
law provisions providing that nothing in the Act is to be
construed to authorize Federal control over any aspect of any
private, religious, or home school--whether or not a home
school is treated as a private school or home school under
State law. The section is not be to construed to bar private,
religious, or home schools from participating in programs or
services under the Act.
Section 13 of the Act--School Prayer. This section restates
current law provisions regarding school prayer.
Section 14 of the Act--General Prohibitions. This section
restates current law provisions prohibiting the use of funds
under this Act for the promotion of sexual activity, the
distribution of obscene materials to minors, sex education or
HIV prevention education (unless such instruction is age
appropriate and includes the health benefits of abstinence), or
condom distribution.
Section 15 of the Act--Prohibition on Federal Mandates,
Direction, and Control. This section restates current law
provisions providing that nothing in the Act is to be construed
to authorize Federal direction or control of curriculum,
programs of instruction, or allocation of State or local
resources. The section also provides that the Federal
Government may not require a State or any subdivision to spend
funds or incur costs not paid for under the Act.
title I--better results for disadvantaged children
Section 101--Policy and Purpose. Section 101 amends section
1001 of the Act to modify the purpose. The purpose is to enable
schools to provide opportunities for children served under
title I to acquire the knowledge and skills contained in the
challenging State content standards and to meet the challenging
State student performance standards developed for all children.
Thesection also describes various mechanisms for accomplishing
the purpose.
Section 102--Authorization of Appropriations. Section 102
amends section 1002 of the Act and specifies the authorized
funding levels for all parts and certain provisions of title 1.
The authorization level for part A (Better Results for
Disadvantaged Children) is $15 billion for fiscal year 2002 and
such sums as may be necessary in each of the 6 succeeding
fiscal years. The authorization level for subpart 1 of part B
(Even Start) is $250 million for fiscal year 2002 and such sums
as may be necessary in each of the 6 succeeding fiscal years.
The authorization level for subpart 2 of part B (Reading First)
is $900 million for fiscal year 2002 and such sums as may be
necessary in each of the 6 succeeding fiscal years. The
authorization level for subpart 3 of part B (Early Reading
First) is $75 million for fiscal year 2002 and such sums as may
be necessary in each of the 6 succeeding fiscal years. The
authorization level for part C (Migratory Children) is $400
million for fiscal year 2002 and such sums as may be necessary
in each of the 6 succeeding fiscal years. The authorization
level for Part D (Neglected, Delinquent Youth) is $50 million
for fiscal year 2002 and such sums as may be necessary in each
of the 6 succeeding fiscal years. The authorization level for
section 1120(e) (Capital Expenses) is $15 million for each of
the fiscal years 2002 and 2003 and is $5 million for fiscal
year 2004. The authorization level for section 1501 (Federal
Activities) is $10 million for fiscal year 2002 and such sums
as may be necessary in each of the 6 succeeding fiscal years.
For section 1502, the authorization level is $25 million for
fiscal year 2002 and such sums as may be necessary in each of
the 6 succeeding fiscal years. The authorization level for part
F (21st Century Community Learning Centers) is $1.5 billion for
fiscal year 2002 and such sums as may be necessary in each of
the 6 succeeding fiscal years. The authorization level for part
G (Comprehensive School Reform) is $250 million for fiscal year
2002 and such sums as may be necessary in each of the 6
succeeding fiscal years. The authorization level for part H
(School Dropout Prevention) is $250 million for fiscal year
2002 and such sums as may be necessary in each of the 6
succeeding fiscal years, of which 10 percent will be used for
subpart 1 (Coordinated National Strategy) and the remaining 90
percent for subpart 2 (National School Dropout Prevention
Initiative).
Section 103--Reservation and Allocation for School
Improvement. Section 103 amends section 1003 of the Act to
provide that each State educational agency will reserve a
portion of its title I allocation to conduct school improvement
activities and to provide technical assistance and support for
local educational agencies. At least half of the reserved funds
must be provided directly to local educational agencies for
schools identified for school improvement, corrective action,
or reconstitution. The reserved amount is 3.5 percent of the
allocation in each of fiscal years 2002 and 2003, rising to 5
percent of that amount in each of fiscal years 2004 through
2008.
Part A--Better Results for Disadvantaged Children
Section 111--State Plans. Section 111 rewrites section 1111
of the Act. Provisions of the new section 1111 include:
Section 1111(a)--State Plans. Section 1111(a) requires
States to submit a plan to the Secretary by March 1, 2002, in
order to received funds under part A. The plan must meet the
requirements of section 1111 and be coordinated with other
programs under this Act and with other Federal education
programs.
Section 1111(b)--Standards, Assessments, and
Accountability.
Section 1111(b)(1) [Challenging Standards] requires that
States adopt challenging content and student performance
standards and that those standards apply to all schools and
children in the State. In addition to having standards in
mathematics and reading or language arts, as required by
current law, States must have standards in history and science.
States have until the beginning of the 2005-2006 school year to
meet the new history and science standards requirement. The
section maintains current law provisions requiring that
challenging student performance standards be aligned with State
content standards and that they describe 2 levels of high
performance (proficient and advanced) and 1 other level of
performance (partially proficient).
Section 1111(b)(2)(A) [Accountability] requires States to
develop and implement a single, statewide accountability system
for assuring that all local educational agencies and schools
make adequate yearly progress (AYP). The accountability system
must be based on the standards and assessments required under
title I, must include indicators for measuring student
performance, and must include sanctions and rewards.
Section 1111(b)(2)(B) [Adequate Yearly Progress] provides
that adequate yearly progress will be demonstrated by annual
student assessments. In addition, States must define adequate
yearly progress in a manner that: (1) applies high standards to
all students; (2) is statistically valid and reliable; (3)
results in academic improvement for all students; (4) measures
progress primarily through assessments; (5) includes annual
measurable objectives for improvement in the achievement of all
students and of economically disadvantaged students, students
with disabilities, students with limited English proficiency,
migrant students, students by racial and ethnic group, and
students by gender; (5) includes a timeline for assuring that
each group of students meets or exceeds the State's proficient
level of performance within 10 years; and (6) includes school
completion or dropout rates and at least 1 other academic
indicator.
Section 1111(b)(2)(C) [Public Comment] provides that the
State seek public comments from a range of institutions and
individuals in developing its plan. In addition, the State is
to ensure information under part A is widely known throughout
the State. At a minimum, this information and explanatory text
is to be made broadly available through means such as the
Internet, the media, and public agencies.
Section 1111(b)(2)(D) [Exceptions to Statewide Application]
addresses cases where no State official or entity has authority
under State law to adopt curriculum content standards, student
performance standards, and aligned assessments which are
applicable to all public school students. In such cases, the
State may meet title I requirements either: (1) by applying
statewide standards and assessments only to children served
under part A, or (2) by ensuring that each local educational
agency which receives title I funds will adopt standards and
assessments which meet all of the criteria described in
subsection (b).
Section 1111(b)(2)(E) [Statistical Significance] provides
that the State plan must include a description of the standard
the State will use in determining statistically significant
educational progress for purposes of implementing the
reconstitution provisions.
Section 1111(b)(3) [Assessments] provides that, in addition
to having annual student assessments in mathematics and reading
or language arts as required by current law, States must have
such assessments in science. States have until the beginning of
the 2007-2008 school year to meet the new science assessment
requirement. The same assessments must be used to measure the
performance of all children. A new provision is added to
require annual assessment in mathematics and reading or
language arts of all students in grades 3 through 8, beginning
in school year 2005-2006. In exceptional circumstances, a State
may be given 1 additional year to come into compliance. In
addition, a State will not be required to conduct any of the
new mathematics and reading assessments in any school year in
which less than 50 percent of the costs of administering these
assessments was provided by the Federal government in the
previous year.
All reading or language arts assessments must be written in
English for any student who has attended school in the United
States for 3 or more consecutive years, unless the local
educational agency--on a case-by-case basis--determines that
assessments in another language would yield more accurate and
reliable information. In such situations, students may be
tested in a language other than English for 1 additional year
or--in exceptional circumstances--for additional years. The
section also clarifies that the individual student reports
required under current law must be provided to parents of all
students. The report must include scores, and may include other
performance standards (student course work over time,
attendance rates, dropout rates, and participation in advanced
level courses).
Section 1111(b)(3) also maintains current law provisions
requiring that assessments: (1) be aligned with State content
and student performance standards; (2) be used for purposes for
which they are valid and reliable; (3) be consistent with
relevant, nationally recognized professional and technical
standards; (4) be administered at least once during grades 3
through 5, 6 through 9, and 10 through 12; (5) involve multiple
measures of student performance; (6) provide for the
participation of all students, including students with
disabilities and limited English proficient students; (7)
include students who have attended schools in a local
educational agency for a full academic year but have not
attended a single school for a full academic year; (8) provide
individual student interpretive and descriptive reports which
include test scores or other information on the attainment of
performance standards; (9) enable results to be disaggregated
by gender, by racial and ethnic group, by English proficiency
status, by migrant status, by students with disabilities
compared with nondisabled students, and by economically
disadvantaged students compared with students who are not
economically disadvantaged.
Section 1111(b)(4) [Special Rules] clarifies the current
law provision permitting the inclusion of measures that do not
meet standards of validity and reliability, provided that the
State includes information regarding efforts to validate such
measures. A new provision is added, permitting States to
measure the academic proficiency of students in grades
kindergarten through 2.
Section 1111(b)(5) [Language Assessments] maintains the
current law provision that States identify the languages other
than English for which yearly student assessments are needed,
but not available. The Secretary is to assist with the
identification of appropriate assessment measures but shall not
mandate a specific assessment or mode of instruction. A
reference in current law to the Office of Bilingual Education
and Minority Language Affairs is deleted.
Section 1111(b)(6) [Requirement] maintains the current law
provision that the State plan describe how it will assist local
educational agencies and schools to comply with requirements
related to school improvement and corrective action, schoolwide
projects, and targetted assistance schools, as applicable, and
describe other factors deemed appropriate to providing students
an opportunity to achieve.
Section 1111(b)(7) [ED-FLEX] provides that a State will not
be eligible for designation as an Ed-Flex State until it
develops assessments aligned with the State's content standards
in mathematics and reading or language arts.
Section 1111(c) [Other Provisions to Support Teaching and
Learning] includes new State plan assurances that States will:
(1) produce annual State report cards, beginning with the 2002-
2003 school year; (2) participate in annual State assessments
of 4th and 8th grade reading and mathematics under the National
Assessment of Educational Progress (NAEP), provided that the
Secretary pays the cost of administering such assessments; (3)
provide technical assistance to local educational agencies and
schools to carry out parental involvement responsibilities; (4)
inform the Secretary and the public of how Federal laws, if at
all, hinder their ability to hold local educational agencies
and schools accountable for student academic performance; (5)
encourage schools to consolidate funds from other Federal,
State, and local sources for schoolwide reform; (6) modify or
eliminate fiscal and accounting barriers so that schools can
easily consolidate funds from other Federal, State, and local
sources for schoolwide programs; (7) inform local educational
agencies of their authority to obtain waivers under this act;
and (8) coordinate activities funded under part A with other
Federal activities. Section 1111(c) also maintainscurrent law
provisions requiring assurances in the State plan that the
State will: (1) provide technical assistance to local
educational agencies and schools; (2) consider providing
professional development and technical assistance through
educational service agencies or through other cooperative
agreements; (3) notify local educational agencies and the
public of standards and assessments and of the authority to
operate schoolwide programs; (4) fulfill its responsibilities
regarding local educational agency improvement and school
improvement; (5) provide the least restrictive and burdensome
regulations for local educational agencies and schools; and (6)
involve the committee of practitioners in developing the plan
and monitoring its implementation.
Section 1111(d) [Parental Involvement] includes new
provisions requiring States to collect effective parental
involvement practices and disseminate this information to local
educational agencies and schools.
Section 1111(e) [Peer Review and Secretarial Approval]
maintains current law provisions regarding the establishment of
a peer review process to assist the Secretary in reviewing
State plans and procedures to be followed in the event the
State plan does not meet the requirements of this section.
Language is added to specify that members of the peer review
panel must be familiar with educational standards, assessments,
accountability, and other diverse educational needs of
students. In addition, the Secretary must approve a State plan
within 120 days of its submission unless the plan fails to meet
the requirements of this section.
Section 1111(f) [Provision of Testing Results to Parents
and Teachers] includes a new provision requiring that local
educational agencies provide the results from required
assessments to parents and teachers as soon as is practicably
possible after the test is taken--in a manner and form that is
understandable and easily accessible to parents and teachers.
Section 1111(g) [Duration of the Plan] maintains current
law provisions providing that a State plan will remain in
effect for the duration of its participation under part A, with
periodic review and revisions.
Section 1111(h) [Limitation on Conditions] maintains the
current law provision that nothing in part A is to be construed
to authorize Federal control over specific instructional
content, student performance standards and assessments,
curriculum, or program of instruction as a condition of
receiving part A funds.
Section 1111(i) [Penalty] includes a new provision
requiring the Secretary to withhold State administrative funds
in cases where a State fails to meet statutory deadlines for
having in place challenging content and student performance
standards and a system for measuring and monitory adequate
yearly progress.
Section 1111(j) [Reports] includes new requirements for the
issuance of annual report cards by States and local educational
agencies, beginning in the 2002-2003 school year. All report
cards must be broadly disseminated through public means.
Section 1111(j)(1) [State Report Cards] provides that the
State report card be concise and presented in an understandable
form. The report card must include: (1) information on student
achievement at each proficiency level on the State assessments,
disaggregated by race, ethnicity, gender, disability status,
migrant status, English proficiency, and socioeconomic status;
(2) the percentage of students not tested, also disaggregated;
(3) the number and names of each school identified for school
improvement; (4) information on the adequate yearly progress of
local educational agencies; and (5) such other information the
State chooses to include regarding the progress of public
schools in the State.
Section 1111(j)(2) [Local Educational Agency Report Cards]
provides that the local educational agency report card include
information about the LEA and each school served by it. The
information about the local educational agency to be included
is the number and percentage of schools identified for school
improvement and the performance by students on statewide
assessments compared to students in the State as a whole.
Information about schools to be included is whether the school
has been identified for school improvement and how students
performed on the statewide assessment compared to students in
the local educational agency and the State as a whole.
Section 1111(j)(3) [Pre-existing Report Cards] provides
that a State or local educational agency that already provide
public report cards may continue to use those reports to comply
with the reporting requirements of this section, provided that
the report includes the information required by the section.
Section 1111(j)(4) [Annual State Report to the Secretary]
requires States to report annually to the Secretary, beginning
in school year 2001-2002, their progress in developing and
implement required assessments. Beginning in school year 2004-
2005, the annual report must include student assessment
information, including disaggregated results. The report must
also include the number and names of schools identified for
school improvement, the reasons for the identification, and the
measures taken to address performance problems.
Section 1111(j)(5) [Parents Right-to-Know] requires local
educational agencies that receive part A funds provide parents
with information regarding the professional qualifications of
their student's teachers. Parents are also to be provided
information regarding the level of performance of their
children in each State assessment in an understandable and
uniform format.
Section 1111(k) [Privacy] provides that the privacy of
individuals is to be protected with respect to the information
collected under this section.
Section 1111(l) [Technical Assistance] requires the
Secretary to provide States with technical assistance, upon
request, regarding the requirements of this section.
Section 112--Local Educational Agency Plans. Section 112
amends section 1112 of the act.
Section 112(1) amends section 1112(a) of the act to specify
that the local educational agency plan shall be coordinated
with plans submitted under the Individuals with Disabilities
Education Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, the Head Start Act, and other acts as
appropriate.
Section 112(2) amends section 1112(b) of the act to specify
that the local educational agency shall determine the literacy
levels of first graders and their needs for interventions and
shall coordinate professional development planning provisions
with similar provisions described under title II of this act.
This section also includes a provision requiring the local
educational agency to describe, where appropriate, how funds
under part A will be used to support early childhood education
programs and to describe how the agency will implement
effective parental invovlement.
Section 112(3) amends section 1112(c) of the act to require
each local educational agency to plan to carry out several new
activities including: working with schools in the development
and implementation of parental involvement and professional
development activities; complying with professional development
requirements as described under this part; informing eligible
schools about waiver authority; ensuring the use of effective
strategies to avoid low-income and minority students' being
taught at higher rates than other students by unqualified or
inexperienced teachers; using the results of assessments and
other indicators to review annually the progress of each school
served by the agency; and assuring that parents and teachers
are provided with assessment results as soon as possible after
the test is given. In addition, the section maintains current
law provisions regarding local educational agency activities,
including: providing information to schools and parents
regarding schoolwide authority; providing technical assistance
to schoolwide programs; working with schools in the development
and implementation of school plans; fulfilling school
improvement responsibilities; coordinating, to the extent
possible, with other agencies providing services to children,
youth, and families; providing services to eligible children
attending private elementary and secondary schools in
accordance with the act; and examining model programs for the
educationally disadvantaged.
Section 112(4) amends section 1112(e) of the act to add a
requirement that the State review a local educational agency
plan to determine if such agency's parental involvement
activities are in accordance with section 1118.
Section 113--Eligible School Attendance Areas. Section 113
amends Section 1113(b) of the act to add a provision allowing a
local educational agency to designate and serve, for 1
additional year, a school attendance area or school that is not
an eligible school attendance area, but that was an eligible
school attendance area and was served in the fiscal year
preceding the fiscal year for which the determination is made.
Section 114--Schoolwide Programs. Section 114 amends
Section 1114 of the act to allow a local educational agency to
use part A funds with other Federal, State, and local funds to
upgrade the entire educational program in a school that serves
an eligible school attendance area where not less than 40
percent of the children are from low-income families. A new
provision is added to indicate that schools with schoolwide
programs are not required to maintain separate fiscal
accounting records by program, so long as the school
demonstrates that the program as a whole addresses the intent
and purposes of the programs that were consolidated. This
section also includes technical amendments to section 1114 of
the act.
Section 115--Targeted Assistance Schools. Section 115
includes several technical amendments to section 1115 of the
act. It addition, the section provides a more specific listing
of the individuals eligible for professional development and of
parental involvement activities.
Section 116--Pupil Safety and Family School Choice. Section
116 amends subpart 1 of part A of title I by inserting a new
section after section 1115A of the act. The new section is
entitled ``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE''.
New Section 1115B(a) describes student eligibility as it
pertains to the pupil safety and family school choice
initiative. Eligibility criteria includes a student who is
served by the title 1 program and becomes a victim of a violent
criminal offense while on public school grounds. If a student
meets the eligibility criteria, then the local educational
agency shall allow the eligible student to transfer to another
public school or public charter school in the same State as the
school where the criminal offense occurred. The transfer must
occur in accordance with State and local law.
New Section 1115B(b) describes State educational agency
determinations. These include deciding the actions that
constitute a violent criminal offense and determining which
schools in the State are unsafe public schools. A definition of
``unsafe public schools'' is provided.
New Section 1115B(c) allows a local educational agency that
serves the public school in which the violent criminal offense
occurred to use funds from part A of title I to provide
transportation services or to pay the reasonable costs of
transportation for the student to attend another school.
New Section 1115B(d) specifies that any school receiving
assistance under this section shall comply with title VI of the
Civil Rights Act of 1964 and not discriminate on the basis of
race, color, or national origin.
New Section 1115B(e) specifies that nothing under this
section will affect the requirements of part B of the
Individuals with Disabilities Education Act.
New Section 1115B(f) stipulates that the amount of
assistance provided under part A for a student who transfers
shall not exceed the per pupil expenditures for students as
provided by the local educational agency that serves the school
involved in the transfer.
Section 117--Assessment and Local Educational Agency and
School Improvement. Section 117 rewrites section 1116 of the
act. Provisions of the new Section 1116 include:
Section 1116(a) [Local Review] maintains current law
requirements that local educational agencies: use State
assessments, use any additional indicators to review the annual
progress of each school served under part A, and provide the
result of the local review to schools. A new provision is
added, requiring the local educational agency to annually
review the effectiveness of schools in carrying out parental
involvement and professional development activities.
Section 1116(b) [Designation of Distinguished Schools]
restates the current law provision providing for State and
local designation of distinguished schools.
Section 1116(c) [School Improvement]. Section 1116(c)(1)
requires a local educational agency to identify a school for
school improvement if the school fails to make adequate yearly
progress in any year or was in school improvement status
immediately prior to the enactment of the Better Education for
Students and Teachers Act. An exception is provided in cases
where nearly every student in the school is meeting the State's
proficient level of performance.
Section 1116(c)(2) [Opportunity to Review and Present
Evidence; Time Limit] provides that a school shall have the
opportunity to review school-level data prior to being
identified for school improvement, corrective action, or
reconstitution. If the principal of the school believes the
data is in error, he or she may provide supporting evidence.
The local educational agency must make a final determination
within 30 days after making an initial determination of the
status of a school.
Section 1116(c)(3) [School Plan] provides that a school
identified for school improvement must develop a school plan
within 3 months. The plan is to cover a 2-year period and is to
include strategies, policies, and practices designed to improve
student academic performance. The school must reserve at least
10 percent of its part A funds to provide high-quality
professional development to the school's teachers and
principal. The local educational agency may condition approval
of the school plan on inclusion of 1 or more corrective actions
(which include alternative governance arrangements, replacement
of school staff, and institution of a new curriculum). A school
must implement the plan no later than the beginning of the
school year following the identification of the school as being
in need of improvement. Within 45 days of receiving a school
plan, the local educational agency must establish a peer-review
process and review the plan.
Section 1116(c)(4) [Technical Assistance] requires the
local educational agency to provide technical assistance to
each school identified for school improvement. The technical
assistance must be based on scientifically based research and
must include assistance in analyzing assessment data, in
identifying and implementing instructional strategies, and in
analyzing the budget of the school. Technical assistance may be
provided through other entities.
Section 1116(c)(5) [Notification to Parents] provides a new
requirement that the local educational agency promptly notify
the parents of a school identified for school improvement to
explain what school improvement means, what is being done to
address the performance problems of the school, and what
parents can do to help deal with these problems.
Section 1116(c)(6) [Corrective Action].
Section 1116(c)(6)(A) defines ``corrective action'' as
being a direct and substantial response to the consistent
academic failure of a school and the underlying causes of the
failure in order to increase the likelihood that students will
perform at proficient and advanced levels.
Section 1116(c)(6)(B) requires each local educational
agency to implement a system of corrective action.
Section 1116(c)(6)(C) specifies that, after providing
technical assistance, the local educational agency may take
corrective action for any school that fails to made adequate
yearly progress for 1 year after the school has been identified
for school improvement. The local educational agency must take
corrective action for any school that fails to make adequate
yearly progress within 2 years of being identified for school
improvement. The local educational agency must also take
corrective action for any school that was in program-
improvement status for 2 years or in corrective action
immediately prior to the enactment of BEST. The local
educational agency must continue providing technical assistance
to schools in corrective action and must promptly notify
parents of the option to transfer their child to another public
school.
Section 1116(c)(6)(D) provides that all students enrolled
in a school which the local educational agency is required to
place in corrective action be given the option to transfer to
another public school within the local educational agency which
has not been identified for school improvement. Exceptions to
this requirement include instances in which such an option is
prohibited by State or local law or where the local educational
agency does not have the capacity to provide the transfer
option to all students who request it. In cases where lack of
capacity is the issue, the agency must permit as many students
as possible, selected on an equitable base, to transfer. In
addition, the local agency must take at least 1 of the
following corrective actions: (1) make alternative governance
arrangements; (2) replace the relevant school staff; and (3)
institute and fully implement a new curriculum.
Section 1116(c)(6)(E) provides that a local educational
agency may delay implementation of corrective action for no
more than 1 year in cases where failure to make adequate yearly
progress was due to exceptional or uncontrollable
circumstances.
Section 1116(c)(6)(F) requires the local educational agency
to publish information regarding any corrective action it takes
to the public and parents, in a format and language that
parents can understand.
Section 1116(c)(7) [Reconstitution].
Section 1116(c)(7)(A) provides that, if a school subject to
corrective action continues to fail to make adequate yearly
progress after 1 year and if economically disadvantaged
students are not making statistically significant progress, the
local educational agency must provide all students with the
option to transfer to another public school in the local
educational agency which has not been identified for school
improvement. In this case, each student is to be given the same
right to attend any public school as is provided to any child
who is a new resident of that school's attendance area. The
local educational agency must also prepare a plan and make
arrangements for alternative governance for the school.
Section 1116(c)(7)(B) provides that, no later than 1 year
after the transfer option described in subparagraph (A) is
implemented, the local educational agency must: (1) reopen the
school as a public charter school; (2) replace all or most of
the school staff; or (3) make alternative governance
arrangements.
Section 1116(c)(7)(C) provides that the local educational
agency must promptly notify teachers and parents whenever the
transfer option or the alternative governance arrangements
apply.
Section 1116(c)(8) [Transportation] provides that the local
educational agency must provide or pay for the transportation
of students who choose the transfer option provided under the
corrective action or reconstitution provisions of this section,
provided that transportion payments do not exceed 15 percent of
the agency's title I allocation.
Section 1116(c)(9) [Duration of Reconstitution] provides
that a school identified for reconstitution will not be subject
to corrective action or identified for school improvement if
the school makes adequate yearly progress for 2 consecutive
years and if economically disadvantaged students at the school
make statistically significant educational progress over that
same period.
Section 1116(c)(10) [State Educational Agency
Responsibilities] requires the State educational agency to make
technical assistance available to all schools identified for
school improvement and corrective action and to take corrective
actions if a local educational agency fails to do so.
Section 1116(d) [State Review and Local Educational Agency
Improvement].
Section 1116(d)(1) specifies that a State educational
agency shall prepare an annual performance report for each
local educational agency receiving funds under part A. The
performance report shall contain information regarding local
educational agency performance in making adequate yearly
progress, the progress of the local educational agency in
enabling students to meet the State levels of performance, and
the effectiveness of professional development and parental
involvement activities carried out by the local educational
agency.
Section 1116(d)(2) [Rewards] provides that the State may
make institutional and individual rewards to local educational
agencies that have met or exceed the State's definition of
adequate progress for 3 consecutive years.
Section 1116(d)(3) [Identification] provides that the State
must identify for improvement any local educational agency that
is not making adequate yearly progress for 2 consecutive years
in schools served under part A. The local educational agency
must be given the opportunity to review the data on which the
identification is based and may provide evidence to the State
that the identification for improvement is in error.
Section 1116(d)(4) [Local Educational Agency Revisions]
provides that, if a local educational agency is identified as
an entity needing improvement, the local educational agency
shall submit a plan that: (1) includes specific yearly progress
requirements; (2) addresses the teaching and learning needs in
the schools within the local educational agency; (3)
incorporates research-based strategies; (4) addresses
professional development needs of the instructional staff,
including the commitment of 10 percent of title I funds during
1 fiscal year for professional development; (4) identifies
specific goals and objectives the local educational agency will
undertake for making adequate yearly progress; (5) identifies
how the local educational agency will provide written
notification to parents; (6) specifies the responsibilities of
the State educational agency and the local educational agency;
and (7) includes strategies for effective parental involvement.
Section 1116(d)(5) [State Educational Agency
Responsibility] specifies that the State will provide technical
assistance to local educational agencies needing improvement.
Such assistance must be supported by scientifically based
research instructional strategies and must address any problems
the local educational agency may be having in implementing
parental involvement and professional development activities.
Section 1116(d)(6) [Corrective Action].
Section 1116(d)(6)(A) provides that the State must
implement a corrective action system.
Section 1116(d)(6)(B) provides that, after providing
technical assistance, each State educational agency may take
corrective action at any time for any local educational agency
that has been identified for improvement and shall continue to
provide technicalassistance while implementing any corrective
action. Consistent with State and local law, the State
educational agency shall take at least 1 of the following
corrective actions: (1) instituting and implementing a new
curriculum; (2) restructuring the local educational agency; (3)
developing and implementing a joint plan between the State
educational agency and the local educational agency that
addresses student performance problems; (4) reconstituting
school district personnel; or (5) making alternative governance
arrangements. This section also lists several permissible
corrective actions that a State educational agency may
implement, including: (1) deferring, reducing, or withholding
funds; (2) restructuring or abolishing the local educational
agency; (3) removing particular schools from the jurisdiction
of the local educational agency, or (4) appointing a receiver
or trustee to administer the local educational agency.
Section 1116(d)(6)(C) [Hearing] provides that, prior to
implementing any corrective action, the State educational
agency shall provide a hearing to the affected local
educational agency, if State law provides for a hearing
process.
Section 1116(d)(6)(D) [Notification to Parents] provides
that the State must notify parents and the public of any
corrective action it takes.
Section 1116(d)(6)(E) [Delay] provides that a State
educational agency may delay, for a period not to exceed 1
year, implementation of corrective action if the State
educational agency determines that the local educational agency
is meeting the State yearly progress requirements and the
schools within the local educational agency will meet the
State's criteria for improvement within 1 year.
Section 1116(d)(6)(F) [Waivers] provides that the State
educational agency shall review any waivers granted to a local
educational agency that has been designated for improvement or
corrective action and shall terminate any waiver that is not
helping the local educational agency meet the yearly progress
requirements.
Section 1116(d)(7) [Special Rule] provides that local
educational agencies which make adequate progress for at least
2 of the 3 years following identification no longer need to be
identified for improvement.
Section 1116(e) [Construction] provides that nothing in
this section shall be construed to alter or otherwise affect
the rights of school or school district employees under
Federal, State, or local laws or under agreements between such
employees and their employers.
Section 118--Assistance for School Support and Improvement.
Section 118(1) amends section 1117(a) of the act to list the
priorities for a State educational agency for providing support
to local educational agencies. First, the State educational
agency must provide support and assistance to local educational
agencies that have received corrective action. Second, the
State educational agency must provide support and assistance to
other local educational agencies and schools identified as in
need of improvement. Third, the State educational agency must
provide support and assistance to other local educational
agencies and schools participating under part A of title I that
need support and assistance to carry out the purpose of part A.
Section 118(2) amends section 1117(b) of the act to correct
the reference to comprehensive regional technical assistance
centers.
Section 118(3) rewrites section 1117(c)(1) of the act to
specify that priority be given to the establishment of school
support teams for assignment to and working in schools subject
to corrective action and for the support of such teams. Each
school support team is to be comprised of individuals
knowledgeable about successful schoolwide projects, school
reform, and improving educational opportunities for low-
achieving students. The support team assigned to a school is
to: review all facets of the school's operation; collaborate in
the design, implementation, and monitoring of the school plan;
evaluate the effectiveness of school personnel; and make
additional recommendations, as the school implements its plan,
regarding additional assistance and resources that are needed.
After 1 school year, the support team may recommend that it
continue to provide assistance to the school or that the local
educational agency or the State take other action with respect
to the school. This section also makes minor revisions in
current law provisions, enabling a State--if the State chooses
to do so--to recognize and provide financial rewards to
teachers or principals in a school where the students have
consistently made significant gains in academic achievement.
Section 119--Parental Involvement. Section 119 amends
section 1118 of the act.
Section 119(1) amends section 1118(a)(2)(B) of the act to
specify that the local educational agency will provide the
coordination, technical assistance, and other support necessary
to assist participating schools in planning and implementing
effective parent involvement activities to improve student
achievement and student and school performance.
Section 119(2) amends section 1118(b)(1) of the act to
ensure that schools served under this part of the act will
jointly develop, and distribute a written policy of parental
involvement, in a language parents can understand, to the
parents of participating children that shall describe the means
for carrying out the requirements of subsections (c) through
(f). The policy shall also be made available to the local
community and shall be updated periodically to meet the
changing needs of parents and the school.
Section 119(3) amends section 1118(e) of the act to ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve student
achievement, each school and local educational agency shall
provide assistance to parents of children served by the school
or local educational agency, as appropriate, in understanding
the State's content standards and State student performance
standards, the provisions of section 1111(b)(8), State and
local assessments, the requirements of this part, and how to
monitor a child's progress and work with educators to improve
the performance of their children as well asinformation on how
parents can participate in decisions relating to the education
of their children. This section also states that each school
and local educational agency shall provide materials and
training using technology, as appropriate, to foster parental
involvement. This section also eliminates paragraph 1118(e)(15)
and establishes a new paragraph 1118(e)(15) to allow each
school and local educational agency, should they choose to do
so, to establish a school district wide parent advisory council
to advise the school and local educational agency on all
matters related to parental involvement in programs supported
under this section. This section also provides a new provision
requiring that schools and local educational agencies provide
reasonable support for parental involvement activities under
this section that parents may request, including emerging
technologies.
Section 119(4) amends section 1118(f) of the act to make
technical amendments regarding the provision of services to the
parents of migratory children and parents with disabilities.
Section 119(5) amends section 1118(g) of the act to specify
that, in a State where a parental information and resource
center is established, such a center shall provide parents with
a description of the services and programs provided by the
center. This section also provides for the State education
agency to review the local educational agency's parental
involvement policies and practices to determine if the
requirements of this section are met.
Section 120--Professional Development. Section 120 amends
section 1119(b) of the act to establish that professional
development activities shall provide support to teachers,
principals, administrators, paraprofessionals, pupil services
personnel, and parents. Professional development activities
shall advance teacher understanding of effective instructional
strategies, based on research for improving student
achievement, at a minimum in reading or language arts and
mathematics. Professional development initiatives shall also be
of sufficient intensity and duration to have a positive and
lasting impact. This section also refers to providing training
for teachers in the use of technology, evaluating the impact of
professional development initiatives and includes strategies
for identifying and eliminating racial and gender bias in
instructional materials and practices.
Section 120A--Participation Of Children Enrolled In Private
Schools. Section 120A(1) amends section 1120(a) of the act in
general terms and makes technical amendments to current law.
Section 120A(2) amends section 1120(b) of the act to specify
that local educational agencies shall consult private school
officials during the design of the agency's programs in regard
to how the services will be assessed and how the results of
that assessment will be used to improve the agency's programs.
The act is also amended to specify that the local educational
agency shall make decisions about the delivery of services to
eligible private school children, including an analysis of the
views of private school officials regarding the delivery of
services through potential third party providers. If the local
educational agency disagrees with the views of the private
school officials on the delivery of services, the local
educational agency will provide a written document, to private
school officials, with the reasons why the local educational
agency has chosen not to provide the services. Each local
educational agency will provide to the State educational agency
a written affirmation that the consultation has occurred. If a
private school declines to have eligible children in the
private school participate in title I, part A services, the
local educational agency is not required to further consult
with the private school officials. Each year, the local
educational agency shall inform the private school of the
opportunity for eligible children to participate in title I,
part A services. A private school official shall have the right
to appeal the local educational agency decision to the State
educational agency as to whether: the consultation was
meaningful; timely; and the views were given due consideration.
Section 120A(3) amends section 1120 of the act to
redesignate subsections (c), (d), and (e) as subsections (d),
(e) and (f), respectively.
Section 120A(4) amends section 1120 of the act to add a
provision to describe the allocation for equitable services to
private school students.
Section 120A(b) establishes an effective date of September
30, 2003, for the amendment made by subsection (a)(4) dealing
with the allocation for equitable services to private school
students.
Section 120A(c) amends section 1120A(a) of the act with a
technical amendment.
Section 120B--Early Childhood Education. Section 120B(1)
amends the heading of Section 1120B.
Section 120B(2) amends section 1120B to make technical
changes to the act.
Section 120B(3) amends section 1120B to add 2 new
subsections, (d) and (e), to permit a local educational agency,
if the local educational agency chooses to do so, to use part A
of title I funds to provide preschool services. New subsection
1120B(e) establishes that early childhood education programs
that use part A of title I funds may do so jointly with Even
Start programs under part B of title I, Head Start programs or
State-funded preschool programs. Early childhood education
programs shall: focus on the developmental needs of children;
teach children to understand and use language; enable children
to develop an appreciation of books; and, for children with
limited English proficiency, enable the children to make
progress toward acquisition of the English language.
Section 120C--Allocations. Section 120C amends subpart 2 of
part A of title I to read as follows:
Subpart 2--Allocations
Section 1121--Grants for the Outlying Areas and the
Secretary of the Interior. Section1121(a) specifies the
reservation of funds.
Section 1121(b) authorizes grants to the outlying areas in
accordance with the Compacts of Free Association.
Section 1121(c) specifies the allotment that is reserved
for the Secretary of the Interior to meet the educational needs
of Indian children.
Section 1122--Amounts for Basic Grants, Concentration
Grants, and Targeted Grants. Section 1122(a) establishes the
level of the appropriation of funds for the Basic,
Concentration and Targeted Grant programs under part A of title
I for fiscal years 2002 through 2008. The section specifies
that funds for part A of title I shall be allocated in such a
way that the Basic and Concentration Grant programs shall
receive an amount equal to the amount received in fiscal year
2001 before funding is allocated to the Targeted Grant Program.
Funding that is appropriated in excess of the fiscal year 2001
level shall be allocated to the Targeted Grant Program. In the
event that funding for part A of title I is reduced in any
fiscal year, funds shall first be reduced from the Targeted
Grant Program. If additional reductions are necessitated,
funding shall then be taken from the Concentration Grant
program.
Section 1122(b) describes the adjustments to the
allocations where necessitated by the appropriations process.
The ratable reduction rule is utilized to determine the
relative size of each State's allocation when full funding is
not available.
Section 1122(c) establishes the hold harmless provisions
that determine the amount of title I funding that a local
education agency may receive as a result of changes in absolute
and relative population and poverty. If the proportion of
children counted is above 30 percent of the children served by
the local education agency, it will receive not less than 95
percent of the amount it received in the previous year. If the
proportion of children counted is between 15 percent and 30
percent of the children served by the local education agency,
it will receive not less than 90 percent of the amount it
received in the previous year. If the proportion of children
counted falls below 15 percent of the children served by the
local education agency, it will receive not less than 85
percent of the amount it received in the previous year. The
section is amended to eliminate the ``cliff'' phenomenon
whereby a local education agency that loses eligibility during
one year as a result of a change in population or poverty loses
all of its funds. A local education agency that received
funding in the prior year is eligible to continue to receive
funding in accordance with the hold harmless provisions. A
local education agency that loses eligibility for 5 consecutive
years may not continue receive funding.
Section 1122(d) describes ratable reductions.
Section 1123--Definitions. Section 1123 defines ``Freely
associated States'', ``outlying areas'', and ``State'' for the
purposes of distributing the allocations.
Section 1124--Basic Grants to Local Educational Agencies.
Section 1124(a) specifies the amounts of the local educational
agencies basic grants. This section also describes and
simplifies the formula by which grants are calculated. Section
1124(a) outlines the allocations to large and small local
educational agencies. In addition, this section establishes the
formula for Puerto Rico.
Section 1124(a)(3) provides authority to calculate grants
on the basis of county data in the event that the Department of
Census fails to provide local education agency specific data.
Section 1124(b) specifies the minimum number of children a
local educational agency must have to qualify for a basic
grant.
Section 1124(c) describes the categories that are used for
counting the number of children for basic grants.
Section 1124(d) establishes the State minimum for basic
grants.
Section 1124A--Concentration Grants to Local Educational
Agencies.
Section 1124A(a) specifies the eligibility requirements and
amount of grants.
Section 1124A(2) is amended to simplify the reference to
the basic grant expenditure factor.
Section 1124A(4) is amended to eliminate reference to the
county suballocation formula in effect for fiscal years 1996-
98. Authority for the States to allocate funding on the basis
of county data is retained for any year in which the Secretary
relies upon county data in lieu of local education agency data.
The section retains authority for a State to reserve 2 percent
of its allocations (when county data is utilized) to make
grants to eligible local educational agencies that reside in
ineligible counties.
Section 1124A(b) establishes the ratable reduction rule
utilized for making allocations when full funding is not
available.
Section 1124A(c) is amended to allow a state that receives
0.25 percent or less of the available funds, but does not
receive a grant in accordance with the formula used to
determine the small grant minimum, to allocate these funds to
local education agencies in accordance with the same rules
applied to allocation by states that receive a grant in
accordance with the small grant minimum.
Section 1125--Targeted Grants to Local Educational
Agencies. Section 1125(a) specifies the eligibility
requirements for local educational agencies.
Section 1125(b) establishes the amount of grants for local
educational agencies, the District of Columbia, and Puerto
Rico.
Section 1125(c) updates the weights for allocations to
counties and the weights for allocations to local educational
agencies to increase the targeting of the program.
Section 1125(d) describes how targeted grants are
calculated.
Section 1125(e) establishes a .5 percent state minimum
grant.
Section 1125A--Education Finance Incentive Program. Section
1125A(a) authorizes the Secretary to make grants to States.
Section 1125A(b) specifies the distribution of funds for
this subsection which is based upon fiscal effort and equity.
Section 1125A(c) describes how funds awarded under this
subsection will be utilized.
Section 1125(d) establishes maintenance of effort.
Section 1125(e) authorizes $200 million for fiscal year
2002 and such sums for each of the 6 succeeding years.
Section 1126--Special Allocation Procedures. Section
1126(a) specifies the allocations for neglected children.
Section 1126(b) describes allocations for local educational
agencies that have special circumstances.
Section 1126(c) specifies the reallocation process.
Section 1127--Carryover and Waiver. Section 1127(a)
specifies the limitation on carryover funds.
Section 1127(b) establishes waiver authority for a State
educational agency.
Section 1127(c) specifies that the limitation on carryover
funds does not apply to any local educational agency that
receives less than $50,000 under subpart 2.
Part B--Literacy for Children and Families
Section 121--Reading First. Section 121 amends part--of
title I by renaming the part as ``Part B--Literacy for Children
and Families'' and by creating a subpart 1 entitled ``Subpart
1--William F. Goodling Even Start Family Literacy Programs''.
Section 121 also makes conforming amendments to subpart 1
and adds a new subpart 2 (``Subpart 2--Reading First'') as
follows:
Subpart 2--Reading First
New Section 1221. Purposes. This section contains 5
purposes for this new program. The purposes relate to helping
all children learn to read well by the end of third grade.
New Section 1222. Formula Grants to States; Competitive
Subgrants to Local Agencies. The Secretary will make grants to
State educational agencies that have applications approved
under this subpart. Of the total amount appropriated for this
subpart, 75 percent shall be distributed to the States with
approved applications using the formula in section 1124 of
title I, part A. The State educational agency must distribute
at least 80 percent of these funds to local educational
agencies through a competitive process.
To be eligible to receive funds under this subpart, a local
educational agency must have a high percentage of students
reading below grade level and demonstrate 1 other indicator of
need. Local educational agencies must use similar criteria to
target funds to schools within their jurisdictions.
A local educational agency that receives funds under this
subpart shall use funds for the uses defined in this section.
Among these uses of funds are: utilizing diagnostic
assessments; purchasing or developing materials; assisting
parents to help support their children's reading development;
and professional development. All materials, instructional
approaches, and professional development must be derived from
scientifically based reading research, a term that is defined
in section 1228. A local educational agency can use up to 5
percent of its funds for planning and administration.
The State educational agency may expend up to 20 percent of
its formula grant funds on professional development, technical
assistance, planning, and administration. No more than 15
percent of State funds may be used to develop and implement a
professional development program for teachers of grades
kindergarten through 3. No more than 5 percent of the funds may
be used for technical assistance, and no more than 5 percent
may be used for planning and administration.
New Section 1223. Competitive Grants to States; Competitive
Subgrants to Local Agencies. From the funds not used under
section 1222 (the remaining 25 percent), the Secretary may
award to a State educational agency a competitive grant based
on an application submitted in accordance with section 1224.
The Secretary shall award competitive grants on the basis of a
State's performance as described in this section. Any State
educational agency receiving a competitive grant must expend
100 percent of these funds on competitive subgrants to local
educational agencies.
The section describes how a local educational agency must
apply to the State educational agency for funds available under
this section. The criteria for receiving such funds are
primarily tied to performance in increasing the reading skills
of children in grades kindergarten to 3. The local uses of
funds under the formula grant section and the competitive grant
section are the same.
New Section 1224. State Applications. This section
describes the required contents of an application for funds
authorized under this subpart. The State educational agency
must submit its application to the Secretary. The Secretary
must convene a review panel to evaluate the applications and
make recommendations to the Secretary with regards to whether
they meet the requirements of the subpart. The application
requirements and the peer review process are similar to the
provisions of the Reading Excellence Act, which this new
subpart replaces.
In order for the State to receive a grant under the
subpart, the Governor of the State, in consultation with the
State educational agency, shall establish a reading and
literacy partnership. This section details the required
membership of the partnership and its duties.
New Section 1225. Reservations from Appropriations. The
Secretary may reserve up to 1 percent of the funds appropriated
for this subpart to carry out section 1226 (national
activities) and shall reserve $5 million to carry out section
1227 (dissemination of information).
New Section 1226. National Activities. With funds reserved
for this section, the Secretary shall carry out an evaluation
of programs under this subpart and may provide technical
assistance to States, local educational agencies, and schools
requesting such assistance.
New Section 1227. Information Dissemination. From the funds
reserved for this section, the National Institute for Literacy,
in collaboration with the Departments of Education and Health
and Human Services, including the National Institute for Child
Health and Human Development, shall disseminate information
about scientifically based reading research and about effective
programs carried out under this subpart, and shall support the
continued identification of high quality reading research.
New Section 1228. Definitions. This section contains the
definitions of a number of terms that are used in this subpart,
including ``eligible professional development provider,''
``instructional staff,'' ``major components of reading
instruction,'' ``reading,'' ``rigorous diagnostic reading
assessment,'' and ``scientifically based reading research''.
Several of these definitions are identical to the definitions
contained in the Reading Excellence Act.
Section 122. Early Reading Initiative. Section 122 adds a
new subpart 3 (``Subpart 3--Early Reading First'' to part B of
title I, as follows:
Subpart 3--Early Reading First
New Section 1241. Purposes. This section contains 4
purposes for this subpart. They primarily relate to providing
preschool age children the knowledge and skills necessary to
take advantage of reading instruction once they enter
kindergarten.
New Section 1242. Local Early Reading First Grants. From
the funds appropriated for this subpart, the Secretary will
make 4-year grants to eligible applicants. Such grants will be
awarded on the basis of a competitive process established by
the Secretary.
The section defines an eligible applicant to be a local
educational agency that is eligible under the provisions of
subpart 2, 1 or more public or private organizations that serve
preschool age (ages 3-5) children, or a combination of such
agencies and organizations. The section contains a list of
topics that must be addressed in an application by an eligible
entity to the Secretary. The Secretary shall award grants on
the basis of the quality of the applications utilizing a peer
review process.
New Section 1243. Federal Administration. The Secretary of
Education shall consult with the Secretary of Health and Human
Services in carrying out this subpart.
New Section 1244. Information Dissemination. The National
Institute for Literacy shall disseminate information regarding
effective projects under this subpart.
New Section 1245. Reporting Requirements. Each applicant
receiving a grant shall report annually to the Secretary on
their progress in addressing the purposes of this subpart.
New Section 1246. Evaluations. The Secretary shall reserve
not more than $5 million from the funding available for this
subpart from fiscal years 2002-08 to conduct an independent
evaluation of the effectiveness of this subpart.
New Section 1247. Additional research. This section
requires the Secretary to reserve $3 million from the
appropriations available for this subpart for each of the
fiscal years 2002-06 to conduct additional research on language
and literacy development in preschool age children.
Part C--Education of migratory children
Section 131--Program Purpose. Section 131 amends section
1301 of the act to make technical amendments to add 2 new
purposes. The new purposes ensure that: migratory children who
move among the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State student performance and content
standards and that migratory children receive full and
appropriate opportunities to meet the same challenging State
standards that all children are expected to meet.
Section 132--State Application. Section 132 amends section
1304 of the act to require new information for the State
application. This information includes a description of
jointplanning efforts with respect to local, State, and Federal
programs and bilingual programs under part A of title III. In
addition, States will also be required to consult with parent
advisory councils for the purposes of planning and operating
programs.
Section 133--Comprehensive Plan. Section 133 makes
technical amendments to section 1306 of the act.
Section 134--Coordination. Section 134(1) amends section
1308(b) of the act to establish an information system for
electronically exchanging, among the States, health and
educational information regarding all students served under
this program.
Section 134(2) amends section 1308(c) to authorize $10
million to carry out this section.
Section 134(3) amends section 1308(d)(1) to authorize $3
million to carry out incentive grants as described under
current law.
Section 134(4) amends section 1308(e) to require the
Secretary to direct the National Center for Education
Statistics to collect data on migratory children.
Part D--Initiatives for Neglected, Delinquent, or At Risk Youth
Section 141 of the bill amends part D, ``Initiatives for
Neglected, Delinquent, or At Risk Students,'' to read as
follows:
Subpart 1--Prevention and intervention programs for
children and youth who are neglected, delinquent,
or at risk of dropping out
Section 1401--Purpose; Program Authorized. This section
repeals the congressional findings currently in the act and
states the purpose of subpart 1, which is to improve
educational services in local and State institutions for
neglected or delinquent children so that they have the
opportunity to meet the same challenging State content and
student performance standards that all children in the State
are expected to meet; to provide such children with the
services needed to make a successful transition from
institutionalization to further schooling or employment; and to
prevent at-risk youth from dropping out of school and to
provide dropouts and youth returning from institutions with a
support system to ensure their continued education.
Section 1401(b) requires the Secretary to provide grants to
State educational agencies so that they can award subgrants to
State agencies and local educational agencies to establish or
improve programs of education for neglected or delinquent
children at risk of dropping out of school before graduation.
Section 1402--Payments for Programs Under this Subpart.
This section authorizes the Secretary to allocate to each State
educational agency amounts necessary to make subgrants to State
agencies under chapter 1. Each State is required to retain
funds generated throughout the State under title I, part A
based on youth residing in local correctional facilities, or
attending community day programs for delinquent children.
Chapter 1--State agency programs
Section 1411--Eligibility. This section states that a State
agency may be eligible for assistance under chapter 1 if the
State agency is responsible for providing free public education
for children: in institutions for neglected or delinquent
children; attending community day programs for neglected or
delinquent children; or in adult correctional institutions.
Section 1412--Allocation of Funds. This section establishes
the criteria by which a State agency, including those in Puerto
Rico, may be eligible to receive a subgrant under chapter 1.
The Secretary is allowed to ratably reduce subgrants if the
amount appropriated is insufficient to pay the full amount for
which State agencies are eligible.
Section 1413--State Reallocation of Funds. This section
allows State educational agencies to reallocate unneeded funds
from one State agency to another in need of additional funds.
Section 1414--State Plan and State Agency Applications.
This section requires each State educational agency seeking a
grant under chapter 1 to submit for approval of the Secretary,
a plan for meeting the needs of neglected and delinquent
children at risk of dropping out of school. The Secretary is
required to approve each State plan meeting the criteria
detailed in this section. Each State agency seeking funds to
carry out a program must submit an application with specific
guidelines to the State educational agencies.
Section 1415--Use of Funds. This section states that funds
under chapter 1 shall only be used by State agencies for
programs and projects that are consistent with the State plan
under section 1414(a) and concentrate on providing participants
with the knowledge and skills needed to make a successful
transition to secondary school completion, further education,
or employment. The number of hours of instruction students
receive from State and local sources under chapter 1 programs
shall supplement and not supplant the requirements of section
1120A.
Section 1416--Institution-Wide Projects. This section
allows State agencies that provide education to neglected or
delinquent children to use funds received under part D to
upgrade the educational effort of the institutions or programs
these children are educated in, if the State agency has
developed and approved a plan for that institution or program.
This section establishes specific guidelines for the plan.
Section 1417--Three-Year Programs or Projects. This section
authorizes State educational agencies to approve State agencies
applications for subgrants if the State agency finds it likely
that a child will participate in a program for more than 1
year. An application maynot be approved for a period exceeding
3 years.
Section 1418--Transition Services. This section authorizes
State agencies to reserve 10 percent of the funds received
under chapter 1 to support projects that facilitate the
transition of children from State-operated institutions to
local educational agencies. Projects are to be conducted either
by the State agency or through a contract with 1 or more local
educational agencies, public agencies, or private non-profit
organizations. Reserved funds shall be used only to provide
transitional educational services, which may include pupil
services and mentoring, to neglected and delinquent children in
schools other than State-operated institutions.
Chapter 2--Local agency programs
Section 1421--Purpose. This section states the purpose of
chapter 2, which is to support the operation of local
educational agency programs that involve collaboration with
locally operated correctional facilities to: (1) carry out high
quality education programs to prepare youth for secondary
school completion, training and employment, or further
education; (2) provide activities to facilitate the transition
of such youth from the correctional program to further
education or employment; and (3) operate dropout prevention
programs in local schools for youth at risk of dropping out of
school and youth returning from correctional facilities.
Section 1422--Programs Operated by Local Educational
Agencies. This section authorizes State educational agencies to
award subgrants to local educational agencies with high numbers
or percentages of youth residing in locally operated youth
correctional facilities. In addition, a local educational
agency which includes a correctional facility that operates a
school is not required to operate a dropout prevention program
if more than 30 percent of the youth attending reside outside
of the local educational agency boundaries upon leaving the
facility. State educational agencies are required to notify
local educational agencies of subgrants.
Section 1423--Local Educational Agency Applications. This
section provides detailed criteria for applications to be
completed by those local educational agencies seeking
assistance from State educational agencies under chapter 2.
Section 1424--Uses of Funds. This section requires that
funds provided to local educational agencies under chapter 2 be
used for dropout prevention programs which serve youth at
educational risk; the coordination of health and social
services for such individuals if there is a likelihood that the
services will enable them to complete their education; and
programs to meet the unique education needs of youth at risk of
dropping out of school.
Section 1425--Program Requirements for Correctional
Facilities Receiving Funds Under this Section. This section
requires correctional facilities that have agreements with
local educational agencies to: ensure educational programs in
juvenile facilities are coordinated with the student's home
school; notify local schools if a youth is identified in need
of special education services; provide transition assistance to
help youth stay in school; provide support programs to
encourage youth who have dropped out to re-enter school; work
to ensure facilities are staffed with teachers and other
qualified staff who are trained to work with children with
disabilities; ensure educational programs in correctional
facilities are related to assisting students to meet high
educational standards; use technology to assist in coordinating
educational programs between the juvenile facility and the
community school; involve parents in efforts to improve the
educational achievement of their children; coordinate funds
received under this program with other local, State, and
Federal funds available to provide services to participating
youth; and work with local businesses to develop training and
mentoring programs for participating youth.
Section 1426--Accountability. This section authorizes a
State educational agency to reduce or terminate funding for
projects if a local educational agency does not reduce dropout
rates or require juvenile facilities to demonstrate that there
has been an increase in the number of youth returning to school
or pursuing post-secondary opportunities.
Chapter 3--General provisions
Section 1431--Program Evaluations. This section requires
State agencies and local educational agencies that conduct
programs under chapters 1 and 2 to evaluate the programs. The
results of the evaluations should be submitted to the State
educational agencies in order to improve subsequent programs.
Section 1432--Definitions. This section provides the
meanings of certain terms used in subpart 1, including ``adult
correctional institution,'' ``at-risk youth,'' ``community day
program,'' and ``institution for neglected or delinquent
children and youth.''
Section 151--21st Century Learnings Centers; Comprehensive
School Reform. This section amends of title I by redesignating
part F as part H; sections 1601 through 1604 as sections 1901
through 1904, respectively; and by inserting 2 new parts to
follow part E of title I, including: Part F (21st Century
Community Learning Centers) and Part G (Comprehensive School
Reform).
Part F--21st Century Community Learning Centers
Section 1601--Short Title. This section specifies that this
part may be cited as the ``21st Century Community Learning
Centers Act.''
Section 1602--Purpose. This section repeals the
congressional findings currently in the act and inserts the
purpose of part A, which is to provide local public schools,
primarily in rural or inner-city communities, to collaborate
with public and nonprofit agencies and organizations, local
businesses, and educational institutions to offer a broad
selection of services that address the needs of the community
and to offer extended learning opportunities for children,
youth, and adults in the community.
Section 1603--Program Authorization. This section
authorizes the Secretary to award grants to local educational
agencies and units of general purpose local government on
behalf of rural and inner-city public elementary or secondary
schools to plan, implement, or expand projects that benefit the
educational, health, social service, cultural, and recreational
needs of a rural or inner-city community. The Secretary is
required to ensure an equitable distribution of assistance
among the States, among urban and rural areas of the United
States, and among rural and urban areas of a State. The time
period for the distribution of grants may not exceed 3 years,
and the Secretary may not award grants in an amount less than
$50,000.
Section 1604--Eligibility of Certain Organizations and
Entities. This section authorizes the Secretary to award grants
to community-based organizations and public or private entities
that have experience in providing before- and after-school
services, on the same basis as local educational agencies. In
addition to giving priority to projects that offer a broad
selection of services which address the needs of the community,
the Secretary is to give priority to projects with academic
enrichment components which are submitted jointly by community-
based organizations/public or private entities and rural and
inner-city public elementary or secondary schools. The
Secretary may waive, for the applicants described in this
section, the requirement that a project be carried out through
or in a school if the Secretary determines that such a
requirement would undermine the effectiveness of the project or
limit its accessibility to children and families.
Section 1605--Application Required. This section requires a
local educational agency or unit of general purpose local
government seeking a grant to submit an application with
specific criteria. The Secretary shall give priority to
applications describing projects that offer a broad selection
of services which address the needs of the community.
Section 1606--Uses of Funds. This section specifies that
grant funds shall be used to plan, implement, or expand
community learning centers which include not less than 4 of the
following activities: literacy education programs; senior
citizen programs; children's day care services; integrated
education, health, social service, recreational or cultural
programs; summer and weekend school programs; expanded library
service hours; telecommunications and technology education
programs; services for individuals who leave school before
graduating from secondary school; services for individuals with
disabilities; and academic enrichment activities.
Section 1607--Definitions. This section provides the
meaning of the terms ``community learning center'' and ``unit
of general purpose local government'' for the purposes of this
part.
Part G--Comprehensive school reform
New Section 1701--Purpose. This section states the purpose
of this part which is to provide financial incentives for
schools to develop comprehensive school reforms based upon
effective practices and research-based programs that emphasize
basic academics and parental involvement so that all children
can meet State content and student performance standards.
New Section 1702--Program Authorization. This section
authorizes the Secretary to award grants to State educational
agencies, by formula to enable them to provide subgrants to
local educational agencies to carry out the purpose of this
part.
New Section 1703--State Applications. This section requires
State educational agencies seeking a grant to submit an
application to the Secretary, describing such items as: process
and selection criteria; how the State educational agency will
ensure that reforms are research-based programs; how the State
educational agency will evaluate the implementation of reforms
and link the reforms to student achievement; and how the State
educational agency will make available technical assistance to
the local educational agencies or consortia.
New Section 1704--State Use of Funds. This section requires
State educational agencies receiving grants to award
competitive subgrants to local educational agencies. The
subgrants must be of sufficient size and scope to support the
initial costs for the plan selected or designed, in an amount
of at least $50,000, and renewable for 2 additional one-year
periods. The State educational agency must give priority
consideration to local educational agencies that plan to use
the funds for schools identified as being in need of
improvement or corrective action and demonstrate a commitment
to assist schools with budget, professional development, and
other strategies to ensure reforms are properly implemented and
sustained. The State educational agency shall distribute
subgrants equitably to different geographic regions within the
State, including urban and rural areas. State educational
agencies may not reserve more than 5 percent of the grant funds
for administrative, evaluation, and technical assistance
expenses.
New Section 1705--Local Applications. This section requires
local educational agencies or consortia seeking subgrants under
this part to submit an application to the State educational
agencies for consideration.
New Section 1706--Local Use of Funds. This section requires
local educational agencies or consortia receiving a subgrant to
provide funds to schools eligible for assistance under part A
to support a variety of reform activities.
New Section 1707--National Evaluation and Reports. This
section requires the Secretary to develop a plan for a national
evaluation of the programs assisted under this part. The
evaluation shall examine the implementation and results
achieved by schools after 3 years of implementing school
reforms and the effectiveness of reforms in schools with
diverse characteristics.
Part H--School dropout prevention
New Section 1801--Short Title. This section specifies that
Part H may be cited as the ``Dropout Prevention Act.''
New Section 1802--Purpose. This section states the purpose
of this part, which is to provide school dropout prevention and
to raise academic achievement levels.
Subpart 1--Coordinated national strategy
New Section 1811--National Activities. This section
authorizes the Secretary to: (1) collect data regarding
participation in Federal dropout prevention and school reentry
programs; (2) establish an interagency working group to address
dropout prevention and school reentry issues; and (3) create a
national recognition program awarding monetary awards to
schools that have made extraordinary progress in lowering
dropout rates. The Secretary may award not more than 5
contracts for not more than 5 years each to non-Federal
entities to conduct an initiative to increase the types of
proven strategies for dropout prevention. The Secretary may
provide appropriate support to eligible entities, which are
defined as those that were providing dropout support to more
than 100 schools and published a specific program before the
enactment of the Dropout Prevention Act.
Subpart 2--National school dropout prevention initiative
New Section 1821--Program Authorized. New Section 1821(a)
states that funds under this part will be allocated to States
based on the title I formula if funds appropriated equal or
exceed $250 million, but competitively if funds appropriated
are less than $250 million.
New Section 1821(b) authorizes funds provided to States
under this subpart be used by State educational agencies to
award grants to public middle or secondary schools that have
dropout rates that are in the highest of all dropout rates in
the State for the purpose of supporting dropout prevention
programs.
New Section 1821(c) specifies that first-year grants to
schools shall be awarded based on school size, cost of
strategies, and local cost factors, with grant amounts
decreasing during each year of participation in the program.
Schools which create smaller learning communities are eligible
for a 10 percent increase in the amount of their grant.
New Section 1821(d) states that grants under this subpart
may be awarded for a duration of 3 years, plus an additional 2
years if significant progress is made in reducing the dropout
rate.
New Section 1822--Strategies and Capacity Building. This
section requires schools receiving grants under this subpart to
use grant funds for research-based, sustainable, and widely
replicated strategies for dropout prevention and school reentry
programs serving the entire school population. This section
specifies strategies for targeted purposes and comprehensive
reform approaches.
New Section 1823--Selection of Schools. New Section 1823(a)
requires schools seeking a grant under this subpart to submit
an application, containing specific information, to the State
educational agency.
New Section 1823(b) requires State educational agencies to
review applications and award grants to schools after a review
by a panel of experts on school dropout prevention.
New Section 1823(c) specifies that to be eligible to
receive a grant under this subpart, schools must be public
schools that serve at least 50 percent of students who are low-
income or participate in a school-wide program.
New Section 1823(d) specifies that a school receiving a
grant under this subpart may use the funds to secure services
from a community-based organization if the school approves the
use, the funds are used for dropout prevention, and the
organization has demonstrated an ability to provide effective
services.
New Section 1823(e) specifies that activities under this
subpart must be coordinated with other Federal programs.
New Section 1824--Dissemination Activities. This section
requires schools receiving a grant under this subpart to
provide information and technical assistance to other schools
within the school district.
New Section 1825--Progress Incentives. This section states
that local educational agencies shall use funding under this
title to provide assistance to schools that have not made
progress toward lowering school dropout rates after receiving
assistance under this subpart for 2 fiscal years.
New Section 1826--School Dropout Rate Calculation. This
section specifies that in order to calculate a school dropout
rate, schools shall use: (1) ``the annual event school dropout
rate for students leaving a school in a single year determined
in accordance with the National Center for Education
Statistics' Common Core of Data,'' or (2) a standard method
determined by the State educational agency.
New Section 1827--Reporting and Accountability. This
section requires schools receiving funding under this subpart
to provide, on an annual basis, a report to the Secretary and
to the State regarding the status of the implementation of
activities funded under this subpart. The Secretary shall
evaluate the effectiveness of the activities assisted under
this subpart.
New Section 1828--State Responsibilities. New Section
1828(a) requires State educational agencies to report to the
Secretary, 1 year after the enactment of the Dropout Prevention
Act, all school district and school data regarding school
dropout rates.
New Section 1828(b) requires State educational agencies
receiving funds under this part to develop and implement
education funding formula policies for public schools that
provide appropriate incentives to retain students in school.
New Section 1828(c) requires State educational agencies
receiving funds under this part to develop uniform, long-term
suspension and expulsion policies for serious infractions
resulting in more than 10 days of exclusion from school.
New Section 1828(d) requires the Secretary to issue
regulations implementing the provisions of this section.
Subpart 3--Definitions; authorization of appropriations
New Section 1831--Definitions. This section provides the
meanings of certain terms used in this part, including: ``low-
income'' and ``school dropout.''
Part F--Education for Homeless Children and Youth
Part F of the bill amends the Education for Homeless
Children and Youth authorized as Subtitle B of Title VII of the
Stewart D. McKinney Homeless Assistance Act (referred to below
as ``the act''.)
Section 161--Statement of Policy. Section 161 of the bill
amends section 721 of the act to state that homelessness alone
is not sufficient reason to separate students from the
mainstream school environment.
Section 162--Grants for State and Local Activities. Section
162(1) of the bill amends section 722(c) of the act to
eliminate Palau as part of those receiving reserved funds and
to drop the reference to Palau in the definitions.
Section 162(2) amends section 722(e) of the act to add a
new paragraph (3) to prohibit the segregation of homeless
students. A State is required to provide a free public
education to a homeless child or youth, and it may not
segregate such child or youth, either in separate school, or in
a separate program within a school, based on such child or
youth's status as homeless, except as provided in cases of
health or safety emergency or to provide special or
supplementary services to those children.
Section 162(3) amends section 722(f) of the act, which
deals with the functions of the Coordinator of Education of
Homeless Children and Youth in each State, to: (1) strike the
provision that the coordinator estimate the number of homeless
children in the state, and/or the number of youth served under
this subtitle; (2) permit the Secretary to set reporting dates
for the collection and transmittal of data the coordinator
gathers; (3) clarify the coordination of services provisions,
emphasizing not only ``coordination'' but also
``collaboration'' of services; (4) add local educational agency
liaisons for homeless children and youth and community
organizations representing such children and their families
among those in the coordination/collaboration effort; and (5)
provide technical assistance to local educational agencies to
ensure compliance with the prohibition on the segregation of
homeless students.
Section 162(4)(A) amends section 722(g)(1) of the act,
which deals with State plans, to strengthen assurances that
homeless children will not be isolated or stigmatized and to
provide that local educational agencies serving homeless
children and youth designate an appropriate staff person (who
may also be in charge of administering other Federal programs)
to serve as liaison for homeless children and youth and post
public notice of the educational rights of such children and
youth in locations such as family shelters, and soup kitchens.
Section 162(4)(B) amends section 722(g)(3) of the act,
which deals with local educational agency requirements, to
expand provisions related to school of origin and to provide
for prompt enrollment. A child who becomes homeless is to be
served in the school of origin for the duration of the child's
homelessness, rather than for the remainder of the academic
year. A child who becomes permanently housed is to be served in
the school of origin for the remainder of the school year. (The
current option of enrolling the child in the attendance area
where he or she is actually living is retained.) To the extent
feasible, a local educational agency must keep a student in the
school of origin except when that is contrary to the wishes of
the parent or guardian or, in the case of an unaccompanied
youth, the youth. The bill includes a new requirement that a
written explanation be provided to the parent or guardian if
the child is sent to a school other than the school of origin
or the school requested by the parent or guardian. In addition,
the bill adds a new provision stipulating that a school must
immediately enroll homeless youth, even if they are unable to
produce required records. The new school must also contact the
old school for the records and refer the child to proper place
for immunization if he or she lacks needed shots. A school must
immediately enroll homeless youth in cases of an enrollment
dispute, pending resolution of the dispute.
Section 162(4)(C) amends section 722(g)(6) of the act,
which deals with coordination of services, to consolidate
current law provisions regarding coordination of agencies and
programs and to add language stating the purpose of
coordination, which is to ensure that homeless children and
youth have access to available education and related support
services and to raise the awareness of school personnel and
service providers of the effects of short-term stays in a
shelter and other challenges associated with homeless children
and youth.
Section 162(4)(D) amends section 722(g)(7) of the act,
which deals with the local educational agency liaison, to add
provisions that the liaison ensure that: (1) homeless youth
have full and equal opportunity to succeed; (2) parents are
informed of the education and related opportunities available
to their children and are provided with the opportunity to
participate in the education of their children; and (3) public
notice of the educational rights of homeless children and youth
is posted at places such as family shelters and soup kitchens.
The bill also includes new provisions requiring local liaisons
to coordinate and collaborate with statecoordinators and
community/school personnel responsible for the education of
homeless children and youth and to assist in the resolution of
disputes.
Section 163--Local Educational Agency Grants. Section
163(1) of the bill amends section 723(a) of the act, which
deals with the services provided by local educational agencies,
to clarify current law provisions and to prohibit the
segregation of homeless children and youth from the general
education population except as is necessary for health and
safety emergencies or to provide temporary, special,
supplementary services.
Section 163(2) of the bill amends section 723(b) of the
act, which deals with local applications, to add a requirement
that the application include an assessment of the educational
and related needs of homeless youth (which can be undertaken as
a part of needs assessment for other disadvantaged groups).
Section 163(3) of the bill amends section 723(c) of the
act, which deals with grant awards to local educational
agencies, to provide that grants be awarded on a competitive
basis and that grant awards be based on both need and on the
quality of the application. Factors to be considered in
determining quality include: (1) needs assessment and the
likelihood the program will meet those needs; (2) the types,
intensity, and coordination of services; (3) involvement of
parents; (4) integration of homeless students; (5) quality of
evaluation plans; (6) how services under this title will be
coordinated with other services; and (7) other indicators as
established by the State educational agency.
Section 164--Secretarial Responsibilities. Section 164 of
the bill amends section 724 of the act to add new provisions
requiring the Secretary to issue guidelines regarding the
immediate enrollment of homeless children and youth and to
collect data regarding homeless education. In addition, the
reporting requirement is updated, and not later than 4 years
after enactment, the Secretary is to prepare and submit to the
President and appropriate congressional committees a report on
the status of education of homeless youth, which includes
information on the actions of the Department and the
effectiveness of programs supported under this subtitle.
Specifically, the Secretary is to publish in the Federal
Register, not later than 60 days after date of enactment,
guidelines to States describing ways in which a State may
assist local educational agencies in immediately enrolling
homeless students and how States can review their immunization
and medical or school records to make such revisions as
appropriate and necessary in order to more quickly enroll
homeless students. Under the new information provisions, the
Secretary to periodically collect and disseminate data
regarding the number and locale of homeless youth, the
education and services provided, the extent to which needs are
being met, and other data needed to carry out homeless
education programs. The Secretary is to coordinate such
collection and dissemination with all entities that receive and
administer programs for the education of homeless children and
youth.
Section 165--Definitions. Section 165 of the bill amends
section 725 of the act to include definitions of ``local
educational agency'' and ``State educational agency.''
Section 166--Authorization of Appropriations. Section 166
of the bill amends section 726 of the act to authorize a
funding level of $70 million for fiscal year 2002 and such sums
as may be necessary for each of the 6 succeeding fiscal years.
Section 167--Conforming Amendments. Section 167 of the bill
makes conforming changes to references within the act.
TITLE II--TEACHER QUALITY
Part A--Teachers
Section 201--Teacher Quality. Section 201 amends Title II
to strike all of Part A and insert new provisions, renaming
Title II as ``TEACHER QUALITY'' and Part A as ``TEACHERS.''
Part A--Teachers
Provisions of the new Title II, Part A include:
Section 2101--Purpose. Section 2101 states the purpose of
part A is to provide grants to State and local educational
agencies and eligible partnerships in order to increase student
achievement and student performance through such strategies as
improving teacher quality and increasing the number of highly
qualified teachers in the classroom and hold local educational
agencies and schools accountable for improvements in student
academic achievement and student performance.
Section 2102--Definitions. Section 2102 provides
definitions for the terms ``all students,'' ``core academic
subjects,'' ``highly qualified,'' ``high need local educational
agencies,'' ``institution of higher education,'' ``out of field
teacher,'' ``poverty line,'' and ``professional development''.
Section 2103--Authorization of Appropriations. Section 2103
authorizes $3 billion for fiscal year 2002 and such sums as
necessary for the 6 succeeding fiscal years. It authorizes $100
million for fiscal year 2002 and such sums as necessary for the
6 succeeding fiscal years for National Programs.
Subpart 1--Grants to States
Section 2111--Allotments to States. Section 2111 includes
general provisions dealing with formula grants to States,
providing that States with applications approved by the
Secretary will receive grants in order to make subgrants to
local educational agencies and eligible partnerships as well as
to carry out specified statewide activities.
Section 2111(b) establishes allotments as follows:
\1/2\ of 1 percent is reserved for the outlying areas
(United States Virgin Islands, Guam, American Samoa and
the Commonwealth of the Northern Mariana Islands).
\1/2\ of 1 percent is reserved for the Secretary of
Interior for schools operated by the Bureau of Indian
Affairs.
Provides a limitation that the amount reserved does
not exceed the amount received under the Eisenhower
program and section 306 of the Department of Education
Appropriations Act, 2001.
The 50 States, the District of Columbia and the
Commonwealth of Puerto Rico will first receive an
allotment equal to the amount received in fiscal year
2001 from the Eisenhower program and the Class Size
Reduction program--subject to a ratable reduction if
appropriations are insufficient to meet the hold
harmless. Amounts above the fiscal year 2001 levels
will be allocated based on the number of individuals
age 5 through 17 in the State (50 percent) and on the
number of individuals areas 5 through 17 from families
with incomes below the poverty level (50 percent). No
State may receive less than \1/2\ of 1 percent of the
total amounts above the 2001 level.
If a State does not apply for funds, the funding it
would have received will be reallotted among the
remaining States on the basis described above.
Section 2112--State Applications. Section 2112 requires
that the State educational agency submit an application to the
Secretary at such time and in such manner as the Secretary may
reasonably require. Each application must contain the following
information: a description of how the activities to be carried
out by the State educational agency will be based on a review
of relevant research and an explanation of why the activities
are expected to improve student performance and outcomes; a
description of how the State educational agency will align
activities with State content and student performance standards
and State assessments; a description of how the State
educational agency will use funds to improve the quality of the
teaching force and the educational opportunities for all
students; a description of how the State educational agency
will coordinate professional development activities authorized
under this part with professional development provided under
other Federal, State and local programs; an assurance that the
State educational agency will consistently monitor the progress
of each local educational agency and school in the State in
achieving the purpose of this part and meeting the performance
objectives and measures described in section 2141. The
Secretary shall approve a State application submitted to the
Secretary under this section unless the Secretary makes a
written determination within 90 days after receiving the
application that the application does not meet the requirement
of this Act.
Section 2113--State Use of Funds. Section 2113 requires
that a State receiving a grant under section 2111 shall reserve
a portion of the funds for State activities; 95 percent for
local educational agencies; and a portion of the funds for
subgrants to local partnerships.
State educational agencies shall use funds to carry out 1
or more of the following activities: (1) reforming teacher
certification (including recertification) or licensing
requirements to ensure that teachers have necessary subject
matter knowledge and teaching skills in the subject area that
the teachers teach, that requirements are aligned with
challenging State content standards, and that teachers have the
subject matter knowledge and teaching skills necessary to meet
challenging State student performance standards; (2) carrying
out programs that provide support during the initial teaching
experience; (3) carrying out programs that establish, expand,
or improve alternative routes for State certification of
teacher for highly qualified individuals with baccalaureate
degree; (4) supporting activities to encourage and support
teachers seeking national board certification from the National
Board for Professional Teaching Standards or other recognized
entities; (5) developing and implementing effective mechanisms
to assist local educational agencies and schools in effectively
recruiting and retaining highly qualified and effective
teachers and principals; (6) funding projects to promote
reciprocity of teacher certification or licensure between or
among States; (7) testing new teachers for subject matter
knowledge, and testing the teachers for State certification or
licensure; (8) supporting activities that ensure teachers are
able to use State content and student performance standards and
assessments to improve instructional practices; (9)
establishing teacher compensation systems based on merit; and
(10) reforming tenure systems. A State receiving a grant must
coordinate these activities with those funded under section 202
of the Higher Education Act.
Subpart 2--Subgrants to local educational agencies
Section 2121--Allocations to Local Educational Agencies.
States receiving grants shall make grants to eligible LEAs in
an amount allocated based on the number of individuals age 5
through 17 in the State (25 percent) and on the number of
individuals areas 5 through 17 from families with incomes below
the poverty level (75 percent).
Section 2122--Local Application and Needs Assessment. Local
educational agencies must submit an application to the State
educational agency at such time and in such manner as the State
educational agency may reasonably require. Each application
submitted must be based on a needs assessment and shall include
the following: A description of the activities to be carried
out by the local educational agency; a description of how the
activities will be based on a review of relevant research and
an explanation of why the activities are expected to improve
student performance and outcomes; a description of how the
activities will have a substantial, measurable and positive
impact on student achievement and student performance and how
the activities will be used as part of a broader strategy to
eliminate the achievement gap that separates low-income and
minority students and other students; an assurance that the
local educational agency will target funds to schools with the
lowest proportion of highly qualified teachers; are identified
for school improvement or are identified for school improvement
inaccordance with other measures of school quality as
determined and documented by the local educational agency; a
description of how the local educational agency will coordinate
professional development activities authorized under this
subpart with professional development activities provided under
other Federal, State, and local programs; a description of the
evaluation plan the local educational agency will carry out
pursuant to section 2141; a description of how the local
educational agency has collaborated with teachers,
paraprofessionals, principals and other relevant school
personnel and parents in preparation of the application; a
description of the results of the needs assessment; and a
description of how the local educational agency will address
the ongoing professional development and mentoring needs of
teachers and administrators.
Section 2123--Local Use of Funds. This section provides
that a local educational agency may use the amount of funds it
received under the class-size reduction provisions of the
Department of Education Appropriations Act, 2001 to carry out
the activities authorized under those provisions. A local
educational agency must use funds to carry out 1 or more of the
following activities: (1) providing professional development
activities that improve the content knowledge, effective
instructional practices, and effective use of State standards
and assessments of teachers; (2) mentoring; (3) providing
teachers and principals with professional development through
institutions of higher education; (4) providing induction and
support for beginning teachers; (5) recruiting, hiring, and
training teachers; and (6) carrying programs and activities
related to teacher tenure reform, merit pay, and testing of
teachers in academic subjects that the teachers teach.
Subpart 3--Subgrants to eligible partnerships
Section 2131--Subgrants. This section provides that the
State agency for higher education shall use funds to make
competitive subgrants to eligible partnerships. Such subgrants
are to be equitably distributed geographically within the State
and serve all areas of the State. No single participant in a
partnership may use more than 50 percent of the funds made
available.
Section 2132--Applications. This section requires eligible
partnerships to submit applications for funding to the State
agency for higher education.
Section 2133--Use of Funds. This section requires that
eligible partnerships use funds for: professional development
activities in core academic subjects and assisting local
educational agencies and teachers, paraprofessionals, or
principals with sustained, high-quality professional
development activities. An eligible partnership which receives
a grant under this subpart and under section 203 of the Higher
Education Act must coordinate the activities carried out under
both grants.
Section 2134--Definition. This section defines ``eligible
partnership,'' which must include a private or State
institution of higher education and the division of the
institution that prepares teachers, a school of arts and
sciences, and a high-need local educational agency. A
partnership may also include another local educational agency,
a public charter school, an elementary or secondary school, an
educational service agency, a nonprofit educational
organization, another institution of higher education, a school
of arts and sciences within such an institution, the division
of such an institution that prepares teachers, a nonprofit
cultural organization, an entity carrying out a prekindergarten
program, a teacher organization, or a business.
Subpart 4--Accountability
Section 2141--Evaluation Plan for Local Educational
Agencies. This section provides that each local educational
agency receiving funds under part A must develop an evaluation
plan including performance objectives and other measures
relating to increasing student achievement and performance for
all students, increasing participation in sustained
professional development and mentoring, increasing teacher
retention among new teachers, and decreasing the use of out-of-
field teachers. The evaluation plan may also include other
measures of student achievement and performance determined by
the local educational agency.
Section 2142--Sanctions for Local Educational Agencies.
This section provides that each local educational agency
receiving funds under part A must submit an annual report to
the State educational agency describing progress towards
meeting the purpose of part A and the performance objectives
and measures. If the State educational agency determines that a
local educational agency has failed to make substantial
progress by the end of the third year of funding, the State
educational agency must provide technical assistance to the
local educational agency and, if applicable, to schools served
by that agency in need of assistance. If the local educational
agency fails to make substantial progress by the end of the
fifth year of funding, the State educational agency must
withhold the funding allocation to the local educational agency
for 2 fiscal years and use those funds to assist the LEA to
achieve the purpose and meet the objectives and measures.
Subpart 5--National programs
Section 2151--National Programs of Demonstrated
Effectiveness. This section provides that the Secretary shall
use funds to carry out the following national activities: (1)
professional development for school leaders to held develop or
enhance their leadership skills, recruitment of school leaders,
and mentorship of new school leaders; (2) encouragement and
support for teachers seeking advanced certification or
credentialing through high quality programs, including programs
provided by the National Board for Professional Teaching
Standards; (3) support for the Troops-to-Teachers Program
through a contract with the Defense Activity for Non-
Traditional Education Support of the Department of Defense; (4)
support for programs to recruit, prepare, and support mid-
career professionals to become highly qualified teachers; and
(5) support for a National Teacher Recruitment Campaign to be
conducted by a single national coalition of teacher and media
organizations, including the National Teacher Recruitment
Clearinghouse. A separate authorization of $3 million is
provided for the recruitment campaign.
Part--B Mathematics and science partnerships
New section 2201--Purpose. This section states the purpose
of part B, which is to improve the performance of students in
the areas of mathematics and science by encouraging the
participation of States, institutions of higher education, and
elementary and secondary schools in programs that: encourage
institutions of higher education to establish a system of
recruiting and advising mathematics and science teachers; focus
on career-long education for mathematics and science teachers;
bring together mathematics and science teachers with
scientists, mathematicians, and engineers; and develop rigorous
curricula aligned with standards and postsecondary studies.
New section 2202--Definitions: Eligible Partnership. This
section defines ``eligible partnership,'' which must include a
State educational agency, a mathematics or science department
of an institution of higher education, and a local educational
agency. A partnership may also include another mathematics or
science department or a teacher training department, another
local educational agency, an elementary or secondary school, a
business, or a nonprofit organization. ``High need local
educational agency'' is defined as having the meaning given the
term in section 210(b) of the Higher Education Act of 1965.
``Summer workshop or institute'' is defined as one which lasts
during a minimum of 2 weeks, provides direct interaction
between students and faculty, and provides for at least 3 days
follow-up training in the classroom during the academic year,
with specified exceptions.
Subpart 1--Grants to partnerships
New section 2211--Grants Authorized. The Secretary is
authorized to award 5-year competitive grants to eligible
partnerships. The federal share of such grants is 75 percent
for the first year, 65 percent for the second year, and 50
percent for each of the remaining years in the grant period.
Priority must be given to partnerships involving a high need
local educational agency.
New section 2212--Application Requirements. Applications
for grant funds must include: an assessment of needs for
teacher quality and professional development for all
participating entities; a description of how activities will be
aligned with State and local standards; and a description of
how activities will be based on a review of relevant research.
Applications must also include a description of the proposed
program and an evaluation and accountability plan.
New section 2213--Authorized Activities. This section
provides that an eligible partnership shall use grant funds for
1 or more of the following activities: developing more rigorous
math and science curricula aligned to State and local standards
and with the standards expected for postsecondary study in
mathematics and science, respectively; creating opportunities
for enhanced and ongoing professional development; recruiting
math and science majors to teaching; promoting strong teaching
skills for math and science teachers and teacher educators;
establishing math and science summer workshops or institutes
for teachers; establishing distance learning programs for math
and science teachers; designing programs to prepare a teacher
to provide professional development to other teachers and
novice teachers; and designing programs to bring teachers into
contact with working scientists.
New section 2214--Evaluation and Accountability Plan. This
section requires each eligible partnership to develop an
evaluation and accountability plan which includes objectives
and measures for improved student performance on State math and
science assessments or the Third International Math and Science
Study assessment; increased student participation in advanced
courses; increased percentages of secondary school classes in
math and science taught by teachers with academic majors in
those subjects; and increased numbers of math and science
teachers who participate in content-based professional
development activities.
New section 2215--Report; Revocation of Grant. This section
requires grant recipients to report annually to the Secretary
regarding progress in meeting performance objectives. If the
Secretary determines that a grantee is not making substantial
progress in meeting those objectives by the end of the third
year of the grant, then no further grant payments will be made.
Subpart 2--Eisenhower Clearinghouse for Mathematics and
Science Education
New section 2221--Clearinghouse. This section allows the
Secretary, in consultation with the Director of the National
Science Foundation, to award a grant or contract to continue
the Eisenhower National Clearinghouse for Mathematics and
Science Education. The grant or contract will be awarded on a
competitive, merit basis by the Secretary for 5 years. The
funds shall be used to: maintain a permanent repository of math
and science education instructional materials and programs;
compile information on all math and science education programs
administered by each Federal agency or department; disseminate
information, programs and instructional materials; coordinate
with identifiable and existing data bases; gather qualitative
and evaluative data on submissions to the Clearinghouse;
solicit and gather materials and programs, review the
evaluation of the materials and programs, rank them, distribute
the results of the reviews and excerpts of materials and links
to Internet-based sites and information regarding on-line
communities of users to teachers, but not conduct evaluations;
and develop and establish an Internet-based site with search
mechanism to identify information available through the
Clearinghouse. Each Federal agency or department developing
math or science educational instructional material or programs
shall submit copies to the Clearinghouse. The Secretary shall
use a peer review process to choose the recipient of the award,
will disseminate information concerning the grant or contract
awarded, and may appoint a steering committee to direct the
Clearinghouse. Copyright laws apply to material collected by
the Clearinghouse. Not later than 2 years after the enactment
of this Act, the National Academy of Sciences will conduct a
study of the Clearinghouse and submit its report to Congress.
Subpart 3--Preparing tomorrow's teachers to use technology
New Section 2231--Purpose; Program Authority. This section
states that the purpose ofsubpart 3 is to assist consortia in
programs preparing prospective teachers to use advanced
technology to foster learning environments conducive to
preparing all students to meet standards. This section gives
the Secretary of Education, acting through the Director of the
Office of Educational Technology, the authority to make awards
on a competitive basis and for not more than 5 years to pay the
Federal share of projects to develop or redesign teacher
preparation programs to use advanced technology effectively.
New Section 2232--Eligibility. This section states that, in
order to receive an award under this subpart, an applicant must
include at least 1 institution of higher education that offers
a baccalaureate degree and prepares teachers for their initial
entry into teaching, at least 1 State or local educational
agency, and 1 or more of: a second institution of higher
education, a school or department of education at an
institution of higher education, a school or college of arts
and sciences at an institution of higher education, a
professional association, foundation, museum, library, for-
profit business, public or private nonprofit organization,
community-based organization, or other entity with the capacity
to contribute to the technology-related reform of teacher
preparation programs. This section states that the applicant
must submit an application to the Secretary and that the
application shall include: a description of the proposed
project including how the individuals participating would use
advanced technology to create learning environments conducive
to preparing all students to meet standards; a demonstration of
the commitment, including financial, of each member of the
consortium and of the active support of the leadership of each
member; a description of how each member will be included in
the activities; a description of how the project will be
continued after Federal funds end; and a plan for project
evaluation, including evaluation to monitor progress toward
project objectives. This section states that the Federal share
of any project shall not exceed 50 percent and the non-Federal
share may be in cash or in kind, including services except in
the case of equipment, networking capabilities, or
infrastructure--where the Federal share cannot exceed 10
percent and the non-Federal share must be in cash.
New Section 2233--Use of Funds. This section states that
recipients must use the funds to create programs that enable
prospective teachers to use advanced technology to create
learning environments conducive to preparing all students to
meet standards and to evaluate the effectiveness of the
project. This section states that recipients may use the funds
to develop and implement programs that enable educators to
learn the range of resources that can be accessed through the
use of technology, integrate a variety of technologies into the
classroom, evaluate educational technologies and their use, and
help students develop their technical skills and digital
learning environments; develop alternative teacher development
paths; develop performance-based standards and assessments
aligned with the standards to measure the capacity of
prospective teachers to use technology; provide technical
assistance to entities carrying out other teacher preparation
programs; develop and disseminate resources and information to
assist in preparing teachers; and acquire equipment, networking
capabilities, and infrastructure to carry out the project.
Subpart 4--General provisions
New section 2241--Consultation with National Science
Foundation. In carrying out the activities authorized by this
part, the Secretary shall consult and coordinate with the
Director of the National Science Foundation, particularly with
respect to the appropriate roles of each in summer workshops or
institutes.
New section 2242--Authorization of Appropriations. This
section authorizes appropriations for part--activities. The
authorization for subpart 1 is $500 million for fiscal year
2002 and such sums as may be necessary in each of the 6
succeeding fiscal years. The authorization for subpart 2 is $5
million for fiscal year 2002 and such sums as may be necessary
in each of the 6 succeeding fiscal years. The authorization for
subpart 3 is $150 million for fiscal year 2002 and such sums as
may be necessary in each of the 6 succeeding fiscal years.
Part C--State and local programs for technology use in classrooms
Section 2301--Purpose; Goal. This section of the bill
states the purpose and goal of part C. The purpose of the part
is to support a comprehensive system to use technology
effectively in elementary and secondary schools to improve
student achievement and performance. The goal of the part is to
assist every child in crossing the digital divide by ensuring
that every child is technologically literate by the time the
child finished the 8th grade.
Section 2302--Definitions. This section provides
definitions for the terms ``adult education,'' ``all
students,'' ``information infrastructure,'' ``interoperable;
interoperability,'' ``public telecommunications entity,''
``State educational agency,'' and ``State library
administrative agency.''
Section 2303--Allotment and Reallotment. Section 2303(a)
provides that the Secretary shall reserve sufficient funds to
maintain grants awarded under the National Challenge Grants for
Technology in Education prior to the enactment of the Better
Education for Students and Teacher Act.
Section 2303(b) provides that each State educational agency
will receive a grant based on the title I formula, with a
minimum grant level of \1/2\ of 1 percent of the amount
available each year.
Section 2303(c) provides that the Secretary may reallot any
State educational agency allotment which is not needed during a
fiscal year to other State educational agencies in proportion
to their original allotments. To the extent that a State
educational agency is unable to use all or a portion of the
reallotted funds in a fiscal year, those additional funds will
be similarly realloted among the other State educational
agencies.
Section 2304--Technology Grants. Section 2304(a) provides
that the Secretary, through the Office of Educational
Technology, shall award grants to State educational agencies to
be usedfor competitive grants to local educational agencies.
Grant awards to local educational agencies must be of
sufficient size, scope, and quality to carry out the purposes
of part C. In awarding grants, the State educational agency
must give priority to the local educational agencies serving
the highest number or percentage of children in poverty and
must ensure an equitable distribution of assistance among urban
and rural areas of the State.
Section 2304(b) provides that each State educational agency
which receives a grant must identify and offer technical
assistance to local educational agencies with the highest
number or percentage of children in poverty and which
demonstrate the greatest need for technical assistance in
developing an application for funds.
Section 2305--State Application. This section provides that
a State educational agency must submit a statewide educational
technology plan in order to receive part C funds. The statewide
plan must: outline long-term strategies for improving student
performance and achievement through the effective use of
technology; outline long-term strategies for financing
technology education in the State and describe the
participation of other agencies and organizations with the
State; and meet other criteria established by the Secretary to
enable the State educational agency to assist local educational
agencies with the highest numbers or percentages of children in
poverty and which demonstrate the greatest need for technology.
Section 2306--Local Uses of Funds. This section provides
that local educational agencies, to the extent possible, use
part C funds to: use technology to support school reform
efforts; provide ongoing professional development in the
integration of technology into the curriculum; acquire
connectivity linkages, resources, and services; acquire
connectivity with wide area networks; provide educational
services for adults and families; and repair and maintain
school technology equipment. At least 30 percent of local
educational agency funds must be used for professional
development.
Section 2307--Local Applications. Section 2307(a) requires
that a local educational agency apply to the State educational
agency for assistance under part C. The application must
include an updated version of a strategic, long-range plan that
includes: a description of how activities will be based on a
review of relevant research and an explanation of why the
activities are expected to improve student achievement; an
explanation of how acquired technologies will be integrated
into the curriculum; a description of the technologies to be
acquired; an explanation of how programs will be developed in
collaboration with existing adult literacy service provides; a
description of how ongoing, sustained professional development
will be provided for teachers, administrators, and school
library media personnel; a description of the supporting
resources which will be acquired; the projected costs of
technologies and related expenses; a description of how
technology provided under part C will be coordinated with other
technology grant funds; a description of the process for the
ongoing evaluation of how technologies will be integrated into
the curriculum; and a description of the evaluation plan of the
local educational agency.
Section 2307(b) provides that a local educational agency
may apply for assistance as part of a consortium with other
local educational agenciess, institutions of higher education,
intermediate educational units, libraries, or other appropriate
educational entities.
Section 2308--Accountability. This section provides that
each local educational agency receiving funds under part C must
develop an evaluation plan including performance objectives and
other measures relating to increased professional development
in the effective use of technology, increased access to
technology in the classroom, and other indicators reflecting
increased student achievement or performance. Each local
educational agency must submit an annual report to the State
educational agency describing progress towards meeting the
purpose of part C and the performance objectives and measures.
If a local educational agency has failed to show measurable
improvements in all performance measures by the end of the
third year of funding, it will not receive funds for the
remaining grant years. The State educational agency must
provide technical assistance to local educational agencies to
assist them in meeting the performance objectives and measures.
Section 2309--National Education Technology Plan. This
section requires the Secretary, within 1 year of enactment, to
prepare a national long-range plan to support the national
technology policy. The Secretary is to consult with a wide
range of individuals and organizations in preparing the plan.
Upon completion, the plan is to be submitted to the President
and to the appropriate committees of Congress and is to be made
readily accessible to the public. The plan must include
descriptions of: (1) the way in which the Secretary will
encourage the effective use of technology to provide all
students the opportunity to achieve; (2) joint activities in
support of the overall national technology policy to promote
the use of technology in education, training, and lifelong
learning; (3) the way in which the Secretary will work with
educators, educational agencies, and the private sector to
facilitate the effective use of technology in education; (4)
the way in which the Secretary will promote higher academic
achievement and performance, increased access to technology,
the use of technology to assist with State systemic reform, the
application of technological advances to improve educational
opportunities, increased access to high quality adult and
family education services, and increased professional
development opportunities; (5) the way in which the Secretary
will determine the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of date and effective
use of technology in improving education; (6) the way in which
the Secretary will promote the exchange of information
regarding the effective use of technology in education; and (7)
the Secretary's long-range measurable goals and objectives
relating to the purposes of part C.
Section 2310--Authorization of Appropriations. This section
authorizes a funding level of $1 billion for fiscal year 2002
and such sums as may be necessary in each of the 6 succeeding
fiscal years. A grant recipient under part C may use no more
than 5 percent of grant funds for administrative costs or
technical assistance.
Section 202. Teacher Mobility. This section, the ``Teacher
Mobility Act,'' adds a new part D entitled ``Part D--
Portability of Teacher Pensions and Credentials'' to title II.
Part D--Portability of teacher pensions and credentials
New Section 2401. Definition. This section defines
``pension'' as a pension provided under an employee pension
benefit plan, as defined in section 3(2) of the Employee
Retirement Income Security Act of 1974.
New Section 2402. National Panel of Portability of Teacher
Pensions and Credentials. Section 2402(a) establishes a
National Panel of Portability of Teacher Pensions and
Credentials (the ``panel'').
Section 2402(b) provides that the 9 members of the panel
will be appointed by the Secretary from among practitioners and
experts with experience relating to teacher pensions and
credentials.
Section 2402(c) provides that members will be appointed for
the life of the panel.
Section 2402(d) sets the duties of the panel as studying
options for increasing reciprocity of recognition of teacher
credentials and portability of teacher pensions between States
and as reporting the results of the study to the Secretary and
the appropriate committees of Congress within 1 year.
Section 2402(e) gives the panel the powers to hold
hearings, take testimony, and receive evidence the panel
considers advisable; to secure such information from any
Federal department or agency as the majority of the panel
requests; and to use the United States mails in the same manner
and under the same conditions as other Federal departments and
agencies.
Section 2402(f) states that members of the panel shall
receive no compensation, but shall be allowed travel expenses
and that Federal employees may be detailed to the panel without
interruption or loss of civil service status or privilege.
Section 2402(g) states that Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
panel.
Section 2402(h) states that funds necessary to carry out
this act are authorized for fiscal year 2002 and shall remain
available until expended.
TITLE III--MOVING LIMITED ENGLISH PROFICIENT STUDENTS TO ENGLISH
FLUENCY
Section 301--Amendment to the Elementary and Secondary
Education Act of 1965. This section renames title III
``Bilingual Education, Language Enhancement, and Language
Acquisition Programs'' and amends the title to read as follows:
Part A--Bilingual education
The new part A includes the following provisions:
Section 3001--Short Title. New section 3001 provides that
the short title of part A is ``Bilingual Education Act.''
Section 3002--Purpose. New section 3002 states that the
purpose of part A is to promote systemic improvement for
educational programs serving limited English proficient
students.
Section 3003--Authorization of Appropriations. New section
3003 authorizes a funding level of $300 million for fiscal year
2002 and such sums as may be necessary for each of the 6
succeeding fiscal years. At least 25 percent of such funds are
reserved to carry out subpart 3.
Section 3004--Native American and Alaska Native Children in
School. New section 3004 provides that specified schools and
other entities serving Native American and Alaska Native
children shall be considered to be a local educational agency
for the purposes of this part. Eligible entities submit
applications for assistance under part A directly to the
Secretary.
Section 3005--Residents of the Territories and Freely
Associated Nations. New section 3005 provides that, for
carrying out part A programs in the outlying areas, the term
``local educational agency'' includes public entities whose
mission is the preservation and maintenance of native
languages.
Subpart 1--Bilingual education capacity and demonstration
grants
Section 3101--Financial Assistance for Bilingual Education.
New section 3101 states that the purpose of subpart 1 is to
develop the capacity of local educational agencies,
institutions of higher education, and community-based
organization to enhance their capacity to provide high-quality
instruction to children and youth of limited English
proficiency and to help such children and youth develop
proficiency in English.
Section 3102--Program Enhancement Projects. New section
3102(a) states that the purpose for Program Enhancement
Projects is to: provide grants to entities for locally
designed, high quality instruction to children and youth of
limited English proficiency; help children and youth develop
English language proficiency; and help children and youth in
attaining the standards established under section 1111(b) of
this act.
New section 3102(b) authorizes the activities for Program
Enhancement Projects which shall include: developing
comprehensive preschool, elementary, or secondary education
programs for limited English proficient children and youth;
providing high quality professional development; and annually
assessing the English proficiency of alllimited English
proficient students. Other activities may include: upgrading
reading and other academic skills; developing accountability
systems to monitor academic progress of limited English
proficient and formerly limited English proficient students;
implementing family education programs; acquiring and applying
effective instructional materials; providing intensified
instruction; adapting best practice models; assisting limited
English proficient students with disabilities; and implementing
applied learning activities.
New section 3102(c) defines entities which are eligible to
apply for Project Enhancement Projects as being: one or more
local educational agencies; one or more local educational
agencies in collaboration with an institution of higher
education, community-based organization, or local or State
educational agency; or a community-based organization or
institution of higher education which has an application
approved by the local educational agency.
New section 3102(d) authorizes the Secretary, if the
Secretary so chooses, to give priority in awarding grants to an
entity that serves a school district which has either a total
enrollment of less than 10,000 students or a large percentage
or number of limited English proficient students and which has
limited or no experience in serving limited English proficient
students.
Section 3103--Comprehensive School and Systemwide
Improvement Grants. New section 3103(a) states that the
purposes of Comprehensive School and Systemwide Improvement
Grants are to: provide financial assistance to schools and
local educational agencies for implementing bilingual education
programs; assist limited English proficient students in meeting
the standards established under section 1111(b); and improve
instructional programs in schools and local educational
agencies that serve significant percentages of students with
limited English proficiency or significant numbers of such
students.
New Section 3103(b) specifies that grants awarded under
this section shall be used for: improving instructional
programs for limited English proficient students; aligning
activities with State and local school reform efforts;
providing training to improve instruction and assessment of
limited English proficient students; implementing culturally
and linguistically appropriate family education programs;
coordinate training activities with title II of the Higher
Education Act; coordinating activities with other programs;
providing services to meet the full range of the educational
needs of limited English proficient students; annually
assessing the English proficiency of limited English proficient
students; and developing accountability systems. This section
also lists several permissible activities.
New Section 3103(c) specifies the reservation of funds for
continued payments of grants awarded prior to the date of
enactment for which the grant period has not ended. One-third
of remaining funds will be used to award grants for activities
carried out within an entire school district, and two-thirds of
such funds will be used to award grants for activities carried
out within individual schools.
New section 3103(d) defines entities which are eligible to
apply for Comprehensive School and Systemwide Improvement
Grants as being: one or more local educational agencies; or one
or more local educational agencies in collaboration with an
institution of higher education, community-based organization,
or local or State educational agency.
Section 3104--Applications. New section 3104 sets out
requirements for the application of grant funds under subpart
1.
New section 3104(b) provides that the State educational
agency must review an application and provide written comments
to be included with the application.
New section 3104(c) provides that an eligible entity may
address the comments provided by the State educational agency.
New section 3104(d) provides that the Secretary must take
the State educational agency comments into consideration.
New section 3104(e) authorizes the Secretary to waive the
requirement for State educational agency review of the
application if the agency can demonstrate that the requirement
would impede the agency's ability to fulfill the requirements
of participation in the State grant program.
New Section 3104(f) provides that the application must
document that the applicant has sufficient qualified personnel
and that the leadership personnel of each participating school
have been involved in developing and planning the program.
New Section 3104(g) provides that grant applications must
include: a description of the need for the proposed program,
including data on the number and characteristics of students to
be served and the professional development needs of the
instructional personnel who will provide services; a
description of the program to be implemented, including how it
will be coordinated with other programs and will ensure
accountability in achieving high standards; a description of
any collaborative activities with other entities; an assurance
that State and local funds will not be reduced if grant funds
are received; an assurance that teachers employed in the
program will be proficient in English and in the native
language of the majority of the students taught by the teachers
(if the instruction in the program is in the native language as
well as English); a budget for grant funds; a description of
services to be provided, including specific achievement and
school retention goals; and assurances that the program will be
integrated with the overall educational program and that the
application has been developed in consultation with an advisory
council.
New section 3104(h) provides that the Secretary may approve
a grant application only if: the program will use qualified
personnel; the needs of children in nonprofit private
elementaryand secondary schools have been taken into account;
student evaluation and assessment procedures are valid,
reliable, and fair; federal funds will be used to supplement,
not supplant, State and local funds; grant assistance will
contribute to building the capacity of the applicant to provide
a program on a regular basis; and the applicant uses State and
national dissemination sources.
New section 3104(i) provides the Secretary shall give
priority to a grant applicant who: experiences a dramatic
increase in the number or percentage of limited English
proficient students enrolled in the applicant's programs and
has limited or no experience in serving limited English
proficient students; is a local educational agency that serves
a school district that has a total district enrollment of less
than 10,000 students; demonstrates that the applicant has a
proven record of success in helping limited English proficient
children and youth learn English and meet high academic
standards; proposes programs that provide for the development
of bilingual proficiency in English and another language; or
serves a school district with a large percentage or number of
limited English proficient students. The Secretary shall also
give consideration to the degree to which the program involves
collaborative efforts and shall give due consideration to
applications providing personnel training.
Section 3105--Capacity Building. New section 3105 provides
that grant recipients shall use funds to build their capacity
to continue to offer high-quality programs once assistance is
reduced or eliminated.
Section 3106--Programs for Native Americans and Puerto
Rico. New section 3106 provides that programs under this
subpart serving Native American children, Native Pacific Island
children, and children in the Commonwealth of Puerto Rico may
include activities designed for Native American children and
youth studying Native American languages, except that one
outcome of such programs shall be increased English proficiency
among Native American children. Funds may also be used for
children and youth of limited Spanish proficiency
Section 3107--Evaluations. New section 3107 requires each
grant recipient to conduct an annual evaluation which will
review the progress of the recipient in achieving the
objectives of the program and determine whether the students
being served by the program are meeting the State's student
performance standards.
Section 3108--Construction. New section 3108 provides that
nothing in subpart 1 should be construed to prohibit a local
educational agency from serving limited English proficient
children and youth in the same educational settings with
students who have similar educational needs.
Subpart 2--Research, evaluation, and dissemination
Section 3121--Authority. New section 3121 authorizes the
Secretary to conduct data collection, dissemination, research,
and ongoing program evaluation activities to improve
instruction of children and youth with limited English
proficiency. Such activities are to be carried out through the
Office of Bilingual Education and Minority Language Affairs.
Section 3122--Research. New section 3122 requires the
Secretary to conduct research through the Office of Educational
Research and Improvement in coordination with the Office of
Bilingual Education and Minority Language Affairs. The research
is required to have practical application and may include
research on effective instructional practices and may also
include establishing a common definition of ``limited English
proficient student''. At least 5 percent of the funds must be
used for field-initiated research conducted by grant
recipients.
Section 3123--Academic Excellence Awards. New section 3123
authorizes the Secretary to make grants to State educational
agencies to assist in recognizing local educational agencies
and other public and nonprofit entities whose programs have
demonstrated significant progress in assisting limited English
proficient students to learn English and achieving the content
standards. Each State seeking an grant shall submit an
application.
Section 3124--State Grant Program. New section 3124
authorizes awards to State educational agencies which
demonstrate that they effectively provide for the education of
limited English proficient students through their own or
through other federal education programs. Such awards may not
exceed 5 percent of the total awarded to local educational
agencies in the State under subpart 1, but may not be less than
$200,000. Funds may be used to assist local educational
agencies with program design, student assessment, evaluation,
accountability systems, and data collection. Funds may also be
used to train State educational agency personnel. State
educational agencies receiving awards must provide an annual
report to the Secretary summarizing the use of award funds.
Section 3125--National Clearinghouse for Bilingual
Education. New section 3125 requires the Secretary to establish
and support a national clearinghouse to collect, analyze,
synthesize, and disseminate information about bilingual
education and related programs. Functions of the clearinghouse
include that it is to: be administered as an adjunct
clearinghouse supported by the Office of Educational Research
and Improvement; coordinate with other federal efforts; develop
a monitoring system; disseminate through comprehensive regional
assistance centers a listing of individuals who might be used
as a resource by local educational agencies; and publish an
annual list of grant recipients under subpart 1.
Section 3126--Instructional Materials Development. New
section 3126 authorizes grants for the development,
publication, and dissemination of instructional materials in
Native American and Native Hawaiian languages, in the language
of Native Pacific Islanders and other natives of the outlying
areas, and in other low-incidence languages. Priority is given
to proposals for materials in languages indigenous to the
United States or the outlying areas and for materials
consistent with voluntary national and State content standards.
Subpart 3--Professional development
Section 3131--Purpose. New section 3131 describes the
purpose of this subpart assupporting professional development
and the dissemination of information about appropriate
instructional practices related to the education of limited
English proficient children and youth.
Section 3132--Training for All Teachers Program. New
section 3132 authorizes five-year grants to local educational
agencies or to one or more local educational agencies in a
consortium with one or more State educational agencies,
institutions of higher education, or non-profit organizations
to offer pre-service and in-service professional development
programs for teachers, administrators, and other personnel to
improve their provision of services to limited English
proficient children and youth. Grantees are to use funds to
conduct high-quality, long-term professional development
activities, which may include: developing induction programs;
implementing school-based collaborative efforts; coordinating
activities with other programs; implementing education
technologies to improve instruction; establishing professional
networks; and developing curricular materials.
Section 3133--Bilingual Education Teachers and Personnel
Grants. New section 3133 authorizes five-year grants to
institutions of higher education in consortia with local or
State educational agencies for pre-service and in-service
professional development of teachers and other educational
personnel and for national professional development institutes.
In addition, five-year grants may also be awarded to State and
local educational agencies for in-service professional
development. Priority is given to institutions of higher
education, in consortia with local or State educational
agencies, which prepare new bilingual education teachers.
Section 3134--Bilingual Education Career Ladder Program.
New section 3134 authorizes five-year grants to institutions of
higher education in consortia with local or State educational
agencies (consortia may also include community-based
organizations or professional education organizations) for
bilingual education career ladder programs and for recruitment
of bilingual education teachers. Permissive activities include
development of curricula, stipends and other financial
assistance, and programs to introduce secondary school students
to careers in bilingual education. Special consideration is
provided for applicants which provide for: participant
completion of baccalaureate and master's degree teacher
education programs; teacher proficiency in English as a second
language; coordination with TRIO and other federal programs;
and student financial aid.
Section 3135--Graduate Fellowships in Bilingual Education
Program. New section 3135 authorizes fellowships for masters,
doctoral, and post-doctoral study related to the instruction of
limited English proficient children and youth. Fellowship
recipients must work in an activity related to the education of
limited English proficient children and youth or repay
assistance received. The specifics of the fellowship are to be
set by the Secretary in regulation. Priority may be given to
institutions of higher education that demonstrate experience in
assisting fellowship recipients find employment in bilingual
education.
Section 3136--Application. New section 3136 establishes
general requirements for the receipt of grants under subpart 3.
It deals with consultation, needs assessment, assurances, State
educational agency review of applications, outreach and
technical assistance, and assurance of adequate representation
of Hispanic-serving institutions.
Section 3137--Stipends. New section 3137 authorizes the
Secretary to pay stipends to individuals participating in
subpart 3 training programs.
Section 3138--Program Evaluations. New section 3138
requires subpart 3 grant recipients to evaluate their programs
annually. The evaluations are to include information regarding
the number of participants, the effectiveness of the program,
and the teaching effectiveness of graduates of the program.
Section 3139--Use of Funds for Second Language Competence.
New section 3139 provides that awards under subpart 3 may be
used to develop a participant's competence in a second language
for use in instructional programs.
Part B--Foreign Language Assistance Program
Section 3201--Short Title. New section 3201 provides that
the short title of part B is ``Foreign Language Assistance Act
of 1994''.
Section 3202--Program Authorized. New section 3202
authorizes three-year matching grants to State educational
agencies or local educational agencies for innovative model
programs of foreign language study for elementary and secondary
school students. The federal match is 50 percent, but it may be
waived for a local educational agency which can demonstrate
lack of adequate resources to pay the non-federal share. State
educational agency grants shall be for programs that promote
systemic approaches to improving foreign language learning.
Local educational agency grants must show promise of being
continued beyond the grant period, demonstrate approaches which
can be disseminated, and may include professional development.
At least three-fourths of the funds must be used to expand
foreign language learning in the elementary grades.
Section 3203--Applications. New section 3203 includes
application requirements. The Secretary shall give special
consideration to applications which: include intensive summer
foreign language programs for professional development; promote
two-way language learning; promote the sequential study of a
foreign language; make effective use of technology; promote
innovative activities, such as immersion; and are carried out
through a consortium between the grantee and an elementary or
secondary school.
Section 3204--Elementary School Foreign Language Incentive
Program. New section 3204 authorizes incentive payments to
public elementary schools which provide students with a program
designed to lead to communicative competency in a foreign
language.
Section 3205--Authorization of Appropriations. New section
3205 authorizes appropriations of $35 million for fiscal year
2002 and such sums as may be necessary for each of the 6
succeeding fiscal years, of which no more than $20 million may
be used in each fiscal year to carry out the elementary school
foreign language incentive program.
Part C--Emergency Immigrant Education Program
Section 3301--Purpose. New section 3301 sets out findings
related to the education of immigrant students and states the
purpose of Part C, which is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration in
providing educational services to those students.
Section 3302--State Administrative Costs. New section 3302
permits State educational agencies to reserve up to 1.5 percent
of the amount allocated to them for administrative costs. State
educational agencies may reserve up to 2 percent if they
distribute funds to local educational agencies competitively.
Section 3303--Withholding. New section 3303 permits the
Secretary to withhold Part C funds from a State educational
agency if, after notice and opportunity for a hearing, the
Secretary determines that the State educational agency has
failed to meet the requirements of Part C. The Secretary may
also require that the State educational agency not make further
payments to specified local educational agencies whose actions
are involved with the failure to meet these requirements.
Section 3304--State Allocations. New section 3304
establishes the allocation of Part C funds to State educational
agencies. Each participating State receives an allocation equal
to the State's proportion the number of immigrant students
relative to the total number of immigrant students in all
States participating in the program. Immigrant student counts
are determined on a local educational agency basis, with
eligible local educational agencies being those which have at
least 500 immigrant students or 3 percent of total enrollment
comprised of such students--whichever is less. If Part C
funding exceeds $50 million, a State educational agency may
reserve up to 20 percent of its payment to award competitive
grants to local educational agencies--at least half of which
must go to the local educational agencies with the highest
numbers and percentages of immigrant students. The remaining
competitive grant funds may be awarded either to the local
educational agencies described above or to local educational
agencies with a sudden influx of immigrant children which would
otherwise not be eligible for assistance under Part C.
Section 3305--State Applications. New section 3305 provides
that State educational agencies must apply for funds and sets
out assurances which must be included in the application,
including an assurance that funds not distributed by
competitive grant will be provided to local educational
agencies on the basis of their immigrant student count and an
assurance that immigrant students attending nonpublic schools
are served. The application must be approved by the Secretary.
Section 3306--Administrative Provisions. New section 3306
provides that the Secretary must notify a State educational
agency regarding the amount of its allocation for the
succeeding year no later than June 1 each year. If a local
educational agency is prohibited from, has substantially failed
or is unwilling to provide educational services for children
enrolled in nonpublic schools, the Secretary must arrange for
the provision of services to such children. Waivers of the
local educational agency's requirements to offer these services
are subject to consultation, withholding, notice, and judicial
review requirements in accordance with the provisions of title
I.
Section 3307--Uses of Funds. New section 3307 sets out a
number of permissive uses of funds, the purpose of which is to
enhance instructional opportunities for immigrant students. A
local educational agency may form a consortia with one or more
local educational agencies, institutions of higher education,
and nonprofit organizations and may also make subgrants.
Section 3308--Reports. New section 3308 requires State
educational agencies to report every 2 years to the Secretary
concerning the expenditure of funds by local educational
agencies under this part. Each local educational agency
receiving funds under this part shall submit to the State
educational agency such information as may be necessary for
such report. The Secretary shall submit, once every 2 years, a
report to the appropriate committees of the Congress concerning
programs assisted under Part C.
Section 3309--Authorization of Appropriations. New section
3309 authorizes appropriations of $200 million for fiscal year
2002 and such sums as may be necessary for each of the 6
succeeding fiscal years.
Part D--Administration
Section 3401--Release Time. New section 3410 requires the
Secretary to allow professional development programs funded
under part A to use such funds for professional release time to
enable individuals to participate in programs assisted under
the subpart.
Section 3402--Education Technology. New section 3402
provides that funds made available under part A may be used to
provide for the acquisition or development of education
technology or instructional materials, including authentic
materials in languages other than English, access to and
participation in electronic networks for materials, training
and communications, and incorporation of such resources in
curricula and programs such as those funded under title III.
Section 3403--Notification. New section 3403 provides that
the State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within
three working days of the date an award under part A is made to
an eligible entity within the State.
Section 3404--Continued Eligibility. New section 3404
provides that entities receiving grants under this title shall
remain eligible for grants for subsequent activities which
extend or expand and do not duplicate those activities
supported by a previous grant under this title. In considering
applications for grants under this title, the Secretary shall
take into consideration the applicant's record of
accomplishments under previous grants under this title.
Section 3405--Coordination and Reporting Requirements. New
section 3405 requiresthe Secretary to coordinate with other
programs serving limited English proficient children and youth
administered by the Department and by other agencies, to assure
that data collected by the Department include data on limited
English proficient children and youth (to the extent feasible),
publish and disseminate all requests for proposals for subpart
1 programs. In addition, the Director of the Office of
Bilingual Education and Minority Language Affairs shall report
to the Secretary and House and Senate authorizing committees
every other year on activities related to this title.
Part E--General provisions
Section 3501--Definitions; Regulations. New section 3501
provides definitions for the terms ``bilingual education
program,'' ``children and youth,'' ``community-based
organization,'' ``community college,'' ``director,'' ``family
education program,'' ``immigrant children and youth,''
``limited English proficiency and limited English proficient,''
``Native American and Native American language,'' ``Native
Hawaiian or Native American Pacific Islander native language
educational organization,'' ``native language,'' ``office,''
``other programs for persons of limited English proficiency,''
``paraprofessional,'' and ``special alternative instructional
program.''
Section 3502--Regulations and Notification. New section
3502 requires the Secretary to consult with State educational
agencies, local educational agencies, and groups involved in
bilingual education in developing title III regulations. It
also includes provisions for parental notification of items
related to the program and for the option to decline enrollment
of their children in bilingual education programs. Parents are
also to receive this information in a manner and form
understandable to them.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Section 401--Amendment to the Elementary and Secondary
Education Act of 1965. This section amends title IV and inserts
the following:
Part A--State grants
The new part A renames title IV, part A as ``State
Grants.''
Provisions of title IV, part A include:
Section 4001--Short Title. This section specifies that part
A may be cited as the ``Safe and Drug-Free Schools and
Communities Act of 1994.''
Section 4002--Findings. This section provides new
congressional findings regarding this part, including: (1)
every student should attend a school in a drug- and violence-
free learning environment; (2) the widespread illegal use of
alcohol and drugs among the Nation's secondary school students,
and increasingly by students in elementary schools, constitutes
a grave threat to such students' physical and mental well-
being, and significantly impedes the learning process; (3) drug
and violence prevention programs are essential components of a
comprehensive strategy to promote school safety, youth
development, positive school outcomes, and to reduce the demand
for and illegal use of alcohol, tobacco and drugs throughout
the Nation; (4) drug and violence prevention programs are most
effective when implemented within a research-based, drug and
violence prevention framework of proven effectiveness; (5)
research clearly shows that community contexts contribute to
substance abuse and violence; (6) substance abuse and violence
are intricately related and must be dealt with in a holistic
manner; and (7) research has documented that parental behavior
and environment directly influence a child's inclination to use
alcohol, tobacco or drugs.
Section 4003--Purpose. This section states the purpose of
Part A which is to support programs that prevent violence in
and around schools and prevent the illegal use of alcohol,
tobacco, and drugs; involve parents; and are coordinated with
related Federal, State, school, and community efforts and
resources.
Section 4004--Funding. This section authorizes specific
funding levels for fiscal year 2002 and such sums as may be
necessary for the 6 succeeding fiscal years for the following
programs: $700 million for the State Grants program under
subpart 1; $150 million for the National Programs under subpart
2; and $75 million for the National Coordinator Initiative
under section 4122. In addition, this section authorizes $5
million in each of fiscal years 2002 through 2004 to carry out
the ``Grants to Combat the Impact of Experiencing or Witnessing
Domestic Violence on Elementary and Secondary School Children''
authorized in section 4125.
Subpart 1--State grants for drug and violence prevention
programs
Section 4111--Reservations and Allotments. This section
requires the Secretary to: reserve 1 percent of the amount made
available under section 4004(1) for Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands; reserve 1 percent of the same amount for the Secretary
of the Interior to carry out programs under this part for
Indian youth; reserve not more than $2 million for the National
impact evaluation required by section 4117(a); and reserve 0.2
percent of above amount for programs for Native Hawaiians under
section 4118.
Section 4112--State Applications. This section requires
States seeking an allotment to submit an application to the
Secretary including: a comprehensive plan for the use of funds
under the Governor's program and the State Department of
Education's program; a needs assessment and results of ongoing
State evaluation activities; assurances that stakeholders were
consulted; measurable goals; a description of how the funds
will be spent; a description of how the State will receive
input from parents; and a comprehensive plan for using and
monitoring the funds received under title IV. The State plan
shall also include a comprehensive plan for the Governor's
program by the chief executive officer.
Section 4113--State and Local Educational Agency Programs.
This section reserves 80 percent of the funds made available to
States to be used for State support and grants to local
educational agencies for drug and violence prevention
activities. State and local programs must implement activities
that are research-based initiatives, and States are required to
implement auniform management and information reporting system
so that expenditures of these funds can be clearly tracked. A
State educational agency may use up to 5 percent of available
funds for technical assistance and 5 percent for the
administrative costs of carrying out responsibilities.
State educational agencies may choose between the following
two options for allocating remaining funds to local educational
agencies: (1) at least 70 percent to schools based on
enrollment and up to 30 percent allocated at the State's
discretion or to schools the State determines to have the
greatest need; or (2) up to 70 percent on a competitive basis
to those schools with the greatest need, and 30 percent to
those schools the State determines require additional help to
run a program but which might not meet the ``greatest need''
criteria. These options would allow States to choose and define
a competitive or baseline minimum grant system and still allow
them to help those schools that could not compete under that
system.
Section 4114--Governor's Programs. This section reserves 20
percent of a State's allocation for Governors' programs, of
which not less than 95 percent of the funds must be used for
research-based substance abuse/violence reduction through a
broad range of activities. Governors are authorized to add
their money directly to the funds being sent to schools and
communities to serve out-of-school youth and to undertake
community mobilization activities related to substance abuse
and violence.
Section 4115--Local Applications. This section states that
in order to be eligible for a distribution under section
4113(d), a local educational agency must submit an application
to the State educational agency. The application shall: include
a needs assessment; set measurable goals and objectives;
utilize effective research-based programs; ensure participation
of community groups; and include a program evaluation.
Section 4116--Local Drug and Violence Prevention Programs.
This section requires local educational agencies to use funds
received under subpart 1 to adopt and carry out a comprehensive
drug and violence prevention program. The program shall be
designed for all students and school employees in order to
prevent the use, possession, and distribution of tobacco,
alcohol, and illegal drugs; prevent violence and promote school
safety; and create a disciplined environment conducive to
learning. The program must also include activities to promote
the involvement of parents and coordination with community
groups and agencies.
Section 4117--Evaluations and Reporting. This section
requires the Secretary of Education to consult with the newly
created National Advisory Committee to conduct an independent
biennial evaluation of the impact of programs assisted under
subpart 1 and on other recent and new initiatives to combat
violence in schools. The evaluation shall determine whether
funded programs conform to the principles of effectiveness;
target research-based programs such as risk factors and/or
protective factors/buffers or assets; reduce drug use, school
violence, and the presence of firearms at schools; and have
conducted effective parental involvement and voluntary training
activities. The Department of Education, States, and the
Governors are required to implement program and financial
monitoring. Every 2 years, States shall provide the Secretary
with a report detailing the implementation and outcomes of the
State's and local educational agencies programs and their
effectiveness, the State's progress toward attaining its goals
for drug and violence prevention, and the State's efforts to
inform parents of, and include parents in, violence and drug
prevention efforts. In addition, local educational agencies are
required to provide State educational agencies with the
information they may need to complete the State reports.
Section 4118--Programs for Native Hawaiians. This section
authorizes the Secretary to provide grants to or enter into
cooperative agreements with organizations that serve and
represent Native Hawaiians in order to plan, conduct, and
administer programs that are authorized by and consistent with
the provisions of title IV for the benefit of Native Hawaiians.
For the purposes of this section, Native Hawaiians are those
individuals whose ancestors were natives, prior to 1778, of the
area which now comprises the State of Hawaii.
Subpart 2--National programs
Section 4121--Federal Activities. This section authorizes
the Secretary, in consultation with the Secretary of Health and
Human Services, the Director of the Office of National Drug
Control Policy, and the Attorney General, to carry out programs
to prevent the illegal use of drugs and violence among
students, and to promote safety and discipline for students.
The Secretary may carry out programs directly or award grants
to public and private nonprofit organizations and individuals
for a variety of activities designed to prevent the illegal use
of drugs and violence among students from pre-school through
the postsecondary level.
Section 4122--National Coordinator Program. This section
states that the Secretary shall provide for the establishment
of a National Coordinator Program under which grants are
awarded to local educational agencies for the hiring of drug
prevention and school safety program coordinators. Coordinators
shall be responsible for developing, conducting, and analyzing
assessments of drug and crime problems at their schools, and
administering the safe and drug free grant program.
Section 4123--Safe and Drug Free Schools and Communities
Advisory Committee. This section creates a Safe and Drug Free
Schools and Communities Advisory Committee. The Advisory
Committee shall: coordinate Federal drug and violence
prevention programs; develop core data sets and evaluation
programs; provide technical assistance and training; provide
for the diffusion of research-based programs; and review other
regulations and standards developed under this title. The
committee will include representatives from the Department of
Education, the Centers for Disease Control and Prevention, the
National Institute on Drug Abuse, the National Institute on
Alcoholism and Alcohol Abuse, the Center for Substance Abuse
Prevention, the Center for Mental Health Services, the Office
of Juvenile Justice and Delinquency Prevention, the Office of
National Drug Control Policy, and the State and local
government education agency representatives. The Advisory
Committee shall annually consult with State and local
coordinators of school and community-based substance abuse and
violence prevention programs and other interested groups.
Section 4124--Hate Crime Prevention. This section
authorizes the Secretary to makegrants to local educational
agencies and community-based organizations for the purpose of
providing assistance to localities most directly affected by
hate crimes. Grants may be used to: (1) develop education and
training programs designed to prevent and reduce the incidences
of crimes motivated by hate; (2) develop curriculum to improve
conflict or dispute resolution skills of students, teachers and
administrators; (3) develop equipment and instructional
materials to meet the needs of hate crime or conflict programs;
and (4) provide professional training and development for
teachers and administrators on the causes, effects, and
resolutions of hate crimes.
Section 4124(b) requires local educational agencies seeking
a grant under this section to submit an application to the
Secretary that includes a request for funds, a description of
the schools and communities to be served by the grants, and an
assurance that the Federal funds will be used to supplement and
not supplant non-Federal funds. Applications shall also include
a comprehensive plan describing the hate crime problems within
the school or community and a description of the program to be
developed or augmented by Federal funds.
Section 4124(c) requires the Secretary, in awarding grants,
to consider the incidence of crimes in the community and should
attempt to achieve an equitable geographic distribution. If
possible, the Secretary shall make available information
regarding successful hate crime prevention programs.
Section 4124(d) provides that, every 2 years, the Secretary
shall submit a report to Congress describing the grants and
awards, the activities of grant recipients, and an evaluation
of programs established by this section.
Section 4125. Grants to Combat the Impact of Experiencing
or Witnessing Domestic Violence on Elementary and Secondary
School Children. This section authorizes the Secretary to award
competitive grants and contracts to elementary and secondary
schools that work with experts to support training,
programming, support services, and policies relating to
children experiencing or witnessing domestic violence. The
confidentiality of the victim and the victim's family must be
maintained. The section includes definitions of ``domestic
violence,'' ``experts,'' ``witness domestic violence,'' and
``witness.''
Subpart 3--General provisions
Section 4131--Definitions. This section provides the
meanings of certain terms used in this part, including,
``community-based organization,'' ``drug and violence
prevention,'' ``hate crime,'' ``nonprofit,'' ``objectively
measurable goals,'' ``protective factor, buffer, or asset,''
``risk factor,'' ``school-aged population,'' and ``school
personnel.''
Section 4132--Materials. This section states that drug
prevention programs supported under part A should convey a
message that the use of drugs and alcohol is illegal and
harmful. In addition, the Secretary may not prescribe the use
of specific curriculum for programs supported under this part,
but may evaluate the effectiveness of the curriculum.
Section 4133--Prohibited Uses of Funds. This section
prohibits the use of funds under part A for construction and
medical services, drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who are
victims or witnesses to crime or who use alcohol or drugs.
Section 4134--Quality Rating. This section encourages
States to establish a standard of quality for drug and alcohol
prevention programs implemented in elementary and secondary
schools and to identify and designate a school that achieves
such standard as a quality program school. The standard shall
address: a comparison of the rate of illegal use of drugs and
alcohol by students; the rate of suspensions or expulsions of
students for offenses; the effectiveness of the prevention
programs; the involvement of parents and community members in
the design of prevention programs; and the extent of review of
existing community prevention programs before implementation of
the public school program. Schools wishing to receive a quality
school program designation shall submit a request to the State
and the State shall create a list of the designated schools for
the public.
Section 402--Gun-Free Requirements. This section amends
title IV by adding the following:
Part B--Gun possession
Part B retains current law with respect to ``Gun
Possession'' as follows:
Section 4201--Gun-Free Requirements. This section specifies
that this part may be cited as the ``Gun-Free Schools Act of
1994.'' Part B requires States receiving Federal funds under
this act to have a State law requiring local educational
agencies to expel from school for at least 1 year any student
who brings a weapon to school. This part should not prevent a
local educational agency that has expelled a student from the
student's regular school setting from providing educational
services to the student in an alternative setting. Local
educational agencies seeking assistance from State educational
agencies, shall provide to the State an assurance that such
local educational agency is in compliance with the State law
and a description of the circumstances surrounding any
expulsions imposed under the State law. States shall report
this information to the Secretary on an annual basis.
Section 4202--Policy Regarding Criminal Justice System
Referral. This section states that no funds under part B shall
be made available to a local educational agency unless the
agency has a policy requiring referral to the criminal justice
or juvenile delinquency system of any student who brings a
firearm or weapon to a school served by the agency.
Section 403. School Safety and Violence Prevention. Section
403 adds a new Part C,entitled ``School Safety and Violence
Prevention'', to title IV, as follows:
Part C--School safety and violence prevention
Section 4301--School Safety and Violence Prevention. This
section states that Federal funds under title IV and subpart 4
of title V of this act may be used for: training school
personnel to identify potential threats; training community
members and school personnel to identify troubled youth;
delinquency and violence prevention programs; comprehensive
school security assessments; purchase of metal detectors,
locks, and surveillance cameras; collaborative efforts with
community-based organizations to reduce violence; assistance in
establishing school uniform policies; school resource officers;
and other innovative programs to reduce school violence.
Section 4302--School Uniforms. This section states that
nothing in this act should be construed to prohibit schools
from establishing a school uniform policy. Funds under title IV
and subpart 4 of title V may be used to establish a school
uniform policy.
Section 4303--Transfer of School Disciplinary Records. This
section requires States receiving Federal funds under this act
to assure the Secretary that the State has a procedure in place
by which local educational agencies must transfer the
suspension and expulsion records of any student to any private
or public elementary or secondary school in which that student
seeks enrollment. This requirement does not apply to private
schools. This section also amends the National Child Protection
Act of 1993 to specify that individuals who are employed, or
seek employment, with schools are included in the provisions of
that act relating to background checks.
Section 404--Environmental Tobacco Smoke. Section 403 adds
a new Part D, entitled ``Environmental Tobacco Smoke'', to
title IV, as follows:
Part D--Environmental tobacco smoke
Section 4401--Short Title. This section specifies that this
part may be cited as the ``Pro-Children Act of 2000.''
Section 4402--Definitions. This section provides the
meanings of certain terms used in part D, including:
``children,'' ``children's services,'' ``indoor facility,''
``person,'' and ``Secretary.''
Section 4403--Nonsmoking Policy for Children's Services.
This section prohibits smoking within any indoor facility owned
or leased or contracted for, and utilized for the provision of
regular or routine kindergarten, elementary or secondary
education or library services to children; or regular or
routine health care or day care or early childhood development
(Head Start services). Any portion of a facility that is used
for inpatient hospital treatment of individuals dependent on,
or addicted to drugs or alcohol and private residences are
exempt from the provision. The prohibitions shall be published
in the Federal Register by the Secretary. Such prohibitions
shall be effective 90 days after such notice is published or
270 days after the enactment of this act, whichever occurs
first. Failure to comply with a prohibition shall be considered
a violation of this act and a civil penalty in an amount not to
exceed $1,000 shall be charged. A civil penalty may be assessed
in a written notice, or an administrative compliance order may
be issued.
Section 4404--Preemption. This section states that nothing
in this part is intended to preempt a provision of a State law
or a political subdivision of a State that is more restrictive
than a provision in this part.
Section 501--Public School Choice and Flexibility. This
section renames title V of Elementary and Secondary Education
Act of 1965 ``Public School Choice and Flexibility'' and amends
the title to read as follows:
TITLE V--PUBLIC SCHOOL CHOICE AND FLEXIBILITY
Part A--Public school choice
Subpart 1--Charter schools
This subpart maintains current law provisions dealing with
charter schools, transferring the provisions from part C of
title X of the act to subpart 1 of part A of title V and making
minor drafting changes for purposes of clarification and
consistency.
Section 5111. Purpose. New section 5111 maintains the
current law purpose relating to charter schools.
Section 5112. Program Authorized. New section 5112
maintains current law provisions authorizing grants to State
educational agencies to conduct a charter school grant program.
The section also provides for the awarding of grants to
eligible applicants in cases where the State educational agency
elects not to participate in or does not have an application
approved under this program.
Section 5113. Applications. New section 5113 maintains
current law provisions outlining the content of grant
applications submitted under this subpart.
Section 5114. Administration. New section 5114 maintains
current law provisions describing the selection criteria to be
used by the Secretary in awarding grants and the use of subpart
1 funds.
Section 5115. National Activities. New section 5115
maintains current law provisions requiring the Secretary to
reserve funds to carry out national information, study,
evaluation, datagathering, and dissemination activities.
Section 5116. Federal Formula Allocation During First Year
and For Successive Enrollment Expansions. New section 5116
maintains current law provisions dealing with the allocation of
title I funds to a charter school within 5 months after the
charter school opens and to a charter school that first opens
after November 1 of any academic year.
Section 5117. Solicitation of Input from Charter School
Operators. New section 5117 maintains current law provisions
regarding the consultation with individuals directly involved
in the operation of charter schools in the development of rules
and regulations for this subpart or for any other Federal
program involving charter schools.
Section 5118. Records Transfer. New section 5118 maintains
current law provisions dealing with the transfer of student
records to a charter school.
Section 5119. Paperwork Reduction. New section 5119
maintains current law provisions stating that implementation of
this subpart should result in a minimum amount of paperwork for
eligible applicants and charter schools.
Section 5120. Definitions. New section 5120 maintains
current law provisions defining the terms ``charter school,''
``developer,'' ``eligible applicant,'' and ``authorized public
chartering agency.''
Section 5121. Authorization of Appropriations. This section
authorizes $190 million in funding for fiscal year 2002 and
such sums as may be necessary for each of the 6 succeeding
fiscal years.
Subpart 2--Magnet schools assistance
Section 5131--Findings and Statement of Purpose. This
section provides congressional findings and the purpose of this
part which is to assist in the desegregation of schools served
by local educational agencies by providing financial assistance
to: (1) eliminate, reduce, or prevent minority group isolation;
(2) promote systemic reform efforts; (3) develop innovative
educational methods and practices; (4) develop courses of
instruction which strengthen knowledge of academic subjects and
marketable skills; (5) improve capacity of magnet schools to
operate after Federal funding is terminated; and (6) ensure
that magnet schools students have equitable access to the
education necessary to succeed.
Section 5132--Program Authorized. This section authorizes
the Secretary to make grants to local educational agencies for
magnet schools.
Section 5133--Definition. This section defines the term
``magnet school.''
Section 5134--Eligibility. This section defines eligibility
standards for the receipt of magnet school grants.
Section 5135--Applications and Requirements. This section
requires a local educational agency seeking assistance under
this part to submit an application to the Secretary. This
section also includes a description of the requirements of the
application.
Section 5135(b)(2)(E) amends current law to provide
equitable consideration for students in the local attendance
area, consistent with desegregation guidelines and the capacity
of the program to accommodate these students. Other provisions
of current law are maintained.
Section 5136--Priority. This section provides guidelines
for the prioritization of applicants by the Secretary. This
section amends current law by giving priority to applicants
that propose activities to build local capacity to operate the
program once Federal assistance has ended. Other provisions of
current law are maintained.
Section 5137--Use of Funds. This section specifies the
allowable uses of grant funds. This new section amends current
law to: allow grant recipients to use funds for professional
development in order to facilitate self-sufficiency after
Federal assistance has ended; offer the flexibility of a magnet
school program in order to serve local students not enrolled in
a magnet school program; and enable the local educational
agency to have flexibility in designing magnet schools for
students of all grades. Other provisions of current law are
maintained.
Section 5138--Prohibition. This section prohibits the use
of funds for transportation or any activity that does not
augment academic improvement.
Section 5139--Limitations. This section provides for the
duration of awards, limits on planning funds, and amount and
timing of awards. This section increases the percentage of
funds which may be expended for planning in the second and
third years to 25 and 15 percent respectively. This section
also clarifies that professional development is not planning.
Section 5140--Innovative Programs. This section authorizes
the Secretary to award grants to local educational agencies to
conduct innovative programs that involve strategies other than
magnet schools to achieve desegregation goals and assist
students in meeting State and local standards. This section
amends provisions of current law to update references. Other
provisions of current law are maintained.
Section 5141--Evaluations. This section provides guidelines
for evaluations of projects under this part and for technical
assistance for grant recipients. This new section amends
current law to provide that evaluations shall address how
magnet school programs will continue once assistance under this
part has ended. This section also amends current law to require
the Secretary to collect and disseminate information to the
public on successful magnet schoolprograms. Finally, this
section amends provisions of current law to update references.
Other provisions of current law are maintained.
Section 5142--Authorization of Appropriations; Reservation.
This section authorizes a funding level of $125 million for
fiscal year 2002 and such sums as may be necessary for the 6
succeeding fiscal years. Other provisions of current law are
maintained.
Subpart 3--Public school choice
Section 5151--Public School Choice. This section allocates
funds to States, which are to allocate all these funds to local
educational agencies to carry out school improvement
activities. Each local educational agency receiving funds under
this subpart or under part A of title I, with the exception of
local educational agencies located in a States which receives a
minimum grant, must provide all students enrolled in a school
identified for school improvement with the option to transfer
to another public school within the agency that has not been
identified for school improvement. An exception is provided in
cases where the option to transfer is prohibited by State or
local law. If a local educational agency can demonstrate to the
State educational agency that it lacks the capacity to provide
all students with the option to transfer, the agency must
permit as many students as possible--selected on an equitable
basis--to transfer. A funding level of $225 million for fiscal
year 2002 and such sums as may be necessary in each of the 6
succeeding fiscal years is authorized for this section.
Part B--Flexibility
Subpart 1--Education flexibility partnerships
Section 5201--Short Title. Section 5201 cites subpart 1 of
part B as the ``Education Flexibility Partnership Act of
2001''.
Section 5202--Definitions. Section 5202 defines ``eligible
school attendance area,'' ``school attendance area,'' and
``State.'' These definitions apply to subpart 1 of part B.
Section 5203--Education Flexibility Partnership. Section
5203(a) establishes the Educational Flexibility (Ed-Flex)
Program.
Section 5203(b) describes the programs that are included
under Ed-Flex.
Section 5203(c) describes waivers that are not authorized
under Ed-Flex.
Section 5203(d) describes the treatment of existing Ed-Flex
Partnership States.
Section 5203(e) requires the Secretary to publish a notice
in the Federal Register which describes the Secretary's
decision to authorize State educational agencies to issue
waivers.
Subpart 2--Rural Education Initiative Program
New section 5221--Short Title. This section provides that
subpart 2 of title V may be cited as the ``Rural Education
Achievement Program.''
New section 5222--Purpose. This section states the purpose
of the subpart is to address the unique needs of rural school
districts which frequently lack the personnel and resources
needed to compete for Federal competitive grants and frequently
receive formula allocations in amounts too small to be
effective in meeting their intended purposes.
New section 5223--Authorization of Appropriations. This
section authorizes $300 million for fiscal year 2002, of which
$125 million shall first be made available to carry out chapter
1, and such sums as may be necessary for each of the 6
succeeding fiscal years
Chapter 1--Small, Rural School Achievement Program
New section 5231--Formula Grant Program Authorized. This
section authorizes rural educational agencies with an average
daily attendance of 600 students or fewer to consolidate the
funds they receive under Titles II, IV, and V of the Elementary
and Secondary Education Act. These funds may be used to improve
student achievement in accordance with the provisions of
sections 1114, 1115, 1116, 2123, or 4116.
New section 5232--Competitive Grant Program Authorized.
This section authorizes the Secretary to award grants to small
rural educational agencies to carry out innovative assistance
activities. The grant will be equal to $100 multiplied by the
total number of students in excess of 50 students that are in
average daily attendance. No grant may be less than $20,000 or
more than $60,000.
New section 5233--Accountability. This section requires
that each participating educational agency must administer an
assessment, consistent with the assessment used pursuant to
section 1111(b) of the Elementary and Secondary Education Act,
to assess the academic achievement of students in schools
served by the local educational agency. At the end of 3 years
of participation in this program, the state educational agency
shall determine whether students served by the participating
local educational agency have improved their performance on the
assessments. If student achievement has not improved, the local
educational agency may no longer participate in the program.
New section 5234--Ratable Reductions in Case of
Insufficient Appropriations. This section provides for ratable
reductions in case of insufficient appropriations.
Chapter 2--Low-Income and Rural School Program
New section 5241--Definitions. This section provides
definitions of ``poverty line'' and``specially qualified
agency'' for use in chapter 2 of title V which provides funding
for the Low-Income and Rural School Program.
New section 5242--Program Authorized. This section
authorizes the Secretary of Education to make grants to state
educational agencies that are located in rural communities and
that have student populations of which 20 percent or more come
from families with incomes below the poverty line.
New section 5243--State Distribution of Funds. This section
describes the authorized uses of funds and provides that the
State educational agency may distribute funds to local
educational agencies on a competitive basis or on the basis of
a formula based on the number of students in average daily
attendance at the eligible local educational agency.
New section 5244--Applications. This section requires each
State educational agency or local educational agency in a non-
participating State to submit an application to the Secretary
of Education. The application shall, at a minimum, include
measurable goals and objectives, including specific goals and
objectives relating to increased student academic achievement,
decreased student drop out rates, or other factors.
New section 5245--Accountability. This section requires
each State educational agency to prepare and submit to the
Secretary an annual report that describes the method that funds
were distributed to local educational agencies, how the funds
were used by these agencies, and the degree to which the State
made progress toward meeting the goals and objectives described
in the application. The section also provides that a
participating local educational agency that receives a grant
under this subpart may not continue to participate if after 3
years it has not improved student academic achievement.
New section 5246--Supplement Not Supplant. This section
provides that funds shall be used to supplement and not
supplant other Federal, State, or local education funds.
New section 5247--Special Rule. This section provides that
no local educational agency may concurrently participate in
both chapter 1 and chapter 2.
Subpart 3--Waivers
Section 5251--Waivers of Statutory and Regulatory
Requirements. Section 5251(a) gives the Secretary waiver
authority.
Section 5251(b) describes the waiver process. A State
educational agency, local educational agency, or Indian tribe
seeking a waiver will submit a waiver request to the Secretary
that identifies the Federal programs affected by the waiver,
describes which Federal requirements are to be waived and how
the waiving will improve quality of instruction or improve
student academic performance, (if applicable) describes which
similar State and local requirements will be waived, describes
specific outcomes for all students, and describes how schools
will continue to provide assistance to the same populations
served by programs for which waivers are requested.
Section 5251(c) specifies that the Secretary shall not
waive certain statutory or regulatory requirements that pertain
to the following: allocation of funds to States, local
educational agencies, or other recipients; maintenance of
effort; comparability of services; use of Federal funds to
supplement (not supplant) non-Federal funds; equitable
participation of private school students and teachers; parental
participation and involvement; applicable civil rights
requirements; charter school requirements; prohibitions
regarding State aid or use of funds for religious worship or
instruction; or the selection of a school attendance area or
school under subsections (a) and (b) of section 1113 (except
that the Secretary may grant a waiver to allow a school
attendance area or school to participate in activities under
part A of title I if the percentage of children from low-income
families in the school attendance area of such school or who
attend such school is not less than 10 percentage points below
the lowest percentage of such children for any school
attendance area or school within the local educational agency
that meets the requirements of subsections (a) and (b) of title
1).
Section 5251(d) establishes that an approved waiver under
this section may be for 3 years. The Secretary may extend the
period of time for the waiver if the Secretary determines that
the waiver has been effective and the waiver is in the public
interest.
Section 5251(e) requires a local educational agency that
receives a waiver under this section to submit a report to the
State educational agency at the end of the second year and each
subsequent year for which a waiver is received. This section
also requires a State educational agency that receives local
educational reports to submit a report to the Secretary. In
addition, the Secretary is also required to submit a report to
the House and Senate education committees summarizing the use
of waivers and whether the waivers increased the quality of
instruction or student academic performance.
Section 5251(f) authorizes the Secretary to terminate a
waiver if the Secretary determines that the waiver has been
inadequate or if the waiver is no longer necessary to achieve
its original purposes.
Section 5251(g) requires that a notice of the Secretary's
decision to grant each waiver will be published in the Federal
Register.
Subpart 4--Innovative education program strategies
Section 5301--Purpose; State and Local Responsibility.
Section 5301(a) lists the purposes of subpart 4 which are: to
support local and state education reform efforts; to provide a
continuing source of innovation and educational improvement,
including support for library services and instructional and
media materials; and to develop education programs to
improveschool, student, and teacher performance including
professional development and class size reduction programs.
Section 5301(b) specifies that the administration of these
funds are the responsibility of the State educational agencies
and the responsibility for design and implementation of the
programs rests primarily with local educational agencies.
Section 5302--Authorization of Appropriations; Duration of
Assistance. Section 5302(a) authorizes $850 million for fiscal
year 2002 and such sums as may be necessary for each of the 6
succeeding fiscal years.
Section 5302(b) authorizes the Secretary to make payments
to State educational agencies in accordance with the purposes
described under section 5301(a).
Section 5303--Definition of Effective Schools Program.
Section 5303 describes an effective schools program as:
promoting school-level planning; instructional improvement; and
staff development for all personnel; and increasing academic
performance for all children.
Chapter 1--State and local programs
Section 5311--Allotment to States. Section 5311(a)
specifies the percentage of funds reserved for the outlying
areas for subpart 4 activities.
Section 5311(b) establishes the State allotment formula.
Section 5311(c) defines ``school-age population'' and
``State'' as they apply to State allotment.
Section 5312--Allocation to Local Educational Agencies.
Section 5312(a) describes the allocation of funds to local
educational agencies.
Section 5312(b) describes the calculation of enrollments.
Section 5312(c) specifies the distribution of funds from
the State educational agency to the local educational agency.
Chapter 2--State programs
Section 5321--State Uses of Funds. Section 5321(a)
authorizes the State educational agency activities which
include: State administration; support for planning and
implementing charter schools; support for designing and
implementing student assessments; support for State and local
standards implementation; and technical assistance.
Section 5321(b) specifies the amount of funds available for
State administration.
Section 5322--State Applications. Section 5322(a) specifies
the State application requirements.
Section 5322(b) specifies that the State application is for
a period of 3 years and may be amended annually.
Section 5322(c) specifies that a local educational agency
that receives less than an average of $10,000 under this part,
for 3 years will not be audited more than once every 5 years.
Chapter 3--Local innovative educational programs
Section 5331--Targeted Use of Funds. Section 5331(a)
establishes that local educational agencies shall use the funds
awarded under chapter 1 for innovative assistance.
Section 5331(b) describes an array of activities, programs,
and initiatives that may be used for innovative assistance.
These include: programs for the acquisition of instructional
and educational materials (such as library services, media
materials, and assessments); professional development programs;
activities designed to advance student performance; parental
involvement initiatives; programs to reduce class size;
programs to improve academic performance of educationally
disadvantaged students; expansion of best practice models;
literacy programs; technology activities; school improvement
programs; activities for gifted and talented students; programs
to provide same gender schools or classrooms; service learning
programs; and school safety programs. All activities shall be:
tied to promoting high academic standards; used to improve
student performance; and part of an overall education reform
strategy.
Section 5332--Administrative Authority. Section 5332 allows
a State educational agency or a local educational agency to
enter into grants or contracts with higher education
institutions, libraries, museums, and public and private
nonprofit entities.
Section 5333--Local Application. Section 5333(a) specifies
the contents of a local educational agency application.
Section 5333(b) specifies that the local educational agency
application shall be for a period of 3 years and may be amended
annually.
Section 5333(c) gives the local educational agency complete
discretion in determining how funds are expended at the local
level.
Chapter 4--General administrative provisions
Section 5341--Maintenance of Effort; Federal Funds
Supplementary. Section 5341(a) describes maintenance of effort
requirements.
Section 5341(b) specifies that a State or local educational
agency may only use funds received under this subpart to
supplement (not supplant) other funding sources.
Section 5342--Participation of Children Enrolled in Private
Schools. Section 5342(a) specifies that State education
agencies shall provide benefit for children enrolled in private
schools with programs or projects under this subpart.
Section 5342(b) describes expenditures of funds under this
subpart for children enrolled in private schools.
Section 5342(c) requires that the funds provided under this
subpart must be controlled by a public agency and that public
agency employees must provide the services.
Sections 5342(d) through (i) describes the arrangement for
provision of services to private school children if a State or
local educational agency, through either State or local law, is
prohibited from providing services.
Section 5343--Federal Administration. Section 5343(a)
requires the Secretary, upon request, to provide technical
assistance to State and local educational agencies.
Section 5343(b) gives the Secretary authority to issue
regulations.
Section 5343(c) requires that funds become available on
July 1 of each fiscal year.
Part C--Flexibility in the use of administrative and other funds
Section 5401--Consolidation of State Administrative Funds
for Elementary and Secondary Education Programs. Section
5401(a) establishes the process for a State educational agency
to consolidate administrative funds if the State educational
agency chooses the consolidation process.
Section 5401(b) establishes that a State educational agency
may use consolidated administrative funds for activities that:
strengthen coordination of programs; disseminate model programs
and practices; and provide technical assistance.
Section 5401(c) provides for consolidated recordkeeping for
State educational agencies that consolidate administrative
funds.
Section 5401(d) requires the Secretary to review State
educational agencies that consolidate administrative funds.
Section 5401(e) enables a State educational agency that
does not use all of its administrative funds to use those
remaining funds for program activities.
Section 5401(f) gives a State educational agency the
ability to consolidate funds for standards and assessment
development as described under title I of this act.
Section 5402--Single Local Educational Agency States.
Section 5402 requires a State educational agency that also
serves as a local educational agency to describe how
duplication of administrative functions will be eliminated.
Section 5403--Consolidation of Funds for Local
Administration. Section 5403(a) establishes that a local
educational agency may consolidate administrative funds.
Section 5403(b) requires the State educational agency to
establish procedures for responding to requests from local
educational agencies to consolidate administrative funds.
Section 5403(c) specifies the conditions for a local
educational agency to consolidate administrative funds.
Section 5403(d) describes the use of administrative funds
for a local educational agency that chooses to consolidate
administrative funds.
Section 5403(e) provides for consolidated recordkeeping for
local educational agencies that consolidate administrative
funds.
Section 5404--Administrative Funds Studies. Section 5404(a)
requires the Secretary to conduct an evaluation of State and
local uses of administrative funds for programs covered under
this act.
Section 5405--Consolidated Set-Aside for Department of the
Interior Funds. Section 5405 establishes a transfer of funds
mechanism to the Department of Interior for those consolidated
funds pertaining to part A of title VII and to subtitle B of
title VII of the Stewart B. McKinney Homeless Assistance Act.
Section 5406--Availability of Unneeded Program Funds.
Section 5406 allows a local educational agency to transfer not
more than 5 percent of a program's unused funds to another
program.
Part D--Coordination of programs; consolidated State and local plans
and applications
Section 5501--Purpose. Section 5501 describes the purpose
for coordinating and consolidating State and local plans and
applications.
Section 5502--Optional Consolidated State Plans or
Applications. Section 5502(a) establishes the authority for
compiling consolidated State plans or applications.
Section 5502(b) requires the Secretary to collaborate with
State educational agencies, local educational agencies, public
and private entities, parents, students, and teachers to
establish criteria and procedures for consolidated planning.
Section 5503--General Applicability of State Educational
Agency Assurances. Section 5503(a) requires a State educational
agency that submits a consolidated plan to have on file with
the Secretary a single set of assurances that are applicable to
each program.
Section 5503(b) establishes that section 441 of the General
Education Provisions Act does not apply to programs under this
act.
Section 5504--Additional Coordination. Section 5504(a)
directs the Secretary to seek coordination of programs with
other members of the Cabinet for the purpose of enhancing
coordination and reducing administrative burdens.
Section 5505--Consolidated Local Plans or Applications.
Section 5505(a) enables a local educational agency to submit a
consolidated plan or application to a State educational agency.
Section 5505(b) specifies that a State educational agency
that has submitted and had approved a consolidated State plan
or application may require local educational agencies in the
State to submit consolidated local plans.
Section 5505(c) requires a State educational agency to
collaborate with local educational agencies in establishing
procedures for the submission of consolidated plans and
applications.
Section 5505(d) specifies that a State educational agency
will require a local educational agency to submit only
necessary material as part of its plan or application.
Section 5506--Other General Assurances. Section 5506(a)
requires any applicant that submits a plan under this Act to
have on file, with the State educational agency, a set of
assurances for each program for which a plan or application has
been submitted.
Section 5506(b) specifies that section 442 of the General
Education Provisions Act does not apply to programs under this
act.
Part E--Advanced placement programs
Section 5601--Short Title. This section specifies that part
E may be cited as the ``Access to High Standards Act.''
Section 5602--Findings and Purposes. This section states
the findings and purposes of this part. The purposes are to
encourage more of the students who take advanced placement
courses to take the exam; to build on the benefits of advanced
placement programs for students; to support State and local
efforts to raise academic standards through advanced placement
programs; to increase the availability and broaden the range of
schools that have advanced placement programs; to build on
present State programs and demonstrate that larger and more
diverse groups of students can participate and succeed in
advanced placement courses; to provide greater access to
advanced placement courses; to provide access to advanced
placement courses for students in schools that do not offer the
courses; and to increase the participation of low-income
individuals in taking advanced placement tests.
Section 5603--Funding Distribution Rule. This section
authorizes the Secretary to give priority to funding activities
under the Advanced Placement Incentive Program (section 5606)
and to distribute 70 percent of remaining funds to carry out
Advanced Placement Program Grants (section 5604) and 30 percent
to carry out Online Advanced Placement Courses (section 5605).
Section 5604--Advanced Placement Program Grants. This
section authorizes the Secretary to award grants on an annual
basis for a period of 3 years to State educational agencies and
local educational agencies in order to expand access for low-
income individuals to advanced placement incentive programs
that involve teacher training; pre-advanced placement course
development; curriculum coordination and articulation between
grade levels that prepare students for advanced placement
courses; curriculum development; books and supplies; and other
activities. All entities seeking a grant shall submit an
application to the Secretary. Those entities receiving grants
shall annually report to the Secretary: the number of students
taking advanced placement courses; the number of advanced
placement tests taken by students; the scores on the advanced
placement tests; and demographic information regarding
individuals taking the advanced placement courses. The
Secretary shall annually compile the information and submit a
report to Congress.
Section 5605--On-Line Advanced Placement Courses. This
section authorizes the Secretary to award grants, on a
competitive basis, to State educational agencies to enable them
to award grants to local educational agencies to provide
students with on-line advanced placement courses. State
educational agencies seeking a grant shall submit an
application to the Secretary and in awarding grants, priority
should be given to local educational agencies that: serve high
concentrations of low-income students; serve rural areas; and
would not otherwise have access to on-line advanced placement
courses. Grant funds may be used to purchase on-line curriculum
or course materials and to train teachers.
Section 5606--Advanced Placement Incentive Program. This
section authorizes the Secretary to award grants to State
educational agencies in order to reimburse low-income
individuals to cover part or all of the costs of advanced
placement test fees. If an excess of funds exists, State
educational agencies may use the grant funds to increase the
enrollment of low-income individuals in advanced placement
courses; the participation of low-income individuals in
advanced placement courses; and the availability of advanced
placement courses in schools serving high-poverty areas. Grant
funds shall supplement and not supplant other non-Federalfunds
that are available to assist low-income individuals in paying
for the cost of advanced placement test fees.
Section 5607--Definitions. This section provides the
meanings of certain terms used in this part, including:
``advanced placement incentive program,'' ``advanced placement
test,'' ``high concentration of low-income students,'' ``low-
income individual,'' ``institution of higher education,'' and
``State.''
Section 5608--Authorization of Appropriations. This section
authorizes $50 million for fiscal year 2002 and such sums as
may be necessary for each of the 6 succeeding fiscal years.
Section 601--Parental Involvement and Accountability. This
section renames title VI as ``PARENTAL INVOLVEMENT AND
ACCOUNTABILITY'' and amends the title to read as follows:
TITLE VI--PARENTAL INVOLVEMENT AND ACCOUNTABILITY
Part A--Parental assistance
New Section 6101--Parental Information and Resource
Centers. This section states the purpose of this part which is
to: (1) provide leadership, technical assistance, and financial
support to nonprofit organizations and local educational
agencies to help implement successful and effective parental
involvement policies, programs, and activities; (2) strengthen
partnerships among parents, teachers, principals,
administrators, and other school personnel; (3) develop and
strengthen the relationship between parents and the schools;
(4) further the developmental progress of children; and (5)
coordinate activities funded under this part with other
parental involvement initiatives in the act.
New Section 6101(b) authorizes the Secretary to award
grants (while ensuring geographic distribution of grants) to
nonprofit organizations, or consortia of nonprofits and local
educational agencies, to establish school-linked or school-
based parental information and resource centers to provide
training, information, and support to parents of elementary and
secondary school students, individuals who work with parents,
and organizations that carry out parent education and family
involvement programs.
New Section 6102--Applications. This section requires
agencies and organizations seeking grants under this part to
submit an application to the Secretary which must include a
broad range of assurances. Each organization or consortium
receiving a grant will be governed by a board of directors
which includes parents or organizations that represent parents.
At least \1/2\ of the overall funding provided each fiscal year
must serve areas with high concentrations of low-income
families.
New Section 6103--Uses of Funds. This section states that
grant funds shall be used to: (1) assist parents in
participating effectively in their children's education; (2)
obtain information about the range of options, programs,
services, and resources available at all levels of the
government to assist parents and school personnel who work with
parents; (3) help parents learn and use the technology applied
in their children's education; (4) plan, implement, and fund
activities for parents that coordinate the education of their
children with other Federal programs that serve their children;
and (5) provide support for State or local educational
personnel if the participation of such personnel will further
the activities assisted under the grant.
New Section 6104--Technical Assistance. This section states
that the Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training, information, and support
programs and parental information and resource centers.
New Section 6105--Reports. This section requires agencies
and organizations receiving assistance under this part to
submit to the Secretary, on an annual basis, information
concerning parental information and resource centers assisted
under this part.
New Section 6105(b) requires the Secretary to annually
disseminate to the public and the Congress, the information
that each organization or consortium submits.
New Section 6106--General Provisions. This section states
that no person shall be required to participate in a parent
education or developmental screening program. In addition, no
program or center assisted under this part shall take any
action that infringes on the right of a parent to direct the
education of their children.
New Section 6107--Authorization of Appropriations. This
section authorizes a funding level of $50 million for fiscal
year 2002 and such sums as may be necessary for each of the 6
succeeding fiscal years.
Part B--Improving academic achievement
New section 6201--Education Awards.
New section 6210(a) authorizes the Secretary to make
``Achievement in Education Awards'' to States that, beginning
with the 2002-2003 school year, make the most progress in
improving educational achievement. Awards will be made on the
basis of: (1) the progress of economically disadvantaged and
minority students in meeting State student performance
standards as measured by State assessments and (beginning with
the 2nd year for which data are available for all States) the
progress of such students on State assessments under the
National Assessment of Educational Progress (NAEP); (2) overall
improvement in student achievement as measured by State
assessments and (beginning with the 2nd year for which data are
available for all States) the progress of all students onState
assessments NAEP; (3) improvement in the English proficiency of
students who enter school with limited English proficiency; (4)
increased percentage of students who graduate from high school;
and (5) increased percentage of students who take advanced
coursework. The Secretary is to give greatest weight to a
State's success in improving the performance of economically
disadvantaged and minority students.
New section 6210(b) permits the Secretary to make 1-time
bonus payments to States that develop the new assessments
required by this bill in advance of the deadlines included in
the bill.
New section 6210(c) permits the Secretary to make ``No
Child Left Behind Awards'' to schools that have made greatest
progress in improving the educational achievement of
economically disadvantaged students.
New section 6210(d) permits the Secretary to make awards
for activities, such as character education, that are designed
to promote the improvement of elementary and secondary
education.
New section 6202--Loss of Administrative Funds. New section
6202 establishes penalties for States that--based on State
assessment and State NAEP results--fail to make adequate yearly
progress and whose economically disadvantaged and minority
students fail to make statistically significant progress in the
academic subjects for which the State has developed content and
student performance standards. If such failure persists for 2
consecutive fiscal years, the Secretary is required to reduce
up to 30 percent of the State's administrative funds. If such
failure persists for 3 or more consecutive fiscal years, the
Secretary is required to reduce up to 75 percent of the State's
administrative funds.
New section 6203--Authorization of Appropriations. New
section 6203 authorizes $400 million for fiscal year 2002 and
such sums as may be necessary in the 6 succeeding fiscal years
to develop and implement the standards and assessments required
under section 1111 of the act. The section authorizes $110
million for fiscal year 2002 and such sums as may be necessary
in the 6 succeeding fiscal years to administer State
assessments under NAEP. The section authorizes $50 million for
fiscal year 2002 and such sums as may be necessary in the 6
succeeding fiscal years for the awards, bonuses, and
improvement activities authorized under section 6201.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Section 701--Amendment to the Elementary and Secondary
Education Act of 1965. This section transfers programs
currently authorized under title IX to title VII, renaming
Title VII ``Indian, Native Hawaiian, and Alaska Native
Education'' and amending the title to read as follows:
Part A--Indian education
Section 7101--Findings. New section 7101 maintains the
current law statement of findings regarding Indian education.
Section 7102--Purpose. New section 7102 maintains the
current law purpose of part A.
Subpart 1--Formula grants to local educational agencies
Section 7111--Purpose. New section 7111 maintains the
current law purpose of subpart 1.
Section 7112--Grants to Local Educational Agencies. New
section 7112 maintains current law provisions regarding the
distribution of grants to local educational agencies and Indian
tribes.
Section 7113--Amount of Grants. New section 7113 sets out
grant awards. The order of the subsections has changed in that
the subsection related to schools operated or supported by the
Bureau of Indian Affairs is now subsection (b).
Section 7114--Applications. New section 7114 maintains the
current law provisions regarding application requirements.
Section 7115--Authorized Services and Activities. New
section 7115 adds 4 new kinds of services and activities to the
7 services and activities in current law. These activities
include: activities that promote the incorporation culturally
responsive teaching and learning strategies; activities that
incorporate American Indian and Alaska Native specific
curriculum content; activities that promote coordination and
collaboration between tribal, Federal, and State public
schools; and family literacy services. The section also limits
the amount of funds spent on administrative costs to not more
than 5 percent.
Section 7116--Integration of Services Authorized. New
section 7116 allows local educational agencies which receive
formula grants under part A the ability to commingle all of the
federal funding they receive for educating Indian children,
regardless of which agency provides it, into one coordinated
comprehensive program to meet the specific needs of Indian
children. Local educational agencies that choose to do this
will submit a single plan describing how they intend to
consolidate funding and specifying the student achievement
goals that they will meet.
Section 7117--Student Eligibility Forms. New section 7117
allows the Secretary to use either the count certified by the
Bureau of Indian Affairs, or the count of the number of
students for whom the school has eligibility forms when
awarding grants to tribal schools. It also allows each local
educational agency to select either a particular date or period
(up to 31 days) to countthe number of children it will claim
for purposes of receiving a grant. The choice of the child
counts allows the schools to avoid the burden of 2 separate
counts.
Section 7118--Payments. New section 7118 maintains current
law provisions dealing with payments by the Secretary to local
educational agencies.
Section 7119--State Educational Agency Review. New section
7119 modifies the current requirements for application review
by the Secretary (as the requirement that a local educational
agency must submit an application to the Secretary is already
in section 7114(a)), while maintaining the requirement that the
local educational agency must submit the application to State
educational agency for its possible comments.
Subpart 2--Special programs and projects to improve
educational opportunities for Indian children
Section 7121--Improvement of Educational Opportunities for
Indian Children. New section 7121 maintains the 11 types of
grants authorized under this section while adding a provision
for family literacy service and adds 2 new provisions as
requirements for applications for dissemination grants: that
the application must include information demonstrating that the
proposed program is a research-based program, and that the
application must contain a description of how the applicant
will incorporate the proposed activities into the ongoing
school program involved once the grant period is over. New
section 7121 limits the amount of funds spent on administrative
costs to not more than 5 percent.
Section 7122--Professional Development. New section 7122
modifies the preference for programs that train Indian
students. The obligation of service has been modified to
include only those persons who receive pre-service training.
Section 7123--Fellowships for Indian Students. New section
7123 maintains current law provisions authorizing the Secretary
to award fellowships to Indian students for study in graduate
and professional programs at institutions of higher education.
Section 7124--Gifted and Talented Indian Students. New
section 7124 maintains current law provisions authorizing the
Secretary to establish 2 centers for gifted and talented Indian
students at tribally controlled community colleges and to
support demonstration programs relating to gifted and talented
Indian students.
Section 7125--Grants to Tribes for Education Administrative
Planning and Development. New section 7125 maintains current
law provisions authorizing the Secretary to make grants to
Indian tribes and tribal organizations approved by Indian
tribes to develop a centralized tribal administrative entity to
coordinate education programs and related activities. A funding
level of $3 million is authorized for each of the fiscal years
2002 through 2008.
Subpart 3--Special programs relating to adult education for
Indians
Section 7131--Improvement of Educational Opportunities for
Adult Indians. This section maintains current law provisions
authorizing the Secretary to make grants to State and local
educational agencies and to Indian tribes, institutions, and
organizations to support adult education activities.
Subpart 4--National research activities
Section 7141--National Activities. New section 7141
maintains current law provisions authorizing the Secretary to
conduct research and evaluation activities related to the
education of Indian children and adults.
Subpart 5--Federal administration
Section 7151--National Advisory Council on Indian
Education. New section 7151 maintains current law provisions
establishing a National Advisory Council on Indian Education.
Section 7152--Peer Review. New section 7152 maintains
current law provisions permitting the Secretary to use a peer
review process to review applications submitted under subpart
2, 3, or 4.
Section 7153--Preference for Indian Applicants. New section
7153 maintains current law provisions giving preference to
Indian applications for grants and contracts under subpart 2,
3, or 4.
Section 7154--Minimum Grant Criteria. New section 7154
maintains current law provisions providing that the Secretary
may approve only applications which are of sufficient size,
scope, and quality to achieve the objectives of the grant or
contract and which are based on relevant research findings.
Subpart 6--Definitions; authorizations of appropriations
Section 7161--Definitions. New section 7161 maintains
current law definition of terms applicable to part A.
Section 7162--Authorization of Appropriations. New section
7162 authorizes a funding level of $93 million for fiscal year
2002 and such sums as may be necessary for each of the 6
succeeding fiscal years to carry out subpart 1; $20 million for
fiscal year 2002 and such sums as may be necessary for each of
the 6 succeeding fiscal years to carry out subparts 2 through
4. No funds are authorized for carrying out subpart 5.
Part B--Native Hawaiian education
Section 7201--Short title. New section 7201 provides that
part B may be cited as the ``Native Hawaiian Education Act''.
Section 7202--Findings. New section 7202 sets forth
congressional findings regarding Native Hawaiians and education
and includes new findings that reflect the new legal position
of the United States relative to the status of Native Hawaiians
as set forth in the brief filed by the United States in the
U.S. Supreme Court on July 28, 1999.
Section 7203--Purposes. New section 7203 maintains the
current law purposes related to the education of Native
Hawaiians.
Section 7204--Native Hawaiian Education Council and Island
Councils. New section 7204 authorizes the Secretary to make
direct grants to Native Hawaiian educational organizations;
provides that the Native Hawaiian Education Council will be
reduced to 21 members; changes the composition, appointment,
terms of Council members; and authorizes seven Island councils,
so that each island will now have its own council.
Section 7205--Program Authorized. New section 7205
consolidates the following programs: the Family-Based Education
Centers program; the Higher Education program; the Gifted and
Talented; Curriculum Development, Teacher Training and
Recruitment program; and Community-Based Education Learning
Center into a single authority and adds 3 new permissible
activities: family literacy services; activities which enhance
beginning reading and literacy among K-3rd grade; and early
education and care services for children pre-natal to age 5.
New section 7205 also establishes priorities for the award of
contracts or grants; includes special rules and conditions;
provides that qualified Native Hawaiian student attending a
post-secondary institution outside the State of Hawaii shall
not be prevented from receiving a fellowship; that individuals
who receive a fellowship are required to serve the Native
Hawaiian community either during their fellowship period or
upon completion of the program of post-secondary education. New
section 7205 also limits the amount of funds spent on
administrative costs to not more than 5 percent and authorizes
$28 million for fiscal year 2002 and such sums as may be
necessary for the 6 succeeding fiscal years for these
activities.
Section 7206--Administrative Provisions. New section 7206
maintains current law provisions relating to applications for
funds.
Section 7207--Definitions. New section 7207 maintains
current law definitions applicable to part B.
Part C--Alaska Native education
Section 7301--Short Title. New section 7301 provides that
part C may be cited as the ``Alaska Native Educational Equity,
Support, and Assistance Act''.
Section 7302--Findings. New section 7302 maintains current
law findings related to Alaska Native education.
Section 7303--Purposes. New section 7303 maintains the
current law purposes of part C.
Section 7304--Program Authorized. New section 7304
consolidates the following programs serving Alaska Native
children and adults: The Educational Planning, Curriculum,
Development, Teacher Training, and Recruitment program; Home-
Based Education for Preschool Children program; and Student
Enrichment Programs into a single authority and adds family
literacy services as an additional activity. New section 7304
also limits the amount of funds spent on administrative costs
to not more than 5 percent and authorizes $17 million for
fiscal year 2002 and such sums as may be necessary for the 6
succeeding fiscal years for these activities.
Section 7305--Administrative Provisions. New section 7305
maintains current law provisions relating to applications for
funds.
Section 7306--Definitions. New section 7306 maintains
current law definitions applicable to part C.
Section 702--Conforming Amendments. This section of the
bill provides for conforming amendments to references in other
acts, reflecting the transfer of title IX programs to the new
title VII.
TITLE VIII--REPEALS
Section 801(a) of the bill repeals titles IX through XIV of
the Elementary and Secondary Education Act of 1965.
Section 801(b) of the bill repeals the Goals 2000:
Education America Act.
TITLE IX--MISCELLANEOUS PROVISIONS
Section 901--Independent Evaluation. Section 901 amends the
act by adding a new ``TITLE IX--MISCELLANEOUS PROVISIONS'' and
``Part A--INDEPENDENT EVALUATION''.
Part A--Independent evaluation
Provisions of the new Title IX, Part A include:
Section 9101--In General. New Section 9101 authorizes the
Secretary to award a grant to the Board on Testing and
Assessment of the National Research Council of the National
Academy of Sciences in order to conduct an ongoing evaluation
of high stakes assessments used by a representative sample of
state and local educational agencies. The evaluation shall be
conducted in consultation with the Department and shall not
exceed 4 years in duration. The evaluation shall be based on a
research design designed by the board, in consultation with
others. The evaluation shall address at least the 3 components
described in section 9102.
Section 9102--Components Evaluated. New Section 9102
describes the 3 components mentioned in Section 9101.
Section 9102 (1) establishes Students, Teachers, Parents,
Families, Schools, and School Districts as a component to be
addressed by the evaluation. The evaluation of this component
shall include: overall change in what students are learning
based upon independent measures; changes in course offerings,
teaching practices, course content, and instructional material;
measures of teacher satisfaction with the assessments; changes
in rates of teacher and administrator turnover; changes in
dropout, grade retention, and graduation rates for students;
the relationship of student performance on the assessments to
school resources, teacher and instructional quality, or such
factors as language barriers or construct-irrelevant
disabilities; changes in the frequency of referrals for
enrichment opportunities, remedial measures, and other
consequences; changes in student post-graduation outcomes,
including admission to, and signs of success at colleges,
community colleges or technical school training programs; cost
of preparing for, conducting, and grading the assessments in
terms of dollars expended by; the school district and time
expended by students and teachers; changes in funding levels
and distribution of instructional and staffing resources for
schools based on the results of the assessments; purposes for
which the assessments or components of the assessments are used
beyond what is required under part A of title I, and the
consequences for students and teachers because of those uses;
differences in the areas studied under this section between
high poverty and high concentration minority schools and school
districts, and schools and school districts with lower rates of
poverty and minority students; and the level of involvement of
parents and families in the development and implementation of
the assessments and the extent to which the parents and
families are informed of assessment results and consequences.
Section 9102 (2) establishes Students With Disabilities as
a component to be addressed by the evaluation. The evaluation
of this component shall include: the overall improvement or
decline in academic achievement for students with disabilities;
the numbers and characteristics of students with disabilities
who are excluded from the assessments, and the number and type
of modifications and accommodations extended; changes in the
rate of referral of students to special education; changes in
attendance patterns and dropout, retention, and graduation
rates for students with disabilities; changes in rates at which
students with disabilities are retained in grade level; changes
in rates of transfers of students with disabilities to other
schools or institutions; and the level of involvement of
parents and families of students with disabilities in the
development and implementation of the assessments and the
extent to which the parents and families are informed of
assessment results and consequences.
Section 9102 (3) establishes Low Socio-Economic Students,
Limited English Proficient Students, and Minority Students as a
component to be addressed by the evaluation. The evaluation of
this component shall include: the overall improvement or
decline in academic achievement for such students; the numbers
and characteristics of such students excused from taking the
assessments, and the number and type of modifications and
accommodations extended to such students; changes in the rate
of referral of such students to special education; changes in
attendance patterns and dropout and graduation rates for such
students; changes in rates at which such students are retained
in grade level; changes in rates of transfer of such students
to other schools or institutions; and the level of involvement
of parents and families of low socio-economic students, and
racial and ethnic minority students in the development and
implementation of the assessments and the extent to which the
parents and families are informed of assessment results and
consequences.
Section 9103--Reporting. New Section 9103 requires the
Secretary to make public the results of the evaluation each
year and to report the findings of the evaluation to Congress
and to the States, not later than 2 months after completion of
the evaluation.
Section 9104--Definitions. New Section 9104 provides
definitions for the terms ``High Stakes Assessment,'' and
``Standardized Test''.
Section 9105--Authorization of Appropriations. New Section
9103 authorizes $4 million for fiscal year 2002. The funds
shall remain available until expended.
IX. ADDITIONAL VIEWS
----------
ADDITIONAL VIEWS OF SENATOR MICHAEL B. ENZI
First, I want to applaud the entire Committee for
unanimously advancing this important bill before the full
Senate. We invested tremendous resources in attempting to
reauthorize ESEA last year, and I am pleased that we have made
it our first priority this year. I am also impressed with the
support of the new Administration in seeing President Bush's
number one priority take the next step in the legislative
process.
This education reform bill reflects an understanding of the
variation in needs between urban, suburban, and rural schools.
The bill arguably addresses the concerns of all stakeholders in
our children's education, and it does so in a bipartisan way. I
believe the bill has struck a meaningful compromise and
reflects a strong but appropriate role for the federal
partnership in elementary and secondary education.
The state of Wyoming has invested tremendous amounts of
time and money in developing high standards of learning,
reliable assessments, strong parental involvement initiatives
and other research-based education innovations. This bill
builds upon that work and solidifies the shared commitment to
academic achievement for all children.
However, the state of Wyoming is currently facing a crisis
in education--a teacher shortage. It's not about class size,
though. It's about teacher salaries and a dwindling supply of
qualified educators, particularly in light of the high new
standards which students must meet. But, this is a problem
where there is a federal role in the solution. Under Title II
of our bill, the focus is not only on preparing teachers, but
on helping schools recruit and retain high quality teachers.
Reducing class sizes will be an allowable use of funds under
this Title, if that's the unique need of a particular school.
The bill also emphasizes the need to improve access to
education technology and to USE it in the process of improving
academic achievement. The goal of eliminating the duplicative
administrative application process and allowing schools to have
one pot of funds for the range of technology uses, including
teacher and administrative staff training, will make a
difference. The digital divide will shrink and technology will
become even more relevant as an educational tool.
Very importantly, the bill clarifies the purpose of the
President's requirement that states expand existing assessments
and take on the new practice of participating annually in the
NAEP test (National Assessment of Educational Progress). Those
clarifications go a long way in addressing the fundamental
concern by all parties that the federal government not enact
additional unfunded mandates, and that the states continue to
retain the flexibility to design their own standards of
learning for students, versus nationalized standards or
assessments.
And, while not a part of this reauthorization, we would be
remiss in meeting our commitment to the education of all
children if we do not also prioritize full funding of the
Individuals with Disabilities Education Act as we advocate for
meaningful education reform. I look forward to this Committee's
continued support for strong increases in funding for IDEA.
Funding this important but costly federal requirement is as
critical as requiring academic success in our classrooms.
I look forward to seeing this bill through the legislative
process and am committed to enacting a reform measure that puts
children first.
Additional Views of Senators Kennedy, Harkin, Bingaman, Murray,
Edwards, Dodd, Mikulski, Wellstone, Reed, and Clinton
Ninety percent of American children attend public schools.
We owe it to them to ensure that every public school and every
teacher is able to help all school children in the nation reach
their full potential.
Few issues are as important as education. Democrats believe
Congress should help all children meet high standards of
achievement by strengthening federal support for innovative
reforms and demanding tough accountability for results for our
children.
Seven years ago, Congress and President Clinton took urgent
steps to turn around failing schools. With passage of the GOALS
2000 legislation in 1994, and the reauthorization of the
Elementary and Secondary Education Act that same year, we
established bold new goals for schools to prepare children to
succeed in today's world by mastering the basics and reaching
high standards of achievement.
These were important actions that launched changes in
schools across America. Now we need to build on this progress.
More change is necessary--much more--if we are to turn around
failing schools and give our children the education they need
and deserve.
Democrats and Republicans alike agree that no child should
be left behind--regardless of background, race, or gender, or
whether a child is homeless, a child of a migrant worker, or an
immigrant. Every child has the right to a high-quality
education.
We commend President Bush for identifying education as one
of his early priorities, and for encouraging Congress to act on
needed reforms. We share the Administration's goals of greater
help for local schools to meet the most urgent needs, and
holding schools accountable for the results.
As we move forward on today's reforms, Democrats believe
that we need to meet five important goals:
Targeting resources to high-need districts;
Holding schools accountable for substantial progress
and improved student achievement;
Providing our children and teachers with smaller
classes in safe, modern school buildings;
Ensuring that our children will have qualified
teachers in every classroom and a qualified principal
in every school;
Helping communities and schools provide research-
based programs that support learning--such as parent
involvement, after-school programs, technology in the
classroom and early reading programs.
In approving the BEST Act, we believe the Committee took a
major step towards strengthening and expanding the federal
helping hand to support these kinds of innovations, and to help
all children meet high standards of achievement. The
centerpiece of the bill is new testing and accountability
measures that will help parents, educators, and community
members gauge how well our children are learning.
The Committee took a major step forward in adopting the
essential elements of Senator Bingaman's accountability bill
and President Bush's testing and accountability plan.
We are also pleased that the bill includes dedicated funds
for turning around failing schools--a strong step towards
ensuring that more underserved children get the extra
assistance they need to succeed in school. We know that these
reforms can work and we want to ensure every school succeeds.
But, we must remember that tests and accountability are
simply the measure of reforms--they are not the reforms
themselves. Tests don't put a qualified teacher in the
classroom. Tests don't reduce class size. Tests don't make
schools safer or stop a building from crumbling.
Therefore, as this legislation moves forward, it is
essential to strengthen it through measures to provide students
and teachers with the support they need to succeed. We must
ensure that teachers are guaranteed funding for professional
development and mentoring; that communities are guaranteed
funds to continue to reduce class sizes; and that communities
get the continued help they need to meet their most urgent
repair and renovation needs.
But, we know that to achieve these much needed reforms,
communities require additional resources to implement reform.
We must ensure that our efforts to authorize additional
resources will not become an empty promise when it's time to
make tough choices on the national budget and in the
appropriations process. Real change in education requires real
investments.
We are deeply concerned that the President's budget
contains little more than a cost of living increase for our
nation's schools, and few new investments to improve them.
Democrats hope that as the full Senate acts on education in
the coming weeks, we will put ourselves to the test to work
together to pass a bipartisan reauthorization of ESEA and a
bipartisan budget that significantly increases funding for
education. We should hold ourselves to a high standard of
accountability for achieving those goals.
Public education is one of the finest achievements of
American democracy, and one of the most critical investments we
can make to ensure a bright future for the nation's children.
We look forward to working with the President and colleagues on
both sides of the aisle to move forward on strong reforms with
solid support. We owe the nation's children no less.
Strengthening accountability for better student achievement
We applaud the bill's adoption of new requirements for
statewide accountability systems based on each state's
standards and assessments. The Committee also adopted
Democratic proposals to hold states, districts, and schools
accountable for real achievement progress for all students, and
to require states, districts, and schools to set specific,
measurable goals for improvement that ensure that all students
will be proficient on state standards within 10 years. The bill
also requires school report cards to inform parents about the
quality of their schools and the progress toward meeting
student achievement goals. Report cards are required at the
state, district, and school levels on the results of the
assessments as well as the number of students excluded from
assessments. We are concerned that the bill did not adopt our
proposal to report the results for prior years so that parents
could clearly monitor a school's progress, or to report teacher
qualifications and drop out rates.
Another significant addition to the bill that will help
shine the light on the efforts of our states and districts to
turn around failing schools is the requirement that states
report the names and numbers of low-performing schools, and the
steps that states are taking to meet their responsibility to
help such schools improve. This is an important and common-
sense provision to address the fact that the Department of
Education does not have an exact accounting of this type of
information. We also support measures in Title I that provide
parents the right to know the qualifications of their
children's teachers.
Importantly, the bill adopts the President's and our
proposal to require that assessment results be disaggregated
for various student groups. Disaggregation of results ensures
that existing achievement gaps are closed between disabled
students, students with limited English proficiency, migrant
students, or minority students and the rest of the student
population.
We are also pleased that the Committee has adopted the
essential elements of Senator Edwards' School Support and
Improvement Act of 2001. We believe that appointing specially
trained support or assistance teams is a proven effective
practice to help low-performing schools get back on track. By
requiring states to make these teams a priority in their
efforts to turn around their low-performing schools, we can
help ensure that every child across the nation has access to a
quality public school.
Democrats also have serious concerns that the bill does not
effectively address the issue of the quality of assessments.
The Independent Review Panel on Title I has reported to
Congress that ``many states use assessment results from a
single test--often traditional multiple choice tests. Although
these tests may have an important place in state assessment
systems, they rarely capture the depth and breadth of student
knowledge reflected in state content standards.'' The report
goes on to say that ``better assessments for instructional and
accountability purposes are urgently needed.''
Democrats are concerned that there is insufficient emphasis
in this bill on ensuring that states develop the high quality
assessments that are so critical to any accountability system.
We believe that it is most important to ensure that quality,
rather than quantity or speed in completing assessments, should
be the top priority in this legislation because accountability
systems will only be as effective as the measurements they
include. In order to ensure that tests are of high quality,
states should be required to present evidence that the
assessments they use are of adequate technical quality for
every purpose for which they are used including high stakes
purposes for individual students.
It is also critical that states align assessments with
their standards and curriculum. The best assessments measure
the range and depth of student knowledge and should include
more than just multiple choice questions. They should also
include performance-based approaches to testing in all subjects
assessed to measure higher order thinking skills and
understanding.
Democrats believe that an important element of the
Committee bill is the manner in which it measures ``annual
yearly progress.'' Under the bill, we are pleased that such
progress is measured not only by test results, but also reduced
drop-out rates and other measures of student achievement.
States should do all they can to obtain a complete picture of
student achievement and school success by using multiple
indicators of student achievement.
In addition, we are pleased that the Committee adopted
Senator Wellstone's amendment authorizing a National Research
Council study on the impact of high stakes tests on students,
teachers, and curricula. As the use of high stakes tests
becomes more widespread, it is critical for policy makers to
understand better how they effect student learning.
However, the Democrats believe strongly that assessments
and accountability are critical, but they are only a part of
education reform. Assessments must be accompanied by
significant investments in the programs we know work, so that
students have the opportunity to do well on the tests and
schools have the resources to address the learning gaps the
tests reveal. We will not be able to achieve real education
reform unless we do much more to fund schools' capacity to
teach students well and to help those who are not doing well.
Targeting funds to the neediest students
We believe that providing every child with a world-class,
high quality education requires both a serious investment in
school reform and a rigorous insistence on educational results.
The Committee-reported BEST Act makes significant strides in
insisting on results. But much more work remains to be done by
Congress to ensure an adequate investment in school reform.
The federal investment in school reform should be of
sufficient size and focus to provide disadvantaged children the
best chance at educational success. Children can learn to high
standards, but not all children face the same challenges in
achieving that goal.
Targeting education resources to high-need areas is a
necessity. Since its inception more than 35 years ago, Title I
has recognized that children in poverty are at a unique
educationaldisadvantage. What has become increasingly clear
since ESEA was first enacted is that poor children living in
poor communities are at an even larger disadvantage. They have
heightened educational needs and their schools have fewer
resources to meet those needs.
If we fail to invest sufficient resources in high-need
schools and districts, we support the status quo and support
failure. We can and should do better. The Committee bill
provides the authority for Congress to make significant
investments in proven effective reforms targeted to the
neediest communities. Now we must ensure that Congress and the
Administration actually provide those investments.
Focusing on reading well early
We commend President Bush and Chairman Jeffords for their
leadership in making child literacy a priority and developing
this strong legislation. We also commend the First Lady for her
remarkable commitment to helping all children learn to read.
Learning to read well is the cornerstone of every child's
education. We know that reading skills are fundamental to
effective learning in all subjects. The ability to read
effectively is the gateway to opportunity and success
throughout life.
Many successful programs are helping children learn to read
well. But too often, the best programs are not available to all
children. As a result, large numbers of children are denied the
opportunity to learn to read well. Forty percent of 4th grade
students do not achieve the basic reading level, and 70 percent
of 4th graders are not proficient in reading.
Children who fail to acquire basic reading skills early in
life are at a disadvantage throughout their education and later
careers. They are more likely to drop out of school and to be
unemployed. We need to do more to ensure that all children
learn to read well--and learn to read well early--so they have
a greater chance for successful lives and careers.
In October 1996, President and Mrs. Clinton initiated a new
effort to call national attention to child literacy by
proposing the ``America Reads Challenge.'' Many of us in
Congress strongly supported their call for increased aid for
reading tutors and other steps to improve child literacy.
Today, over 1,000 colleges and universities are committed to
the ``America Reads Work Study Program,'' and 59 of these
institutions are in Massachusetts.
Their efforts led to the successful bipartisan passage of
the Reading Excellence Act in 1998 that gave priority to
professional development in research-based techniques for
improving children's reading skills.
The committee bill builds on the Reading Excellence Act and
is a major step toward meeting the goal of helping every child
learn to read early in life. It embraces President Bush's
proposal to expand the Reading Excellence Act by tripling
funding for it, and by creating a new Early Reading First pilot
program to help children get the reading skills they need
before they are of school age. It provides children, parents,
schools, and communities with the resources and opportunities
they need to improve child and family literacy--and the help
can't come a minute too soon.
The BEST Act recognizes that teachers must have adequate
resources and proper training to teach reading well. Teachers
often must provide special assistance to children who are
having difficulty learning to read. Too often, teachers lack
the time, the skills, and the resources to provide children
with that assistance. The act creates new opportunities for
teachers to obtain the training they need to teach reading
effectively.
The committee bill encourages local school districts to
build partnerships and work in cooperation with community
organizations and state agencies. It ensures that local, State,
and national efforts to improve literacy are coordinated, and
that the most effective resources and practices are used to
meet the needs of children. It also provides communities with
support to provide children with trained tutors to give them
the opportunity to practice reading with adults.
Children whose parents are involved in their education, who
read to them, and who work with them on language skills are
more likely to become successful readers. They achieve higher
test scores. They have better school attendance records. They
graduate at higher rates. And they are more likely to go to
college. But children whose parents lack a strong educational
foundation are less likely to do so.
Funds will continue to be made available to the National
Institute for Literacy to gather and disseminate information
about the best practices for improving child literacy, so that
every school and community can take advantage of them.
This bill targets funds for literacy programs on schools
where the needs are greatest. Children in poor schools are more
likely to live in homes with parents who have not completed
high school and are unemployed. Children from such homes are 5
to 6 times more likely to drop out of school than other
children. We should help ensure that they get the opportunities
they need to learn to read well.
The bill will help provide children with the readiness
skills and support they need to learn to read once they enter
school. It will help teach every child to read in these early
years--from preschool though the 3rd grade. And it will improve
the instructional practices of teachers and other staff in
elementary schools with the greatest need for extra help.
The BEST Act ensures that the best methods and resources
are more widely available to schools, families, and children
across the country, and we are pleased to support it.
Meeting the national need to support school libraries
However, we cannot increase the literacy skills of
America's students without providing students with access to an
adequate supply of up-to-date reading materials. Indeed,
research has documented a clear connection between well-
equipped, well-staffed school libraries and increased literacy,
reading achievement, and overall academic success.
Unfortunately, schools across the Nation are still dependent on
collections purchased in the mid-1960's and 1970's with
dedicated funding provided under the Elementary and Secondary
Education Act of 1965. Since 1981, when this funding was folded
into what is currently the title VI block grant, school
libraries have suffered. This 20-year experiment in leaving
school library funding to States and school districts has
failed. Consequently, school library shelves are filled with
inaccurate books which pre-date the landing of manned
spacecraft on the moon, the breakup of the Soviet Union, the
end of apartheid, the Internet, and advances in scientific
research.
At the committee markup, Senator Reed presented clear
examples of old school library books filled with outdated facts
and offensive stereotypes that line our school library shelves.
We are dismayed that the committee failed to restore funding
for school libraries or to increase student access to up-to-
date school library materials. The needs of school libraries
have been unaddressed for too long. We urge the restoration of
funding to update and improve the Nation's school libraries.
Otherwise, our goal of eliminating illiteracy will be thwarted.
Public school repair and renovation
The facts about the condition of our Nation's schools are
well known. The average age of our Nation's schools is 42 years
and 14 million children attend classes in buildings that are
unsafe or inadequate. In addition, the National Center for
Education Statistics estimates that $127 billion is needed
simply to bring our nation's schools up to overall good
condition.
In March, the American Society of Civil Engineers issued a
Report Card for America's Infrastructure which reported serious
problems with the physical infrastructure in our nation. Once
again, school buildings received the lowest grade of all
facilities in the Nation--a D minus.
Clearly, this is a national problem that deserves a
comprehensive national response. However, the committee bill
does not address this pressing national concern.
Last year, we made substantial progress on this issue by
including a new school repair and renovation program in the
education appropriations bill. The fiscal year 2001
appropriations bill included a $1.2 billion bipartisan
initiative to help communities address their most urgent repair
and renovation needs. This legislation was agreed to by the
House, the Senate and the White House.
In Committee, Senators Harkin and Reed offered a bipartisan
amendment to reauthorize the school repair and renovation
program and increase the authorization to $1.6 billion. The
amendment continued the split between school modernization and
IDEA as negotiated in last year's appropriations bill. Seventy-
five percent of the funds would be used to finance urgent
repairs such as fixing leaky roofs, replacing faulty wiring or
making repairs to bring schools up to local safety and fire
codes. The remaining funding would support activities related
to IDEA Part B or technology related to school construction.
The school repair program is a key component in a two-prong
strategy to modernize the Nation's schools. Some schools have
simply outlived their usefulness and need to be replaced. In
addition, the record enrollment in our nation's public schools
has caused overcrowding that can only be remedied by building
new schools. That's why we hope Congress will also pass much-
needed legislation to provide interest-free school
modernization bonds that will finance at least $25 in new
construction.
Nearly three-quarters of the nation's schools are over 30
years old. According to the National Center for Education
Statistics, when a school is between 20 and 30 years of age,
frequent replacement of equipment is necessary. Between 30 and
40 years, all of the original equipment should have been
replaced including the roof and electrical systems. After 40
years, a school begins to deteriorate rapidly and after 60
years most schools are abandoned.
There is a legitimate federal role to help fix our nation's
crumbling schools, and we can do so without undermining local
control of education. We were disappointed by the defeat of the
Harkin-Reed Amendment on a 10-10 party line vote, and hope the
Senate will adopt the program on the floor with bipartisan
support.
Reducing class size
Smaller classes in the early grades can have a positive
impact on students for years to come by ensuring students learn
the basics, improve classroom discipline, providing more
individual attention, and encouraging parents and teachers to
work more closely together. By including the Class Size
Reduction program in the appropriations bills over the last
three years, Congress has taken an important, bipartisan step
to ensure that the nation's students are learning in less
crowded classrooms. Unfortunately, the committee bill does not
include a guaranteed funding stream for Class Size Reduction,
abandoning our bipartisan commitment to the teachers, parents,
and students of this country.
The party line vote rejecting Senator Murray's amendment to
include the Class Size Reduction program in this bill is a
rejection of sound education policy. Studies have shown what
parents, students and teachers have always known: smaller
classes make a difference. Despite numerous comprehensive,
high-quality studies confirming the benefits of smaller classes
in theearly grades, our Republican colleagues rejected the
Class Size Reduction program.
In small classes, students receive more individual
attention and instruction. Students with learning disabilities
are identified earlier, and their needs can be met without
placing them in costly special education. In small classes,
teachers are better able to maintain discipline, and parents
and teachers can work together more effectively to support
children's education. The Federal Government has always taken a
special responsibility for disadvantaged students, the very
students that studies show benefit the most from smaller
classes in the early grades. A recent study found that if all
children were in smaller classes in the early grades, that
change alone could close the black/white gap in students taking
college entrance exams by as much as 60 percent. But today,
there are still too many students in overcrowded classrooms.
The average class size in this country is over 22 students,
with some of the most crowded classrooms in urban areas. Almost
half of all elementary school teachers have class sizes of 25
students or more.
Teachers, parents, and students also want high-quality,
well-prepared teachers. Including class size reduction as an
allowable use of funds within a teacher quality block grant may
foster the illusion of ``local control,'' but in reality it
creates a false choice between investing in smaller classes and
investing in professional development, mentoring, and
recruiting activities. We know that good education reform
includes both boosting teacher quality and reducing class
sizes, and we should provide communities the support they need
communities address both issues sufficiently by providing
dedicated funding streams for both class size reduction and
professional development.
The current Class Size Reduction program is already
flexible. Small school districts that do not receive enough
Federal funding to pay a starting teacher's full salary may
combine these funds with other funds to pay the salary of a
full or part-time teacher, or may use the funds for
professional development. Any school district that has already
reduced class sizes in the early grades may use these funds to
reduce class sizes in other grades, or to improve teacher
quality. Districts can already use up to 25 percent of their
Class Size Reduction funds for professional development,
mentoring, or recruitment. The only qualification is that all
teachers hired with Class Size Reduction funds must be fully
qualified.
The first year of Federal Class Size Reduction program has
helped schools hire 29,000 teachers who are already teaching in
smaller classes across the country. As a result, approximately
1.7 million students are learning in classrooms that are no
longer overcrowded. An additional 8,000 teachers will be hired
with the funds provided by the fiscal year 2001 appropriations,
creating smaller learning environments for hundreds of
thousands of additional students. We should not abandon our
commitment to teachers, parents, and students to help them
reduce class sizes, and we hope the full Senate will adopt
Senator Murray's amendment.
Ensuring a qualified teacher in every classroom and a qualified
principal in every school
Over the next 10 years, we will need to recruit more than 2
million teachers to teach the record number of elementary and
secondary students in our public schools. Nothing in education
is more important than ensuring a highly qualified teacher for
every classroom. Research shows that what teachers know and can
do is the most important influence on what students learn.
Increased knowledge of academic content by teachers and
effective teaching skills are associated with increases in
students achievement.
Research shows that current professional development
activities often fail to generate significant improvements in
teaching or even impact teaching practice. Moreover, a recent
survey of teachers found that professional development is too
short-term, with a majority of teachers participating in
professional development activities that last only 1 to 8 hours
a year. As a consequence, only about one in five teachers felt
very well prepared to address the needs of students with
limited English proficiency, those from culturally diverse
backgrounds, and those with disabilities, or to integrate
educational technology into the curriculum.
The Committee bill includes strong definitions of
professional development, mentoring, and highly qualified
teacher, and contains strong accountability and application
requirements. In particular, the bill contains many of the
elements that research indicates constitute effective mentoring
and professional development--sustained, intensive activities
that focus on deepening teachers knowledge of content;
collaborative working environments; and training that is
aligned with standards and embedded in the daily work of the
school.
At the same time, however, the bill allows title II-A
funding to be used for purposes other than professional
development and mentoring. Accordingly, districts could spend
all of the funding on signing bonuses, teacher tenure system
reform, merit pay, and teacher testing. As a result, teachers
would not get any of the professional development they need.
An amendment was added in the markup to expand the
allowable uses of funds to include merit pay for teachers,
reform of tenure, and teacher testing. We underscore that this
language in no way should be interpreted to interfere with or
alter the integrity of existing local control or local
collective bargaining agreements.
We are particularly disappointed that the Committee failed
to adopt Senator Kennedy's amendment to guarantee teachers that
at least 50 percent of the title II-A funds will be used for
the professional development of all teachers and mentoring of
new teachers. The amendment would have made professional
development and mentoring a top priority to ensure that
teachers get the support they need to succeed in the classroom
and help all children meet high standards of achievement.
We don't disagree with any of the uses of funds under title
II-A. However, the current structure of the Committee bill is a
step backwards for teachers. Currently, teachers areguaranteed
$485 million for professional development and mentoring
activities--and its not enough to meet the need. Under the
committee bill, a local school district could spend all the
funding on recruitment activities, leaving current teachers out
in the cold.
We believe that local school districts should have
flexibility in the use of funds, but not to the extent that
they ignore the needs of teachers for on-going, high-quality,
and locally designed professional development and mentoring
activities.
Such a requirement is absolutely critical if we are to meet
the challenge of ensuring that teachers have the training,
assistance, and support to sustain them throughout their
careers and increase student achievement.
It is also critical so that parents know that their child
is being taught by a qualified teacher.
Democrats believe the bill should have included this goal
explicitly as a requirement in Title II with a timeline and a
specific date for implementation. However, we are pleased that
the committee agreed to include provisions in a floor manager's
package addressing Senator Kennedy's teacher quality
accountability amendment. His amendment to Title II-A would
require that schools serving Title I students must have a
highly qualified teacher in every classroom within 4 years.
Senator Gregg and Senator Jeffords argued that the Committee
should modify the amendment to focus the program on schools in
which at least 50 percent of their students are in poverty.
In addition, because qualified and well-prepared teachers
are critical to improving student achievement, we hope that a
compromise can be reached on the amendment proposed by Senator
Reed to set a funding bar under Title I for professional
development at the district level at 10 percent.
Although the Committee bill includes a strong definition of
professional development, it does not include language to
ensure that recruitment activities are of the same high
quality. It does little good to recruit teachers into schools
and train them if we cannot retain them in the profession.
Fifty percent of urban educators leave the profession within 5
years. We want to ensure that federal funds support only those
recruitment programs that are linked to or include activities
that are proven effective in retaining teachers.
The key elements for effective teacher retention were laid
out by the National Commission on Teaching and America's Future
in 1996. Effective programs organize professional development
around standards for teachers and students; provide a year
long, pre-service internship; include mentoring and strong
evaluation of teacher skills; and offer stable, high quality
professional development.
Title II would be strengthened by including Senator
Wellstone's amendment to ensure that any teacher recruitment
programs funded by Federal dollars incorporate high quality
retention practices, and we hope it will receive bipartisan
support on the floor.
There is widespread agreement that a good principal is the
keystone of a good school. However, there is great concern that
the supply of quality principals may not meet the increasing
demand for quality school leadership. Moreover, principals
often lack opportunities for high-quality professional
development. Too often, such development is in the form of one-
day workshops not geared to the needs of most principals. We
must do all we can to provide opportunities for mentoring and
professional development for principals--and it must be of high
quality, readily available, and geared toward the practical
needs of principals as instructional leaders.
We are pleased that the committee bill includes a National
School Leadership program, which allows the Secretary to award
grants for professional development activities for principals
to develop and enhance their leadership skills. However, we
need to do more if we are to send a strong signal to the
Nation's communities that we will help provide stronger school
leaders in every school. We hope that the bill will be
strengthened by adding requirements for resources to be spent
on professional development and leadership activities for
principals, and including principals in professional
development activities, as appropriate, throughout Title II.
We should do all we can to ensure a qualified teacher in
every classroom and a qualified principal in every school,
particularly for the neediest children.
Expanding 21st Century Community Learning Centers
By providing high quality after-school, weekend, and summer
programs, 21st Century Community Learning Centers keep children
safe, help parents work, and expand children's learning
opportunities. Yet, demand for these programs continues to
outpace supply. According to a report from the U.S. Census
Bureau last year, almost 7 million children aged 5 to 14 are
left unsupervised on a regular basis during the after-school
hours.
Research shows that children who are home alone after
school hours report higher use of alcohol, cigarettes, and
marijuana. Nearly 45 million children ages 14 years and younger
are injured in their homes every year and most unintentional,
injury-related deaths occur when children are out of school and
unsupervised. Children home alone after school are also more
likely to be victims of crime or to commit crimes themselves.
Violent crimes by juveniles--murder, sexual assault, robbery
and aggravated assault--peak between 3:00 p.m. and 6:00 p.m.
The rate of juvenile violence during those hours is four times
the rate during the standard teenage curfew hours of 10:00 p.m.
to 6:00 a.m.
Yet, despite the overwhelming evidence of need for more and
better quality after-school alternatives, the Department of
Education had sufficient resources last year to fund only 310
of the over 2,000 applications it received under the 21st
Century Community Learning Centers program. More than 1,000
high-quality applications went unfunded.
Given the critical shortage of high-quality after-school
programs, we are pleased that the Committee voted unanimously
to accept an amendment by Senator Dodd to increase the
authorization for the 21st Century Community Learning Centers
program from $846 million to $1.5 billion.
With $1.5 billion in funding, over 2.1 million children
across the nation would be provided extended learning
opportunities in safe environments--approximately one million
more children than can now be served. This level of investment
would eliminate as much as a quarter of the Nation's ``latch-
key'' crisis. Although the amendment that was accepted is an
authorization increase, and funding is still subject to annual
appropriations, the Committee's unanimous approval of Senator
Dodd's amendment sends a strong signal to the Administration
and to the Appropriations Committee that the Committee places a
high priority on funding for this program.
We are also pleased that the Committee reached agreement
during the Executive Session on allowing community-based
organizations to apply for grants under the 21st Century
Community Learning Centers program. Under the agreement, an
equal priority will be given to applications from the following
applicants: Title I-eligible schools; joint applications from
community-based organizations and Title I-eligible schools; and
community-based organizations serving Title I schools.
Importantly, the agreement also provides that the locus of 21st
Century Community Learning Centers programs will remain in
public schools, unless the Secretary determines, on a case-by-
case basis, that requiring a particular program to operate in a
school would undermine the program's effectiveness or limit its
accessibility. In addition, it will clarify that a primary
purpose of the 21st Century Community Learning Centers program
is to enhance and increase extended learning time for students
so that all children can meet high standards of achievement.
Increasing authorization of appropriations for Title I, Part A
We are pleased that the Committee increased the
authorization level for grants to local educational agencies
under Title I, Part A to $15 billion for fiscal year 2002. But,
we are disappointed that the Committee did not accept Senator
Dodd's amendment to provide annual increases in the
authorization levels for Title I over the next 7 years in order
to reach full funding by fiscal year 2008. We believe that in
this area, the Committee abdicated its responsibility to help
ensure that all children meet high standards of achievement.
Title I grants to local educational agencies are the
primary method by which Congress helps low-income schools
provide services to educationally at-risk students to enable
them to meet challenging academic standards. It also helps
States and communities to close the achievement gap between
low-income and high-income schools, and turn around failing
schools.
Studies have shown that 80 percent of low-income school
districts report that Title I is driving school reform and that
reading and math performance has improved in low-income
schools. The Department of Education's National Assessment of
Title I--which was done in consultation with an independent
review panel--found that since 1992, national reading
performance has improved for 9-year olds in the highest poverty
public schools and math achievement also has improved among
students in the highest poverty public schools.
Other studies show that since the 1994 reauthorization of
ESEA, students receiving Title I services have increased their
reading achievement in 21 of 24 urban districts studied, and
increased their math achievement in 20 of 24 urban districts
studied. Nevertheless, a significant gap remains between
student achievement in low-income schools and high-income
schools.
The Committee bill would impose significant testing and
accountability measures to help states and schools close this
gap. We agree that it is important to measure student progress
and hold States and schools accountable, but testing and
accountability are not the reforms themselves. We must provide
schools with the necessary resources to implement reforms, such
as more intensive supplemental instruction and new research-
based curricula.
However, Congress provides sufficient funding to meet only
one-third of the need, as defined by the Title I formula. So,
not only does Title I not serve all eligible children, but
local educational agencies that receive Title I funds receive
only about one-third of the amount that Congress has determined
is necessary to help them close the achievement gap.
Senator Dodd's amendment, although subject to annual
appropriations, would have sent a strong signal that the
Committee believes that Congress' goal must be to provide
schools with the resources they need to provide all children
with the education they need and deserve, and it should be a
top national priority.
Meeting the needs of children with limited English proficiency
The Committee bill marks a step forward in providing for
the academic achievement of limited English proficient (LEP)
students, and ensuring that these children are not left behind.
Over the past decade, the Nation's overall school enrollment
has grown by 14 percent. Over the same period, the LEP student
population in our schools has grown by 104 percent, and LEP
children now number over 3.5 million of the nation's
schoolchildren. As this population grows, so too grows the need
of the Nation's schools to ensure the academic success of LEP
children.
Democrats are pleased with provisions relating to LEP
children in Title I, and view the disaggregation requirements
included in the bill's accountability provisions as critical to
ensuring that LEP students are not overlooked as states
determine adequate yearly progress. Under the bill, states will
set annual, numerical goals for the progress of LEP children,
ensuring that schools no longer depend on average student
achievement data in the aggregate to determine academic
progress. These new provisions are critical to closing the
achievement gap between LEP children and their English-speaking
peers.
Democrats are also pleased that the bill maintains and
strengthens the Bilingual Education Act, and streamlines
existing bilingual education programs while incorporating
additional accountability measures for achievement in all
academic content areas, as well as proficiency in English. We
are pleased that provisions under Title III target funds to
areas with large LEP student populations, and also provide
assistance to areas that have limited or no experience in
serving such populations.
Closing the digital divide
Educational technology can enhance the classroom
environment in ways that were unimaginable only a decade ago
and can help students develop independent thinking and problem
solving skills. We are pleased that the BEST Act includes a
substantial investment in this important priority, and includes
Senator Mikulski's national education goal to close the digital
divide. We are also pleased with the requirement in the
Committee bill that states and districts set aside 30 percent
of technology funds for professional development for teachers.
Our investment in technology infrastructure in schools will not
be realized unless we ensure that teachers know how to use this
important learning tool.
Despite significant gains in technological capacity and
connectivity, schools serving low-income children continuously
lag behind in understanding how to integrate technology
effectively into the curriculum. This ``digital divide'' is an
issue of growing concern across the country. Children who are
not exposed to technology and taught how to use it are at a
disadvantage in their education and in the workplace. We know
that low-income and minority students are less likely to own
computers at home, making the accessibility of technology at
school even more critical for these children. Also, many rural
districts face challenges that technology is helping them to
overcome. For example, districts that could never offer
Advanced Placement or foreign language courses in the past are
now able to do so through distance learning. Because of the
federal government's special obligation to provide extra
resources to our most disadvantaged children, we are pleased
that the Committee accepted Senator Murray's amendment to
target funds for technology to high-poverty districts, and to
ensure an equitable distribution of funds among rural and urban
districts. When faced with a digital divide, it is not time to
abandon this role, but to reinforce it by ensuring federal
dollars go where they are most needed. We also favor a federal
commitment to research and development so that new innovations
in the use of technology can continue to enrich the learning
experiences of the Nation's children.
Improving school and community safety
We are pleased that the bipartisan Safe and Drug-Free
Schools and Communities Act, authored by Senator DeWine,
Senator Dodd, and Senator Murray, is included in the Committee
bill. Changes made to the act focus on improving accountability
and enhancing the effectiveness of this program. The
legislation requires states and schools to adhere to the
``Principles of Effectiveness'' in the design, implementation,
and evaluation of their programs. The bill also increases
federal coordination, while providing states with the
flexibility to better target these dollars.
We are pleased with the adoption of Senator Wellstone's
amendment concerning domestic violence and child abuse.
Domestic violence and child abuse both are causes and
predictors of juvenile violence, so this addition will
significantly enhance the Safe and Drug-Free Schools and
Communities Act. We also are pleased with the adoption of
Senator Sessions' amendment concerning violence-prevention
training and other allowable uses of funds.
Increasing parental involvement
Research shows that regardless of economic, ethnic, or
cultural background, parental involvement is a major factor in
determining a child's academic success. Parental involvement
contributes to better grades and test scores, higher homework
completion rates, better attendance, and greater discipline. We
are pleased that the bill takes many steps to bolster the
existing parental involvement provisions in ESEA.
In particular, the bill ensures that families of children
in Title I schools can: access information on their children's
progress and the performance of their children's school in
terms they can understand; involves parents in school support
teams to help in the process of turning around failing schools;
ensures that parents are involved in violence and drug
prevention programs so they can reinforce the safe and drug-
free message at home; requires states to collect and
disseminate information about effective parental involvement
practices; requires states and districts to annually review
parental involvement activities of districts and schools to
ensure the activities are effective; and requires technical
assistance for Title I schools and districts that are having
problems implementing parental involvement activities.
We are also pleased that amendments proposed by Senator
Reed to further strengthen parental involvement in the bill
will be adopted as the bill moves to the Senate floor. These
amendments support and encourage the use of technology to
enhance parental involvement activities; add to the definition
of professional development activities that encourage and
enhancethe ability of teachers to provide instruction on how to
work with and involve parents; add a requirement that districts
describe how they will provide training to enable teachers to
involve parents in their child's education; and revise the
definition of parental involvement.
But the bill does not go far enough. Too often, states,
districts, and schools fail to adequately inform and involve
parents because they lack the funding to do so. We are
disappointed that Senator Reed's amendment, which would provide
the needed resources, accountability, and flexibility to ensure
that parental involvement activities are actually carried out,
was not passed. Senator Reed's amendment would provide $500
million to school districts, with strict accountability
measures, to supplement and support recognized and proven
initiatives that improve student achievement through parental
involvement. In addition, the amendment would require states
seeking funding under ESEA to: (1) describe, implement, and
evaluate parental involvement policies and practices; and (2)
provide public notice of its parental involvement policies in a
manner and language understandable to parents, and to provide
the opportunity for parents and others to comment on such
policies.
This amendment is critical, particularly in light of the
bill's new requirement to test all students in grades 3 through
8 every year. Given the proven connection between increased
student achievement and parental involvement, we should not
pass up this opportunity to provide all schools, teachers, and
parents with the tools to increase parental involvement. As the
bill moves to the floor, we urge the addition of these
provisions.
Addressing the social, health, and other needs of children
Beyond academic concerns, we recognize that children bring
many social, health, and mental health problems to school that
interfere with their ability to learn. Before children can turn
their full attention to school, their basic needs must be met.
Therefore, we are disappointed that the bill eliminates
coordinated services under title XI and eliminates the
Elementary School Counseling Demonstration Program.
We are also disappointed that the Committee bill does not
include Senator Reed's amendment which would authorize school-
community partnerships to provide children and families with
links to existing community prevention and intervention
services such as child care, health, mental health, nutrition,
family support, literacy, parenting skills, and dropout
prevention. Such services exist in a fragmented fashion in many
communities, and families which would otherwise be eligible to
receive the services cannot obtain them without coordination at
a site housed under one familiar roof--their child's school.
The coordination of these services not only removes barriers to
a successful education, but promotes the overall health and
well-being of the student as well. Without this amendment,
along with Senator Harkin's amendment to establish and expand
effective counseling programs in elementary and secondary
schools, we will not achieve the improved academic results this
bill demands.
Undermining accountability, targeting, and reform through block grants
Senator Frist offered and withdrew an amendment to
authorize Straight A's block grants. We believe that Straight
A's would have undermined the bill, and created a tangled web
of administrative chaos and policies that undermine national
priorities in education, such as reducing class size, improving
teacher quality, and closing the digital divide.
Block grants undermine the targeting of resources to the
neediest students and eliminate critical accountability
provisions that help ensure better results for all children.
The Straight A's proposal undermines the tough accountability
and testing requirements championed by President Bush. While we
support greater flexibility in education funding and the
consolidation of many existing programs, block grants are the
wrong direction for education, and do nothing to spur change in
public schools.
Straight A's block grants are anti-local control, anti-accountability,
and pro-status quo
The Academic Achievement for All Act--``Straight A's''--
abandons the national commitment to help the nation's most
disadvantaged children get a good education through proven
effective reforms of public schools. The amendment would give
states a blank check for over $12 billion in current funding
and over $22 billion in funding under the BEST Act--and then
turns its back on holding states accountable for results.
History shows that block grants haven't worked--and they
won't work now. Block grants eliminate accountability. A 1997
study by the Center on Budget and Policy Priorities found that
the Maternal and Child Health Block Grant suffered from lack of
accountability and illustrated the difficulty of tracking how
states use funds and how many children were reached. Under the
Straight A's proposal, states are not held accountable for
educational results until after 5 years. By that time, many
students will have lost five years of potential gains in
student achievement.
Under the amendment, states must only demonstrate statewide
performance. They can ignore individual failing schools if a
few schools excel--and increase the statewide average. A state
could demonstrate statewide overall progress based on progress
by wealthier communities, while a lack of progress in
disadvantaged communities remains statistically hidden. States
should have to demonstrate progress in student achievement in
each school and each district, so that no community or child is
left behind. This amendment is in direct conflict with
President Bush's initiatives and the BEST Act provisions for
annual accountability for improvement for disaggregated groups
of children at the school, district, and state levels, annual
report cards, rewards and sanctions based on annual progress,
and for new annual tests.
In addition, the accountability provisions in the
Republican block grant proposal are oflittle significance. If
states fail to make progress, the only required response is to
prohibit the state from participating in the block grant
program. Even this weak repercussion is unlikely to be
implemented, because the states define progress without any
federal or local input or general legislative parameters. Under
the BEST Act, states set goals for student performance, but
these goals are reviewed by the Secretary of Education and must
be set within the context of the goal that all students attain
proficiency within 10 years. Annual, numeric goals must be set
for improved performance, as well as separate goals for low-
income and minority students, in order to ensure that
achievement gaps are eliminated. If schools or districts fail
to meet these goals, districts and states, respectively, must
take action to assist the school or district, and supplemental
resources are provided. Research-based school improvement
strategies must be implemented. If the school or district
continues to fail, sanctions are imposed.
But under Straight A's, none of these requirements apply.
There is no real accountability for closing the achievement gap
in the Republican block grant proposals. Although the proposals
require states to set goals for certain groups, as mentioned
above, goals for student performance are set at the state level
and there is little consequence for failure. In addition, the
proposal would free participants from requirements in current
law to include all students in state assessments. Under the
Republican block grant proposal, ``all students'' is defined as
``all students attending public or charter schools that are
participating in the state's assessment system.'' There are no
provisions requiring states to include all students in that
assessment system. Therefore, a state could exclude students
from assessments without any accountability for their
performance.
Block grants threaten funding for education. Historically,
Congress increases funding for programs targeted on national
priorities, not block grants. This is no time to reduce our
investment in education. We should increase it. According to a
1995 GAO study, total funding for nine block grants created in
1981 declined by 12 percent, or $1 billion, in 1982. Funding
for title VI (formerly Chapter 2) has decreased by 50 percent
since FY82, when the block grant was created. In FY82, $708
million (in 1999 dollars) was appropriated for the programs. In
FY99, $375 million was appropriated.
In contrast, because Title I, technology, and other Federal
programs are targeted to important national priorities,
appropriations for these programs have increased over time. For
example, funding for Title I has almost doubled since FY82,
from $4.1 billion (in FY99 dollars) to $7.9 billion in fiscal
year 2000. Unfortunately, even with the increases, these
programs are still underfunded.
In addition, some of the programs that were originally
consolidated, such as grants for professional development,
magnet schools, and gifted and talented education, were later
re-created as separate Federal programs. After submerging these
programs in a block grant, Congress--on a bipartisan basis--
decided that these needs were not being met at the state and
local levels and remained priorities of national importance.
Block grants leave the door open for waste and abuse--and
provide no focus on proven effective strategies to improve
schools. Last year, Senator DeWine, in urging increased
accountability measures, noted the poor history of states and
local districts in spending Safe and Drug-Free Schools and
Communities funds; he characterized those dollars as being
``raided'' for pet projects or to support ineffective methods.
School districts and schools could use scarce public tax
dollars to support fads and gimmicks with no basis in research
or proven practice. They could even use the money to support
the football team, to buy computer games, or to buy new office
furniture, if they decide that these uses serve ``educational
purposes.'' In short, the Act provides no assurance that
federal funds will go to improve instruction and teacher
quality, strengthen curriculum, reduce class size, provide
extended learning opportunities, or support other proven
strategies for helping all students learn to high standards.
Under Straight A's, there is no accountability at the
school district or school level. Only the state must show that
it has substantially--not entirely--met its own goals. If a
state does not partially meet its goals, the only penalty is
that after five years, it can no longer block grant the
programs. There is no requirement for reporting at the district
or school level on progress in improving student achievement,
and there is no requirement for helping to improve low-
performing schools.
History also shows that block grants allow the misdirection
of funds. When states and localities received billions of
dollars in the tobacco settlement, we heard their good
intentions to use the funds to improve health care and stop
children from smoking. Some state and local officials have kept
that commitment. But many others have succumbed to the pressure
to use the tobacco funds to build new sidewalks, provide new
tax breaks, build new prisons, and, in the case of Los Angeles,
pay the legal settlement costs in the recent police corruption
cases. The tobacco funds do not have the limitations that would
apply to this education bill. But we all know that there will
be large pressures on the states to use the education block
grant proposed in this bill for activities that do very little
to enhance the quality of public schools.
The block grants authorized by the amendment harken back to
mistakes made during the early days of Title I. A 1969 report
on how the 1965 Title I program funds were spent--when Title I
was a state block grant--shows that states seriously misused
the funds. State bureaucracies were fattened with funds that
were supposed to go to schools. States and districts used funds
to purchase football and band uniforms. Some purchased swimming
pools. We cannot afford to go back to those days. We must
insist that Federal funds are spent on improving the academic
achievement of all students.
Block grants also undermine targeting to disadvantaged
communities. The Straight A's program holds school districts
harmless for the amount of funding they received under Title I
inthe previous year. Therefore, any new money appropriated
could be reallocated to wealthier districts and schools. Needy
districts would no longer be assured the additional funding
they should get due to increased enrollments of poor children.
In addition, the amendment does not protect any within-district
targeting provisions under Title I. At FY2001 funding levels
other than title I, over $4.3 billion could be spent in any
district without a single dime going to needy schools.
We acknowledge the pressures that state governments face in
funding education. But we know that States don't target
resources to the neediest schools and children who need
additional help. Federal funds are significantly more targeted
to low-income children than state funds. A recent General
Accounting Office (GAO) report found that state formulas are
less targeted on high-need children and school districts than
federal formulas. GAO found that states provide an additional
62 cents for each needy child for every dollar for all
children, while the federal investment provided $4.73 per poor
child for every dollar for all children.
The Straight A's program also undermines local control. The
amendment concentrates educational decision-making at the state
level. By authorizing the state to decide whether it will enter
into a performance agreement, the Act gives the state ultimate
authority to determine the parameters of the agreement,
including which schools and school districts will receive funds
and how funds may be spent. Far from giving local districts
flexibility, as policies and waiver provisions under current
law have, Straight A's would increase the power of governors
over local education policy at the expense of local districts,
local school officials, and parents.
Proponents of Straight A's argue that block grants are
needed to return control of education to local communities. The
reality is that there is already significant local control of
education, and the 1994 ESEA reauthorization provided even more
flexibility to local authorities in how they spend Title I
dollars. States and communities provide 92 percent of funding
for education. The federal government--which provides only 8
percent of all K-12 education funding--cannot run local
schools. What Washington can do, however, is help local
communities meet education reform priorities when their budgets
are stretched too thin. Washington can also target scarce
public tax dollars on areas of national need, serve as a strong
partner in education reform, and help establish a system that
holds all officials accountable for children's academic
progress.
GAO found that for major federal elementary and secondary
education programs, the Department of Education sent over 99
cents of every dollar to states, and states, in turn, sent 94
cents to local school districts. There is no massive waste or
federal bureaucracy in federal education programs.
The Straight A's block grants also deny special populations
of students guaranteed help for meeting high standards.
Migrant, homeless, and immigrant students would no longer be
assured the extra help they need to stay in school and succeed
in school.
States could use the money for any ``educational
purposes,'' including private school vouchers that would drain
funds away from public schools. In the Committee mark up last
year, Senator Gregg confirmed that funds under Straight A's
could be used to support private school vouchers if a state
approved them. Billions of public tax dollars could be diverted
to private and religious schools, with no accountability for
raising students' academic achievement. This diversion would
represent a major shift in priorities for the role of the
federal government in education.
Finally, Straight A's abdicates our responsibility in a
reauthorization to examine and improve federal efforts. If
there are issues with federal programs, we should fix them--not
just hand them off to the states and local communities.
We would have staunchly opposed the Straight A's amendment
in Committee had it been offered, and we will oppose it if it
is offered on the floor.
Undermining standards-based reform under Title I and diverting scarce
public dollars from needy public schools to private schools
through vouchers
Currently, Title I is funded at approximately $8.6 billion,
only one-third of the level needed to fully fund the program.
We are pleased that the Committee maintained Senator Dodd's
amendment to increase the Title I authorization from $10
billion to $15 billion that was adopted unanimously last year.
However, at the same time that we signaled strong support for
the program and standards-based reform, Senator Gregg's
amendment to make Title I ``portable'' would have undermined
them.
The portability proposal gives students and parents false
hope by promising increased educational support for low-income
students. ``Portability'' under Senator Gregg's amendment would
allocate a per-child share of Title I funds to virtually every
school in a district, regardless of whether a school contains
the concentration of need presently required to receive a Title
I allocation. Because Title I funding levels are only
sufficient to serve about one-third of eligible students, this
provision would result in an immediate and drastic cut in the
level and quality of supplementary educational services
provided to low-achieving children.
Under portability, the targeting of Title I funds on
schools and pupils with the greatest need for assistance would
be substantially reduced. Districts in the highest poverty
quartile currently receive 43 percent of Title I funds, but
only 23 percent of state and local funds. This amendment would
enable states to distribute Title I funds in a way that creates
further inequities in spending and result in a significant
reduction in Title I resources for the neediest recipients and
the highest poverty schools.
For decades, Congress has recognized that schools enrolling
high concentrations of children living in poverty face the most
difficult challenges, and are much more likely to have higher
proportions of children who are failing to meet state academic
standards. As a result, Title I grants have been historically
concentrated on the higher poverty schools, and they should
continue to be targeted in this way if they are to address the
greatest needs. If Title I funds are dispersed among public
schools regardless of need, or to numerous private outside
providers, the program will not be able to function as
intended. The solution to ensuring that all eligible children
are served by Title I is not an unworkable portability scheme,
but it is for Congress to fully fund Title I. The Congressional
Research Service has estimated that it would cost over $24
billion to fully serve all eligible children--three times the
current funding level.
Redistributing funds through portability hurts poor
children. The Congressionally-mandated Prospects Study strongly
suggests that the need for Federal assistance is greatest in
schools with high concentrations of poverty. As shown before,
children can be given more public school choice, without
destroying the targeting of funds to schools with high
concentrations of poverty.
Portability would also provide too little money to purchase
educational services on an individual basis, or in schools with
small numbers of Title I students. When funds are combined and
concentrated on a substantial number of low-income pupils,
however, they are far more effective. In fact, the bill already
recognizes this important fact. Section 1001 (Statement of
Purpose) states that one of the purposes of Title I is
accomplished by ``. . . distributing resources sufficient to
make a difference to local education agencies and schools where
the needs are greatest.'' Under Senator Gregg's amendment, if
students opt to take their allotment to an outside provider,
what happens to the students who remain in the original school?
The school will not be able to maintain the same level of
services with only a fraction of what it had been receiving.
Further, what if a parent requests supplemental services from
an outside provider but also elects to stay in the home school
and continue to receive Title I services there?
Portability undermines reform. Since the 1994
reauthorization, states, districts and schools have been
restructuring their Title I programs with a focus on helping
all children achieve to high state standards. The National
Assessment of Title I reports that these changes are beginning
to show results and are contributing to increased student
achievement. Portability would wreak havoc on this process by
disrupting program funding in current Title I schools. The
current average Title I per-pupil expenditure of $775 can
provide a significant amount of resources and services, but
only if combined to help a substantial number of students in a
school. Tying Title I dollars to individual students diminishes
the benefits and success of schoolwide programs and research-
based school reform models.
Portability reduces or eliminates Title I program
accountability for the achievement of eligible students.
Current provisions hold schools accountable for improved
student achievement. Under this proposal, parents of eligible
children could use their Title I funds to purchase
supplementary educational services from a wide variety of
providers, including private and religious schools and for-
profit businesses. There is no mechanism to ensure such
providers provide quality services to children, and no
accountability measures are required of these providers.
Portability also opens the door to private school vouchers,
at a time when courts are again rejecting these questionable
policies enacted at the state and local levels. Public schools
would be required at the request of parents to contract with a
tutorial assistance provider, which could include private and
religious schools and other religious entities. The proposal
would allow public money to pay such entities for provision of
private educational services. Since the public school
administers the program, will the public school also be
responsible for assuring that a child's academic achievement is
improving, even if the students are receiving services at
nonpublic schools?
Portability doesn't guarantee any child a better education.
Allowing children to take their portable grant to a private
school or an off-campus after-school program does not
necessarily mean they will receive a better education. Unless
private schools are required to publicly report student
achievement data in the same manner as public schools, we have
no information regarding the quality of education in those
schools. It would be irresponsible to send public dollars into
``mystery'' institutions of questionable quality.
We know that standards-based reform and schoolwide programs
are making a difference. For example, approximately 80 percent
of the students at Baldwin Elementary School in Boston,
Massachusetts are identified as low income and many of the
students are recent immigrants. With a strong focus on
professional development and high standards and with Title I
funds, test scores increased substantially from 1996 to 2000
when 96 percent of third graders and 91 percent of fifth
graders passed the reading test. Sixty percent of third graders
and 39 percent of fifth graders scored at the proficient or
advanced levels.
At Gladys Noon Spellman Elementary in Cheverly, Maryland,
in 1994, only 17 percent of third graders scored at or above
the satisfactory level on the state test. Title I funds were
used to implement reform. Each teacher was paired with another
staff member to provide small group instruction during a 90
minute reading and language arts block in the mornings. All
staff utilized their specialties as a basis for language
instruction and were provided with professional development. By
1999, 73 percent of third-graders performed at or above
satisfactory on the state test.
Democrats strongly believe that Title I and other Federal
programs should be focused on the neediest students, and should
provide consequences for failure. Portability and voucher
schemes undermine those efforts and support the status quo.
We believe that we must change the status quo for children
attending failing schools. We must invest additional resources
in programs that work to improve student achievement. We must
hold schools, districts, and states accountability for better
results. We must require schools to change when they are
failing their students and to offer parents public school
choice options. The Committee bill meets these goals. We should
strengthen school reform, not undermine it.
Conclusion
The Committee bill represents important progress in
strengthening and improving public schools in every community.
This progress includes a strong federal helping hand,
accountability for results, targeting to the neediest
communities, and a clear focus on priority areas of national
need. The nation's children deserve no less.
Edward M. Kennedy.
Tom Harkin.
Jeff Bingaman.
Patty Murray.
John Edwards.
Christopher J. Dodd.
Barbara A. Mikulski.
Paul D. Wellstone.
Jack Reed.
Hillary Clinton.
X. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
BETTER EDUCATION FOR STUDENTS AND TEACHERS ACT
* * * * * * *
SECTION 1. [20 U.S.C. 6301 NOTE] [TABLE OF CONTENTS] SHORT TITLE.
* * * * * * *
SEC. 2. PURPOSE.
It is the purpose of this Act to support programs and
activities that will improve the Nation's schools and enable
all children to achieve high standards.
SEC. 3. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Average daily attendance.--
(A) In general.--Except as provided otherwise
by State law or this paragraph, the term
``average daily attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during such school year.
(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership or
such other data.
(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for
purposes of this Act--
(i) consider the child to be in
attendance at a school of the agency
making such payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving such payment.
(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at
a school of the agency making such payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such
preceding year.
(3) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(4) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(5) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 5505.
(6) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 5505.
(7) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 5502.
(8) Consolidated state plan.--The term ``consolidated
State plan'' means a plan submitted by a State
educational agency pursuant to section 5502.
(9) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
(10) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) part C of title I;
(C) part C of title II;
(D) part A of title IV (other than section
4114); and
(E) subpart 4 of part B of title V.
(11) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
subpart 4 of part B of title V.
(12) Department.--The term ``Department'' means the
Department of Education.
(13) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
(14) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
(15) Free public education.--The term ``free public
education'' means education that is provided--
(A) at public expense, under public
supervision and direction, and without tuition
charge; and
(B) as elementary school or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
(16) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
(17) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965.
(18) Local educational agency.--
(A) In general.--The term ``local educational
agency'' means a public board of education or
other public authority legally constituted
within a State for either administrative
control or direction of, or to perform a
service function for, public elementary schools
or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or for such combination
of school districts or counties as are
recognized in a State as an administrative
agency for the State's public elementary or
secondary schools.
(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary school or
secondary school.
(C) BIA schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Affairs but only to the
extent that such inclusion makes such school
eligible for programs for which specific
eligibility is not provided to such school in
another provision of law and such school does
not have a student population that is smaller
than the student population of the local
educational agency receiving assistance under
this Act with the smallest student population,
except that such school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian Affairs.
(19) Mentoring.--The term ``mentoring'', when used
with respect to mentoring other than teacher mentoring,
means a program in which an adult works with a child or
youth on a 1-to-1 basis, establishing a supportive
relationship, providing academic assistance, and
introducing the child or youth to new experiences that
enhance the child or youth's ability to excel in school
and become a responsible citizen.
(20) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
(21) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
for the purpose of section 1121 and any other
discretionary grant program under this Act, the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(22) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis.
(23) Parental involvement.--The term ``parental
involvement'' means the participation of parents on all
levels of a school's operation, including all of the
activities described in section 1118.
(24) Public telecommunications entity.--The term
``public telecommunication entity'' has the same
meaning given to such term in section 397 of the
Communications Act of 1934.
(25) Pupil services personnel; pupil services.--
(A) Pupil services personnel.--The term
``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as such term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
(B) Pupil services.--The term ``pupil
services'' means the services provided by pupil
services personnel.
(26) Scientifically based research.--The term
``scientifically based research'' used with respect to
an activity or a program, means an activity based on
specific strategies and implementation of such
strategies that, based on theory, research and
evaluation, are effective in improving student
achievement and performance and other program
objectives.
(27) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
State law, except that such term does not include any
education beyond grade 12.
(28) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(29) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(30) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
(31) Teacher mentoring.--The term ``teacher
mentoring'' means activities that--
(A) consist of structured guidance and
regular and ongoing support for beginning
teachers, that--
(i) are designed to help the teachers
continue to improve their practice of
teaching and to develop their
instructional skills; and
(ii) as part of a multiyear,
developmental induction process--
(I) involve the assistance of
a mentor teacher and other
appropriate individuals from a
school, local educational
agency, or institution of
higher education; and
(II) may include coaching,
classroom observation, team
teaching, and reduced teaching
loads; and
(B) may include the establishment of a
partnership by a local educational agency with
an institution of higher education, another
local educational agency, a teacher
organization, or another organization.
(32) Technology.--The term ``technology'' means
state-of-the-art technology products and services, such
as closed circuit television systems, educational
television and radio programs and services, cable
television, satellite, copper and fiber optic
transmission, computer hardware and software, video and
audio laser and CD-ROM discs, video and audio tapes,
web-based learning resources, including online classes,
interactive tutorials, and interactive tools and
virtual environments for problem-solving, hand-held
devices, wireless technology, voice recognition
systems, and high-quality digital video, distance
learning networks, visualization, modeling, and
simulation software, and learning focused digital
libraries and information retrieval systems.
[TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
[SEC. 1001. [20 U.S.C. 6301] DECLARATION OF POLICY AND STATEMENT OF
PURPOSE.
[(a) Statement of Policy.--
[(1) In general.--The Congress declares it to be the
policy of the United States that a high-quality
education for all individuals and a fair and equal
opportunity to obtain that education are a societal
good, are a moral imperative, and improve the life of
every individual, because the quality of our individual
lives ultimately depends on the quality of the lives of
others.
[(2) Additional policy.--The Congress further
declares it to be the policy of the United States to
expand the program authorized by this title over the
fiscal years 1996 through 1999 by increasing funding
for this title by at least $750,000,000 over baseline
each fiscal year and thereby increasing the percentage
of eligible children served in each fiscal year with
the intent of serving all eligible children by fiscal
year 2004.
[(b) Recognition of Need.--The Congress recognizes that--
[(1) although the achievement gap between
disadvantaged children and other children has been
reduced by half over the past two decades, a sizable
gap remains, and many segments of our society lack the
opportunity to become well educated;
[(2) the most urgent need for educational improvement
is in schools with high concentrations of children from
low-income families and achieving the National
Education Goals will not be possible without
substantial improvement in such schools;
[(3) educational needs are particularly great for
low-achieving children in our Nation's highest-poverty
schools, children with limited English proficiency,
children of migrant workers, children with
disabilities, Indian children, children who are
neglected or delinquent, and young children and their
parents who are in need of family-literacy services;
[(4) while title I and other programs funded under
this Act contribute to narrowing the achievement gap
between children in high-poverty and low-poverty
schools, such programs need to become even more
effective in improving schools in order to enable all
children to achieve high standards; and
[(5) in order for all students to master challenging
standards in core academic subjects as described in the
third National Education Goal described in section
102(3) of the Goals 2000: Educate America Act, students
and schools will need to maximize the time spent on
teaching and learning the core academic subjects.
[(c) What Has Been Learned Since 1988.--To enable schools
to provide all children a high-quality education, this title
builds upon the following learned information:
[(1) All children can master challenging content and
complex problem-solving skills. Research clearly shows
that children, including low-achieving children, can
succeed when expectations are high and all children are
given the opportunity to learn challenging material.
[(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment,
violence, inadequate health care, child abuse, and drug
and alcohol abuse can adversely affect children's
academic achievement and must be addressed through the
coordination of services, such as health and social
services, in order for the Nation to meet the National
Education Goals.
[(3) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate
information about what children know and can do and
encourages curricula and instruction that focus on the
low-level skills measured by such tests.
[(4) Resources are more effective when resources are
used to ensure that children have full access to
effective high-quality regular school programs and
receive supplemental help through extended-time
activities.
[(5) Intensive and sustained professional development
for teachers and other school staff, focused on
teaching and learning and on helping children attain
high standards, is too often not provided.
[(6) Insufficient attention and resources are
directed toward the effective use of technology in
schools and the role technology can play in
professional development and improved teaching and
learning.
[(7) All partners can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
[(8) Decentralized decisionmaking is a key ingredient
of systemic reform. Schools need the resources,
flexibility, and authority to design and implement
effective strategies for bringing their children to
high levels of performance.
[(9) Opportunities for students to achieve high
standards can be enhanced through a variety of
approaches such as public school choice and public
charter schools.
[(10) Attention to academics alone cannot ensure that
all children will reach high standards. The health and
other needs of children that affect learning are
frequently unmet, particularly in high-poverty schools,
thereby necessitating coordination of services to
better meet children's needs.
[(11) Resources provided under this title can be
better targeted on the highest-poverty local
educational agencies and schools that have children
most in need.
[(12) Equitable and sufficient resources,
particularly as such resources relate to the quality of
the teaching force, have an integral relationship to
high student achievement.
[(d) Statement of Purpose.--The purpose of this title is to
enable schools to provide opportunities for children served to
acquire the acknowledge and skills contained in the challenging
State content standards and to meet the challenging State
performance standards developed for all children. This purpose
shall be accomplished by--
[(1) ensuring high standards for all children and
aligning the efforts of States, local educational
agencies, and schools to help children served under
this title to reach such standards;
[(2) providing children an enriched and accelerated
educational program, including, when appropriate, the
use of the arts, through schoolwide programs or through
additional services that increase the amount and
quality of instructional time so that children served
under this title receive at least the classroom
instruction that other children receive;
[(3) promoting schoolwide reform and ensuring access
of children (from the earliest grades) to effective
instructional strategies and challenging academic
content that includes extensive complex thinking and
problem-solving experiences;
[(4) significantly upgrading the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
[(5) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with health and social
service programs funded from other sources;
[(6) affording parents meaningful opportunities to
participate in the education of their children at home
and at school;
[(7) distributing resources, in amounts sufficient to
make a difference, to areas and schools where needs are
greatest;
[(8) improving accountability, as well as teaching
and learning, by using State assessment systems
designed to measure how well children served under this
title are achieving challenging State student
performance standards expected of all children; and
[(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance.
[SEC. 1002. [20 U.S.C. 6302] AUTHORIZATION OF APPROPRIATIONS.
[(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated $7,400,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
[(b) Even Start.--For the purpose of carrying out part B,
there are authorized to be appropriated $118,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
[(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$310,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
[(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out.--For the
purpose of carrying out part D, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
[(e) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$41,434,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
[(f) Additional Assistance for School Improvement.--For the
purpose of providing additional needed assistance to carry out
sections 1116 and 1117, there are authorized to be appropriated
such sums as may be necessary for fiscal year 1996 and each of
the three succeeding fiscal years.
[(g) Federal Activities.--
[(1) Section 1501.--For the purpose of carrying out
section 1501, there are authorized to be appropriated
$9,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
[(2) Sections 1502 and 1503.--For the purpose of
carrying out sections 1502 and 1503, there are
authorized to be appropriated $50,000,000 for fiscal
year 1995 and such sums as may be necessary for each of
the four succeeding fiscal years.
[SEC. 1003. [20 U.S.C. 6303] RESERVATION AND ALLOCATION FOR SCHOOL
IMPROVEMENT.
[(a) Payment for School Improvement.--
[(1) In general.--Except as provided in paragraph
(3), each State may reserve for the proper and
efficient performance of its duties under subsections
(c)(5) and (d) of section 1116, and section 1117, one-
half of 1 percent of the funds allocated to the State
under subsections (a), (c), and (d), of section 1002
for fiscal year 1995 and each succeeding fiscal year.
[(2) Minimum.--The total amount that may be reserved
by each State, other than the outlying areas, under
this subsection for any fiscal year, when added to
amounts appropriated for such fiscal year under section
1002(f) that are allocated to the State under
subsection (b), if any, may not be less than $200,000.
The total amount that may be reserved by each outlying
area under this subsection for any fiscal year, when
added to amounts appropriated for such fiscal year
under section 1002(f) that are allocated under
subsection (b) to the outlying area, if any, may not be
less than $25,000.
[(3) Special rule.--If the amount reserved under
paragraph (1) when added to the amount made available
under section 1002(f) for a State is less than $200,000
for any fiscal year, then such State may reserve such
additional funds under subsections (a), (c), and (d) of
section 1002 as are necessary to make $200,000
available to such State.
[(b) Additional State Allocations for School Improvement.--
From the amount appropriated under section 1002(f) for any
fiscal year, each State shall be eligible to receive an amount
that bears the same ratio to the amount appropriated as the
amount allocated to the State under this part (other than
section 1120(e)) bears to the total amount allocated to all
States under this part (other than section 1120(e)).]
SEC. 1001. STATEMENT OF PURPOSE.
The purpose of this title is to enable schools to provide
opportunities for children served under this title to acquire
the knowledge and skills contained in the challenging State
content standards and to meet the challenging State student
performance standards developed for all children. This purpose
should be accomplished by--
(1) ensuring high standards for all children and
aligning the efforts of States, local educational
agencies, and schools to help children served under
this title to reach such standards;
(2) providing children an enriched and accelerated
educational program, including the use of schoolwide
programs or additional services that increase the
amount and quality of instructional time so that
children served under this title receive at least the
classroom instruction that other children receive;
(3) promoting schoolwide reform and ensuring access
of children (from the earliest grades, including
prekindergarten) to effective instructional strategies
and challenging academic content that includes
intensive complex thinking and problem-solving
experiences;
(4) significantly elevating the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
(5) coordinating services under all parts of this
title with each other, with other educational services,
and to the extent feasible, with other agencies
providing services to youth, children, and families
that are funded from other sources;
(6) affording parents substantial and meaningful
opportunities to participate in the education of their
children at home and at school;
(7) distributing resources in amounts sufficient to
make a difference to local educational agencies and
schools where needs are greatest;
(8) improving and strengthening accountability,
teaching, and learning by using State assessment
systems designed to measure how well children served
under this title are achieving challenging State
student performance standards expected of all children;
and
(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance.
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated $15,000,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 6
succeeding fiscal years.
(b) Reading First.--
(1) Even start.--For the purpose of carrying out
subpart 1 of part B, there are authorized to be
appropriated $250,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 6 succeeding
fiscal years.
(2) Reading first.--For the purpose of carrying out
subpart 2 of part B, there are authorized to be
appropriated $900,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 6 succeeding
fiscal years.
(3) Early reading first.--For the purpose of carrying
out subpart 3 of part B, there are authorized to be
appropriated $75,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 6 succeeding
fiscal years.
(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$400,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out.--For the
purpose of carrying out part D, there are authorized to be
appropriated $50,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 6 succeeding fiscal years.
(e) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$15,000,000 for fiscal year 2002, $15,000,000 for fiscal year
2003, and $5,000,000 for fiscal year 2004.
(f) Federal Activities.--
(1) Section 1501.--For the purpose of carrying out
section 1501, there are authorized to be appropriated
$10,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 6 succeeding fiscal years.
(2) Section 1502.--For the purpose of carrying out
section 1502, there are authorized to be appropriated
$25,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 6 succeeding fiscal years.
(g) 21st Century Learning Centers.--For the purpose of
carrying out part F, there are authorized to be appropriated
$1,500,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
(h) Comprehensive School Reform.--For the purpose of carrying
out part G, there are authorized to be appropriated
$250,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
(i) School Dropout Prevention.--For the purpose of carrying
out part H, there are authorized to beappropriated $250,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 6 succeeding fiscal years, of which--
(1) 10 percent shall be available to carry out
subpart 1 of part H for each fiscal year; and
(2) 90 percent shall be available to carry out
subpart 2 of part H for each fiscal year.
SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
(a) State Reservation.--Each State educational agency shall
reserve 3.5 percent of the amount the State educational agency
receives under subpart 2 of part A for each of the fiscal years
2002 and 2003, and 5 percent of that amount for each of the
fiscal years 2004 through 2008, to carry out subsection (b) and
to carry out the State educational agency's responsibilities
under sections 1116 and 1117, including carrying out the State
educational agency's statewide system of technical assistance
and support for local educational agencies.
(b) Uses.--Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency shall make
available not less than 50 percent of that amount directly to
local educational agencies for schools identified for school
improvement, corrective action, or reconstitution under section
1116(c).
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1--Basic Program Requirements
SEC. 1111. [20 U.S.C. 6311] STATE PLANS.
[(a) Plans Required.--
[(1) In general.--Any State desiring to receive a grant
under this part shall submit to the Secretary a plan,
developed in consultation with local educational
agencies, teachers, pupil services personnel,
administrators, other staff, and parents, that
satisfies the requirements of this section and that is
coordinated with other programs under this Act, the
Goals 2000: Educate America Act, and other Acts, as
appropriate, consistent with section 14306.
[(2) Consolidation plan.--A State plan submitted
under paragraph (1) may be submitted as part of a
consolidation plan under section 143.02.
(b) Standards and Assessments.--
[(1) Challenging standards.--(A) Each State plan
shall demonstrate that the State has developed or
adopted challenging content standards and challenging
student performance standards that will be used by the
State, its local educational agencies, and its schools
to carry out this part, except that a State shall not
be required to submit such standards to the Secretary.
[(B) If a State has State content standards or State
student performance standards developed under title III
of the Goals 2000: Educate America Act and an aligned
set of assessments for all students developed under
such title, or, if not developed under such title,
adopted under another process, the State shall use such
standards and assessments, modified, if necessary, to
conform with the requirements of subparagraphs (A) and
(D) of this paragraph, and paragraphs (2) and (3).
[(C) If a State has not adopted State content
standards and State student performance standards for
all students, the State plan shall include a strategy
and schedule for developing State content standards and
State student performance standards for elementary and
secondary school children served under this part in
subjects as determined by the State, but including at
least mathematics and reading or language arts by the
end of the one-year period described in paragraph (6),
which standards shall include the same knowledge,
skills, and levels of performance expected of all
children.
[(D) Standards under this paragraph shall include--
[(i) challenging content standards in
academic subjects that--
[(I) specify what children are
expected to know and be able to do;
[(II) contain coherent and rigorous
content; and
[(III) encourage the teaching of
advanced skills;
[(ii) challenging students performance
standards that--
[(I) are aligned with the State's
content standards;
[(II) describe two levels of high
performance, proficient and advanced,
that determine how well children are
mastering the material in the State
content standards; and
[(III) describe a third level of
performance, partially proficient, to
provide complete information about the
progress of the lower performing
children toward achieving to the
proficient and advanced levels of
performance.
[(E) For the subjects in which students will be
served under this part, but for which a State is not
required by subparagraphs (A), (B), and (C) to develop,
and has not otherwise developed such standards, the
State plan shall describe a strategy for ensuring that
such students are taught the same knowledge and skills
and held to the same expectations as are all children.
[(2) Yearly progress.--
[(A) Each State plan shall demonstrate, based
on assessments described under paragraph (3),
what constitutes adequate yearly progress of--
[(i) any school served under this
part toward enabling children to meet
the State's student performance
standards; and
[(ii) any local educational agency
that received funds under this part
toward enabling children in schools
receiving assistance under this part to
meet the State's student performance
standards.
[(B) Adequate yearly progress shall be
defined in a manner--
[(i) that is consistent with
guidelines established by the Secretary
that result in continuous and
substantial yearly improvement of each
local educational agency and school
sufficient to achieve the goal of all
children served under this part meeting
the State's proficient and advanced
levels of performance, particularly
economically disadvantaged and limited
English proficient children; and
[(ii) that links progress primarily
to performance on the assessments
carried out under this section while
permitting progress to be established
in part through the use of other
measures.
[(3) Assessments.--Each State plan shall demonstrate
that the State has developed or adopted a set of high-
quality, yearly student assessments, including
assessments in at least mathematics and reading or
language arts, that will be used as the primary means
of determining the yearly performance of each local
educational agency and school served under this part in
enabling all children served under this part to meet
the State's student performing standards. Such
assessments shall--
[(A) be the same assessments used to measure
the performance of all children, if the State
measures the performance of all children;
[(B) be aligned with the State's challenging
content and student performance standards and
provide coherent information about student
attainment of such standards;
[(C) be used for purposes for which such
assessments are valid and reliable, and be
consistent with relevant, nationally recognized
professional and technical standards for such
assessments;
[(D) measures the proficiency of students in
the academic subjects in which a State has
adopted challenging content and student
performance standards and be administered at
some time during--
[(i) grades 3 through 5;
[(ii) grades 6 through 9; and
[(iii) grades 10 through 12;
[(E) involve multiple up-to-date measures of
student performance, including measures that
assess higher order thinking skills and
understanding;
[(F) provide for--
[(i) the participation in such
assessments of all students;
[(ii) the reasonable adaptations and
accommodations for students with
diverse learning needs, necessary to
measure the achievement of such
students relative to State content
standards; and
[(iii) the inclusion of limited
English proficient students who shall
be assessed, to the extent practicable,
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do,
to determine such students' mastery of
skills in subjects other than English;
[(G) include students who have attended
schools in a local educational agency for a
full academic year but have not attended a
single school for a full academic year, however
the performance of students who have attended
more than one school in the local educational
agency in any academic year shall be used only
in determining the progress of the local
educational agency;
[(H) provide individual student interpretive
and descriptive reports, which shall include
scores, or other information on the attainment
of student performance standards; and
[(I) enable results to be disaggregated
within each State, local educational agency,
and school by gender, by each major racial and
ethnic group, by English proficiency status, by
migrant status, by students with disabilities
as compared to nondisabled students, and by
economically disadvantaged students are
compared to students who are not economically
disadvantaged.
[(4) Special rule.--Assessment measures that do not
meet the requirements of paragraph (3)(C) may be
included as one of the multiple measures, if a State
includes in the State plan information regarding the
State's efforts to validate such measures.
[(5) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
assessments are not available and are needed. The State
shall make every effort to develop such assessments and
may request assistance from the Secretary if
linguistically accessible assessment measures are
needed. Upon request, the Secretary shall assist with
the identification of appropriate assessment measures
in the needed languages through the Office of Bilingual
Education and Minority Languages Affairs.
[(6) Standard and assessment development.--(A) A
State that does not have challenging State content
standards and challenging State student performance
standards, in at least mathematics and reading or
language arts, shall develop such standards within one
year of receiving funds under this part after the first
fiscal year for which such State receives such funds
after the date of enactment of the Improving America's
Schools Act of 1994.
[(B) A state that does not have assessments that meet
the requirements of paragraph (3) in at least
mathematics and reading or language arts shall develop
and test such assessments within four years (one year
of which shall be used for field testing such
assessment), of receiving funds under this part after
the first fiscal year for which such State receives
such funds after the date of enactment of the Improving
America's Schools Act of 1994 and shall develop
benchmarks of progress toward the development of such
assessments that meet the requirements of paragraph
(3), including periodic updates.
[(C) The Secretary may extend for one additional year
the time for testing new assessments under subparagraph
(B) upon the request of the State and the submission of
a strategy to correct problems identified in the field
testing of such new assessments.
[(D) If, after the one-year period described in
subparagraph (A), a State does not have challenging
State content and challenging student performance
standards in at least mathematics and reading or
language arts, a State shall adopt a set of standards
in these subjects such as the standards and assessments
contained in other State plans the Secretary has
approved.
[(E) If, after the four-year period described in
subparagraph (B), a State does not have assessments, in
at least mathematics and reading or language arts, that
meet the requirement of paragraph (3), and is denied an
extension under subparagraph (C), a State shall adopt
an assessment that meets the requirement of paragraph
(3) such as one contained in other State plans the
Secretary has approved.
[(7) Transitional assessments.--(A) If a State does
not have assessments that meet the requirements of
paragraph (3) and proposes to develop such assessments
under paragraph(6)(B), the State may propose to use a
transitional set of yearly statewide assessments that
will assess the performance of complex skills and
challenging subject matter.
[(B) For any year in which a State uses transitional
assessments, the State shall devise a procedure for
identifying local educational agencies under paragraphs
(3) and (7) of section 116(d), and schools under
paragraphs (1) and (7) of section 116(c), that rely on
accurate information about the academic progress of
each such local educational agency and school.
[(8) Requirement.--Each State plan shall describe--
[(A) how the State educational agency will
help each local educational agency and school
affected by the State plan develop the capacity
to comply with each of the requirements of
sections 1112(c)(1)(D), 1114(b), and 1115(c)
that is applicable to such agency or schools;
and
[(B) such other factors the State deems
appropriate to provide students an opportunity
to achieve the knowledge and skills described
in the challenging content standards adopted by
the State.
[(c) Other Provisions to Support Teaching and Learning.--
Each State plan shall contain assurances that--
[(1)(A) the State educational agency will implement a
system to school support teams under section 1117(c),
including provision of necessary professional
development for those teams;
[(B) the State educational agency will work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools to carry out the State educational agency's
responsibilities under this part, including technical
assistance in providing professional development under
section 1119 and technical assistance under section
1117; and
[(C)(i) where educational service agencies exist, the
State educational agency will consider providing
professional development and technical assistance
through such agencies; and
[(ii) where educational service agencies do not
exist, the State educational agency will consider
providing professional development and technical
assistance through other cooperative agreements such as
through a consortium of local educational agencies;
[(2) the State educational agency will notify local
educational agencies and the public of the standards
and assessments developed under this section, and of
the authority to operate schoolwide programs, and will
fulfill the State educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
[(3) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
[(4) the State educational agency will encourage the
use of funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs
under section 114;
[(5) the Committee of Practitioners established under
section 1603(b) will be substantially involved in the
development of the plan and will continue to be
involved in monitoring the plan's implementation by the
State; and
[(6) the State will coordinate activities funded
under this part with school-to-work, vocational
education, cooperative education and mentoring
programs, and apprenticeship programs involving
business, labor, and industry, as appropriate.
(d) Peer Review and Secretarial Approval.--
[(1) In general.--The Secretary shall--
[(A) establish a peer review process to
assist in the review and recommendations for
revision of State plans;
[(B) appoint individuals to the peer review
process who are representative of State
educational agencies, local educational
agencies, teachers, and parents;
[(C) following an initial peer review,
approve a State plan the Secretary determines
meets the requirements of subsections (a), (b),
and (c);
[(D) if the Secretary determines that the
State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify
the State of such determination and the reasons
for such determination;
[(E) not decline to approve a State's plan
before--
[(i) offering the State an
opportunity to revise its plan;
[(ii) providing technical assistance
in order to assist the State to meet
the requirements under subsections (a),
(b), and (c); and
[(iii) providing a hearing; and
[(F) have the authority to disapprove a State
plan for not meeting the requirements of this
part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's content standards or to use specific
assessment instruments or items.
[(2) Withholding.--The Secretary may withhold funds
for State administration and activities under section
1117 until the Secretary determines that the State plan
meets the requirements of this section.
(e) Duration of the Plan.--
(1) In general.--Each State plan shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(2) Additional information.--If the State makes
significant changes in its plan, such as the adoption
of new State content standards and State student
performance standards,new assessments, or a new
definition of adequate progress, the State shall submit
such information to the Secretary.
[(f) Limitation on Conditions.--Nothing in this part shall
be construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's specific instructional content
or student performance standards and assessments, curriculum,
or program of instruction, as a condition of eligibility to
receive funds under this part.
[(g) Special Rule.--If the aggregate State expenditure by a
State educational agency for the operation of elementary and
secondary education programs in the State is less than such
agency's aggregate Federal expenditure for the State operation
of all Federal elementary and secondary education programs,
then the State plan shall include assurances and specific
provisions that such State will provide State expenditures for
the operation of elementary and secondary education programs
equal to or exceeding the level of Federal expenditures for
such operation by October 1, 1998.]
SEC. 1111. STATE PLANS.
(a) Plans Required.--
(1) In general.--Any State desiring to receive a
grant under this part shall submit to the Secretary, by
March 1, 2002, a plan that satisfies the requirements
of this section and that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998, the
Adult Education and Family Literacy Act, and the Head
Start Act.
(2) Consolidation plan.--A State plan submitted under
paragraph (1) may be submitted as part of a
consolidation plan under section 5506.
(b) Standards, Assessments, and Accountability.--
(1) Challenging standards.--(A) Each State plan shall
demonstrate that the State has adopted challenging
content standards and challenging student performance
standards that will be used by the State, its local
educational agencies, and its schools to carry out this
part, except that a State shall not be required to
submit such standards to the Secretary.
(B) The standards required by subparagraph (A) shall
be the same standards that the State applies to all
schools and children in the State.
(C) The State shall have the standards described in
subparagraph (A) for all public elementary school and
secondary school children served under this part in
subjects determined by the State, but including at
least mathematics, reading or language arts, history,
and science, which shall include the same knowledge
skills, and levels of achievement expected of all
children, except that no State shall be required to
meet the requirements under this part relating to
history or science standards until the beginning of the
2005-2006 school year.
(D) Standards under this paragraph shall include--
(i) challenging content standards in academic
subjects that--
(I) specify what children are
expected to know and be able to do;
(II) contain coherent and rigorous
content; and
(III) encourage the teaching of
advanced skills; and
(ii) challenging student performance
standards that--
(I) are aligned with the State's
content standards;
(II) describe 2 levels of high
performance, proficient and advanced,
that determine how well children are
mastering the material in the State
content standards; and
(III) describe a third level of
performance, partially proficient, to
provide complete information about the
progress of the lower performing
children toward achieving to the
proficient and advanced levels of
performance.
(E) For the subjects in which students served under
this part will be taught, but for which a State is not
required by subparagraphs (A), (B), and (C) to develop
standards, and has not otherwise developed standards,
the State plan shall describe a strategy for ensuring
that such students are taught the same knowledge and
skills and held to the same expectations as are all
children.
(2) Accountability.--(A) Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide State accountability
system that has been or will be effective in ensuring
that all local educational agencies, elementary
schools, and secondary schools make adequate yearly
progress as defined under subparagraph (B). Each State
accountability system shall--
(i) be based on the standards and assessments
adopted under paragraphs (1) and (3) and take
into account the performance of all students;
(ii) be used for all schools or all local
educational agencies in the State, except that
schools and local educational agencies not
participating under this part are not subject
to the requirements of section 1116(c);
(iii) include performance indicators for
local educational agencies and schools to
measure student performance consistent with
subparagraph (B); and
(iv) include sanctions and rewards, such as
bonuses or recognition, the State will use to
hold local educational agencies and schools
accountable for student achievement and
performance and for ensuring that the agencies
and schools make adequate yearly progress in
accordance with the State's definition under
subparagraph (B).
(B) Each State plan shall demonstrate, based on
assessments described in paragraph (3), what
constitutes adequate yearly progress of the State, and
of schools and local educational agencies in the State,
toward enabling all students to meet the State's
student performance standards. Adequate yearly progress
shall be defined by the State in a manner that--
(i) applies the same high standards of
academic performance to all students in the
State;
(ii) is statistically valid and reliable;
(iii) results in continuous and substantial
academic improvement for all students;
(iv) measures the progress of schools and
local educational agencies based primarily on
the assessments described in paragraph (3);
(v) includes annual measurable objectives for
continuing and significant improvement in--
(I) the achievement of all students;
and
(II) the achievement of economically
disadvantaged students, students with
disabilities, students with limited
English proficiency, migrant students,
students by racial and ethnic group,
and students by gender, except that
such disaggregation shall not be
required in any case in which the
number of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal individually identifiable
information about an individual
student;
(vi) includes a timeline for ensuring that
each group of students described in clause (v)
meets or exceeds the State's proficient level
of performance on the State assessment used for
the purposes of this section and section 1116
within 10 years from the date of enactment
ofthe Better Education for Students and
Teachers Act; and
(vii) includes school completion or dropout
rates and at least 1 other academic indicator,
as determined by the States, except that
inclusion of such indicators shall not decrease
the number of schools or local educational
agencies that would otherwise be subject to
identification for improvement or corrective
action if the discretionary indicators were not
included.
(C) Each State shall ensure that in developing its
plan, the State diligently seeks public comment from a
range of institutions and individuals in the State with
an interest in improved student achievement and
performance, including parents, teachers, local
educational agencies, pupil services personnel,
administrators (including those described in other
parts of this title), and other staff, and that the
State will continue to make a substantial effort to
ensure that information under this part is widely known
and understood by the public, parents, teachers, and
school administrators throughout the State. Such
efforts shall include, at a minimum, publication of
such information and explanatory text, broadly to the
public through such means as the Internet, the media,
and public agencies.
(D) If a State educational agency provides evidence,
which is satisfactory to the Secretary, that neither
the State educational agency nor any other State
government official, agency, or entity has sufficient
authority, under State law, to adopt curriculum content
and student performance standards, and assessments
aligned with such standards, which will be applicable
to all students enrolled in the State's public schools,
the State educational agency may meet the requirements
of this subsection by--
(i) adopting standards and assessments that
meet the requirements of this subsection, on a
statewide basis, and limiting the applicability
of the standards and assessments to students
served under this part; or
(ii) adopting and implementing policies that
ensure that each local educational agency in
the State which receives a grant under this
part will adopt curriculum content and student
performance standards, and assessments aligned
with such standards, which meet all of the
criteria of this subsection.
(E) Each State plan shall describe the standard the
State will use for judging statistically significant
educational progress for purposes of implementing the
reconstitution provisions contained in section 1116
and, in so doing, describe how the State will take into
account issues such as the size of a school and the
mobility of the students in a school.
(3) Assessments.--Each State plan shall demonstrate
that the State, in consultation with local educational
agencies, has a system of high-quality, yearly student
assessments in subjects that include, at a minimum,
mathematics, reading or language arts, and science that
will be used as the primary means of determining the
yearly performance of each local educational agency and
school in enabling all children to meet the State's
student performance standards, except that no State
shall be required to meet the requirements of this part
relating to science assessments until the beginning of
the 2007-2008 school year. Such assessments shall--
(A) be the same assessments used to measure
the performance of all children;
(B) be aligned with the State's challenging
content and student performance standards and
provide coherent information about student
attainment of such standards;
(C) be used for purposes for which such
assessments are valid and reliable, and be
consistent with relevant, nationally recognized
professional and technical standards for such
assessments;
(D) measure the proficiency of students in
the academic subjects in which a State has
adopted challenging content and student
performance standards and be administered not
less than 1 or more times during--
(i) grades 3 through 5;
(ii) grades 6 through 9; and
(iii) grades 10 through 12;
(E) involve multiple up-to-date measures of
student performance, including measures that
assess higher order thinking skills and
understanding;
(F) beginning not later than school year
2005-2006, measure the annual performance of
students against the challenging State content
and student performance standards in grades 3
through 8 in at least mathematics and reading
or language arts, except that--
(i) the Secretary may provide the
State 1 additional year if the State
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the local educational
agency or school, prevented full
implementation of the assessments by
that deadline and that the State will
complete the implementation within the
additional 1-year period; and
(ii) a State shall not be required to
conduct any assessments under this
subparagraph, that were not required on
the day preceding the date of enactment
of the Better Education for Students
and Teachers Act, in any school year,
if the amount made available to the
State under section 6403(a) for use in
that school year for such assessments
is less than 50 percent of the costs of
administering such assessments by the
State in the previous school year, or
if such assessments were not
administered in the previous school
year (in accordance with this clause),
in the most recent school year in which
such assessments were administered;
(G) provide for--
(i) the participation in such
assessments of all students;
(ii) the reasonable adaptations and
accommodations for students with
disabilities defined under section
602(3) of the Individuals with
Disabilities Education Act necessary to
measure the achievement of such
students relative to State content and
State student performance standards;
(iii) the inclusion of limited
English proficient students who shall
be assessed, to the extent practicable,
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do
in content areas; and
(iv) notwithstanding clause (iii),
the assessment (using tests written in
English) of reading or language arts of
any student who has attended school in
the United States (excluding the
Commonwealth of Puerto Rico) for 3 or
more consecutive school years, except
that--
(I) if the local educational
agency determines, on a case-
by-case individual basis, that
assessments in another language
and form would likely yield
more accurate and reliable
information on what such
student knows and can do, the
local educational agency may
assess such student in the
appropriate language other than
English for 1 additional year;
or
(II) in extraordinary
situations, if the local
educational agency determines,
on a case-by-case individual
basis, that assessments in
another language and form would
likely yield more accurate and
reliable information, the local
educational agency may assess
such student in the appropriate
language for additional years;
(H) include students who have attended
schools in a local educational agency for a
full academic year but have not attended a
single school for a full academic year, except
that the performance of students who have
attended more than 1 school in the local
educational agency in any academic year shall
be used only in determining the progress of the
local educational agency;
(I) produce individual student interpretive
and descriptive reports to be provided to
parents of all students, which shall include
scores, or other information on the attainment
of student performance standards, such as
measures of student course work over time,
student attendance rates, student dropout
rates, and student participation in advanced
level courses; and
(J) enable results to be disaggregated within
each State, local educational agency, and
school by gender, by racial and ethnic group,
by English proficiency status, by migrant
status, by students with disabilities as
compared to nondisabled students, and by
economically disadvantaged students as compared
to students who are not economically
disadvantaged, except that in the case of a
local educational agency or a school such
disaggregation shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
individually identifiable information about an
individual student.
(4) Special rules.--(A) Additional measures that do
not meet the requirements of paragraph (3)(C) may be
included in the assessments if a State includes in the
State plan information regarding the State's efforts to
validate such measures.
(B) States may measure the proficiency of students in
the academic subjects in which a State has adopted
challenging content and student performance standards 1
or more times during grades kindergarten through 2.
(5) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
assessments are not available and are needed. The State
shall make every effort to develop such assessments and
may request assistance from the Secretary if
linguistically accessible assessment measures are
needed. Upon request, the Secretary shall assist with
the identification of appropriate assessment measures
in the needed languages but shall not mandate a
specific assessment or mode of instruction.
(6) Requirement.--Each State plan shall describe--
(A) how the State educational agency will
help each local educational agency and school
affected by the State plan to develop the
capacity to comply with each of the
requirements of sections 1112(c)(4), 1114(b),
and 1115(c) that is applicable to such agency
or school; and
(B) such other factors the State deems
appropriate to provide students an opportunity
to achieve the knowledge and skills described
in the challenging content standards adopted by
the State.
(7) Ed-flex.--A State shall not be eligible for
designation under the Ed-Flex Partnership Act of 1999
until the State develops assessments aligned with the
State's content standards in at least mathematics and
reading or language arts.
(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
(1) the State will meet the requirements of
subsection (i)(1) and, beginning with the 2002-2003
school year, will produce the annual State report cards
described in such subsection;
(2) the State will, beginning in school year 2002-
2003, participate in annual State assessments of 4th
and 8th grade reading and mathematics under the
National Assessment of Educational Progress carried out
under section 411(b)(2) of the National Education
Statistics Act of 1994 if the Secretary pays the costs
of administering such assessments;
(3) the State educational agency will work with other
agencies, including educational service agencies or
other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools to carry out the State educational agency's
responsibilities under this part, including technical
assistance in providing professional development under
section 1119, technical assistance under section 1117,
and parental involvement under section 1118;
(4)(A) where educational service agencies exist, the
State educational agency will consider providing
professional development and technical assistance
through such agencies; and
(B) where educational service agencies do not exist,
the State educational agency will consider providing
professional development and technical assistance
through other cooperative agreements such as through a
consortium of local educational agencies;
(5) the State educational agency will notify local
educational agencies and the public of the content and
student performance standards and assessments developed
under this section, and of the authority to operate
schoolwide programs, and will fulfill the State
educational agency's responsibilities regarding local
educational agency improvement and school improvement
under section 1116, including such corrective actions
as are necessary;
(6) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
(7) the State educational agency will inform the
Secretary and the public of how Federal laws, if at
all, hinder the ability of States to hold local
educational agencies and schools accountable for
student academic performance;
(8) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
(9) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114;
(10) the State educational agency has involved the
committee of practitioners established under section
1903(b) in developing the plan and monitoring its
implementation;
(11) the State educational agency will inform local
educational agencies of the local educational agency's
authority to obtain waivers under subpart 3 of part B
of title V and, if the State is an Ed-Flex Partnership
State, waivers under the Education Flexibility
Partnership Act of 1999; and
(12) the State will coordinate activities funded
under this part with other Federal activities as
appropriate.
(d) Parental Involvement.--Each State plan shall describe how
the State will support the collection and dissemination to
local educational agencies and schools of effective parental
involvement practices. Such practices shall--
(1) be based on the most current research on
effective parental involvement that fosters achievement
to high standards for all children; and
(2) be geared toward lowering barriers to greater
participation in school planning, review, and
improvement experienced by parents.
(e) Peer Review and Secretarial Approval.--
(1) Secretarial duties.--The Secretary shall--
(A) establish a peer review process to assist
in the review of State plans;
(B) appoint individuals to the peer review
process who are representative of parents,
teachers, State educational agencies, local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, and other diverse educational
needs of students;
(C) approve a State plan within 120 days of
its submission unless the Secretary determines
that the plan does not meet the requirements of
this section;
(D) if the Secretary determines that the
State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify
the State of such determination and the reasons
for such determination;
(E) not decline to approve a State's plan
before--
(i) offering the State an opportunity
to revise its plan;
(ii) providing technical assistance
in order to assist the State to meet
the requirements under subsections (a),
(b), and (c); and
(iii) providing a hearing; and
(F) have the authority to disapprove a State
plan for not meeting the requirements of this
part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan 1 or more specific elements of the
State's content standards or to use specific
assessment instruments or items.
(2) State revisions.--States shall revise their plans
if necessary to satisfy the requirements of this
section.
(f) Provision of Testing Results to Parents and Teachers.--
Each State plan shall demonstrate how the State educational
agency will assist local educational agencies in assuring that
results from the assessments required under this section will
be provided to parents and teachers as soon as is practicably
possible after the test is taken, in a manner and form that is
understandable and easily accessible to parents and teachers.
(g) Duration of the Plan.--
(1) In general.--Each State plan shall--
(A) remain in effect for the duration of the
State's participation under this part; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
(2) Additional information.--If the State makes
significant changes in its plan, such as the adoption
of new State content standards and State student
performance standards, new assessments, or a new
definition of adequate progress, the State shall submit
such information to the Secretary.
(h) Limitation on Conditions.--Nothing in this part shall
be construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's specific instructional content
or student performance standards and assessments, curriculum,
or program of instruction, as a condition of eligibility to
receive funds under this part.
(i) Penalty.--If a State fails to meet the statutory
deadlines for demonstrating that it has in place challenging
content standards and student performance standards, and a
system for measuring and monitoring adequate yearly progress,
the Secretary shall withhold funds for State administration and
activities under section 1117 until the Secretary determines
that the State plan meets the requirements of this section.
(j) Reports.--
(1) Annual state report card.--
(A) In general.--Not later than the beginning
of the 2002-2003 school year, a State that
receives assistance under this Act shall
prepare and disseminate an annual State report
card.
(B) Implementation.--The State report card
shall be--
(i) concise; and
(ii) presented in a format and manner
that parents can understand, and which,
to the extent practicable, shall be in
a language the parents can understand.
(C) Public dissemination.--The State shall
widely disseminate the information described in
subparagraph (D) to all schools and local
educational agencies in the State and make the
information broadly available through public
means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies.
(D) Required information.--The State shall
include in its annual State report card--
(i) information, in the aggregate, on
student achievement and performance at
each proficiency level on the State
assessments described in subsection
(b)(3)(F) (disaggregated by race,
ethnicity, gender, disability status,
migrant status, English proficiency,
and socioeconomic status);
(ii) the percentage of students not
tested (disaggregated by the same
categories described in clause (i));
(iii) such other information (such as
dropout, graduation, and school
attendance rates, completion of
advanced placement courses,
professional qualifications of
teachers, and average class size by
grade level) as the State believes will
best provide parents, students, and
other members of the public with
information on the progress of each of
the State's public schools;
(iv) the number and names of each
school identified for school
improvement, including schools
identified under section 1116(c); and
(v) information on the performance of
local educational agencies in the State
regarding making adequate yearly
progress, including the number and
percentage of schools in the State that
did not make adequate yearly progress.
(2) Annual local educational agency report cards.--
(A) In general.--Not later than the beginning
of the 2002-2003 school year, a local
educational agency that receives assistance
under this Act shall prepare and disseminate an
annual local educational agency report card.
(B) Minimum requirements.--The State shall
ensure that each local educational agency
collects appropriate data and includes in the
local educational agency's annual report the
information described in paragraph (1)(D) as
applied to the local educational agency and
each school served by the local educational
agency, and--
(i) in the case of a local
educational agency--
(I) the number and percentage
of schools identified for
school improvement and how long
they have been so identified,
including schools identified
under section 1116(c); and
(II) information that shows
how students served by the
local educational agency
perform on the statewide
assessment compared to students
in the State as a whole; and
(ii) in the case of a school--
(I) whether the school has
been identified for school
improvement; and
(II) information that shows
how the school's students
performed on the statewide
assessment compared to students
in the local educational agency
and the State as a whole.
(C) Other information.--A local educational
agency may include in its annual reports any
other appropriate information whether or not
such information is included in the annual
State report.
(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that is
sufficient to yield statistically reliable
information, as determined by the State, and
does not reveal individually identifiable
information about an individual student.
(E) Public dissemination.--The local
educational agency shall, not later than the
beginning of the 2002-2003 school year,
publicly disseminate the information described
in this paragraph to all schools in the school
district and to all parents of students
attending those schools, and make the
information broadly available through public
means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
(3) Preexisting report cards.--A State or local
educational agency that was providing public report
cards on the performance of students, schools, local
educational agencies, or the State, may continue to use
those reports for the purpose of this subsection, if
such report is modified, as may be necessary, to
contain the information required by this subsection.
(4) Annual state report to the secretary.--Each State
receiving assistance under this Act shall report
annually to the Secretary, and make widely available
within the State--
(A) beginning with school year 2001-2002,
information on the State's progress in
developing and implementing the assessments
described in subsection (b)(3);
(B) beginning not later than school year
2004-2005, information on the achievement of
students on the assessments required by that
section, including the disaggregated results
for the categories of students identified in
subsection (b)(2)(B)(v)(II);
(C) the number and names of each school
identified for school improvement, including
schools identified under section 1116(c), the
reason why each school was so identified, and
the measures taken to address the performance
problems of such schools; and
(D) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student assessments (including disaggregated
results) required under this section.
(5) Parents right-to-know.--
(A) Qualifications.--A local educational
agency that receives funds under this part
shall provide and notify the parents of each
student attending any school receiving funds
under this part that the parents may request,
and will be provided on request, information
regarding the professional qualifications of
the student's classroom teachers, including, at
a minimum, the following:
(i) Whether the teacher has met State
qualification and licensing criteria
for the grade levels and subject areas
in which the teacher provides
instruction.
(ii) Whether the teacher is teaching
under emergency or other provisional
status through which State
qualification or licensing criteria
have been waived.
(iii) The baccalaureate degree major
of the teacher and any other graduate
certification or degree held by the
teacher, and the field of discipline of
the certification or degree.
(iv) Whether the child is provided
services by paraprofessionals and the
qualifications of such
paraprofessional.
(B) Additional information.--A school that
receives funds under this part shall provide to
parents information on the level of
performance, of the individual student for whom
they are the parent, in each of the State
assessments as required under this part.
(C) Format.--The notice and information
provided to parents shall be in an
understandable and uniform format.
(k) Privacy.--Information collected under this section shall
be collected and disseminated in a manner that protects the
privacy of individuals.
(l) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of high-quality assessments and other relevant
areas.
SEC. 1112. [20 U.S.C. 6312] LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, [the Goals 2000: Educate
America Act, and other Acts, as appropriate, as
specified in section 14306.] the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998, the
Head Start Act, and other Acts, as appropriate
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section [14304] 5504.
(b) Plan Provisions.--Each local educational agency plan
shall include--
* * * * * * *
(B) assist in diagnosis, teaching, and
learning in the classroom in ways that best
enable children served under this part to meet
State standards and do well in the local
curriculum; [and]
(C) determine what revisions are needed to
projects under this part so that such children
will meet the State's student performance
standards; and
(D) determine the literacy levels of first
graders and their needs for interventions,
including a description of how the agency will
ensure that any such assements--
(i) are developmentally appropriate;
(ii) use multiple measures to provide
information about the variety of skills
that research has identified as leading
to early reading; and
(iii) are administered to students in
the language most likely to yield valid
results;
* * * * * * *
(3) a description of the strategy the local
educational agency will use to provide professional
development for teachers, and, where appropriate, pupil
services personnel, administrators, parents and other
staff, including local educational agency level staff
in accordance with section 1119, which strategy shall
be coordinated with activities under title II if the
local educational agency receives funds under title II;
* * * * * * *
(A) Even Start, Head Start, and other
preschool programs, including plans for the
transition of participants in such programs to
local elementary school [programs, vocational,]
programs and vocational education programs[,
and school-to-work transition programs]; and
(B) services for children with limited
English proficiency or with disabilities,
migratory children [served under part C or who
were formerly eligible for services under part
C in the two-year period preceding the date of
the enactment of the Improving America's School
Act of 1994], neglected or delinquent youth and
youth at risk of dropping out [served under
part D], homeless children, and immigrant
children in order to increase program
effectiveness, eliminate duplication, and
reduce fragmentation of the instructional
program;
* * * * * * *
[(9) where appropriate, description of how the local
educational agency will use funds under this part to
support pre-school programs for children, particularly
children participating in a Head Start or Even Start
program, which services may be provided directly by the
local educational agency or through a subcontract with
the local Head Start agency designated by the Secretary
of Health and Human Services under section 641 of the
Head Start Act, agencies operating Even Start programs,
or another comparable public early childhood
development program.]
(9) where appropriate, a description of how the local
educational agency will use funds under this part to
support early childhood education programs under
section 1120B; and
(10) a description of the strategy the local
educational agency will use to implement effective
parental involvement under section 1118.
[(c) Assurances.--
[(1) In general.--Each local educational agency plan
shall provide assurances that the local educational
agency will--
[(A) inform eligible schools and parents of
schoolwide project authority;
[(B) provide technical assistance and support
to schoolwide programs;
[(C) work in consultation with schools as the
schools develop the schools' plans pursuant to
section 1114 and assist schools as the schools
implement such plans or undertake activities
pursuant to section 1115 so that each school
can make adequate yearly progress toward
meeting the State content standards and State
student performance standards;
[(D) fulfill such agency's school improvement
responsibilities under section 1116, including
taking corrective actions under section
1116(c)(4);
[(E) coordinate and collaborate, to the
extent feasible and necessary as determined by
the local educational agency, with other
agencies providing services to children, youth,
and families, including health and social
services;
[(F) provide services to eligible children
attending private elementary and secondary
schools in accordance with section 1120, and
timely and meaningful consultation with private
school officials regarding such services;
[(G) take into account the experience of
model programs for the educationally
disadvantaged, and the findings of relevant
research indicating that services may be most
effective if focused on students in the
earliest grades at schools that receive funds
under this part; and
[(H) beginning in fiscal year 1997 and in the
case that a local educational agency chooses to
use funds under this part to provide early
childhood development services to low-income
children below the age of compulsory school
attendance, ensure that such services comply
with the performance standards established
under section 641A(a) of the Head Start Act or
under section 651 of such Act, as such section
651 was in effect on the day preceding the date
of enactment of the Human Services Amendments
of 1994.
[(2) Special rule.--In carrying out subparagraph (H)
of paragraph (1) the Secretary--
[(A) in fiscal year 1995, shall consult with
the Secretary of Health and Human Services on
the implementation of such subparagraph and
shall establish procedures (taking into
consideration existing State and local laws,
and local teacher contracts) to assist local
educational agencies to comply with such
subparagraph; and
[(B) in fiscal year 1996, shall disseminate
to local educational agencies the Head Start
Performance Standards revised pursuant to
section 641A(a) of the Head Start Act, and such
agencies effected by such subparagraph shall
plan for the implementation of such
subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
[(3) Inapplicability.--The provisions of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs which
are expanded through the use of funds under this part.]
(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
(1) inform eligible schools and parents of schoolwide
project authority;
(2) provide technical assistance and support to
schoolwide programs;
(3) work in consultation with schools as the schools
develop the schools' plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that
each school can make adequate yearly progress toward
meeting the State content standards and State student
performance standards;
(4) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under section 1116(c)(5);
(5) work in consultation with schools as the schools
develop and implement their plans or activities under
sections 1118 and 1119;
(6) coordinate and collaborate, to the extent
feasible and necessary as determined by the local
educational agency, with other agencies providing
services to children, youth, and families, including
health and social services;
(7) provide services to eligible children attending
private elementary and secondary schools in accordance
with section 1120, and timely and meaningful
consultation with private school officials regarding
such services;
(8) take into account the experience of model
programs for the educationally disadvantaged, and the
findings of relevant research indicating that services
may be most effective if focused on students in the
earliest grades at schools that receive funds under
this part;
(9) comply with the requirements of section 1119
regarding professional development;
(10) inform eligible schools of the local educational
agency's authority to obtain waivers on the school's
behalf under subpart 3 of part B of title V, and if the
State is an Ed-Flex Partnership State, waivers under
the Education Flexibility Partnership Act of 1999;
(11) ensure, through incentives for voluntary
transfers, the provision of professional development,
recruitment programs, or other effective strategies,
that low-income students and minority students are not
taught at higher rates than other students by
unqualified, out-of-field, or inexperienced teachers;
(12) use the results of the student assessments
required under section 1111(b)(3), and other measures
or indicators available to the agency, to review
annually the progress of each school served by the
agency and receiving funds under this title to
determine whether or not all of the schools are making
the annual progress necessary to ensure that all
students will meet the State's proficient level of
performance on the State assessments described in
section 1111(b)(3) within 10 years of the date of
enactment of the Better Education for Students and
Teachers Act;
(13) ensure that the results from the assessments
required under section 1111 will be provided to parents
and teachers as soon as is practicably possible after
the test is taken, in a manner and form that is
understandable and easily accessible to parents and
teachers.
* * * * * * *
(e) State Approval.--
(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency[, except that a local
educational agency shall have not more than one year
after the date of enactment of the Improving America's
Schools Act of 1994 to have such plan provisionally
approved by the State educational agency and not more
than two years after the date of enactment of such Act
to have such plan finally approved by the State
educational agency].
* * * * * * *
(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agency's [professional development] activities
are in accordance with [section 1119] sections 1118 and
1119.
* * * * * * *
SEC. 1113. [20 U.S.C. 6313] ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) Determination.--
(1) In general.--* * *
* * * * * * *
(B) use funds received under this part in a
school that is not an eligible school
attendance area, if the percentage of children
from low-income families enrolled in the school
is equal to or greater than the percentage of
such children in a participating school
attendance area of such agency; [and]
(C) elect not to serve an eligible school
attendance area or eligible school that has a
higher percentage of children from low-income
families if--
(i) * * *
* * * * * * *
(iii) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this part[.]; and
(D) designate and serve a school attendance
area or school that is not an eligible school
attendance area under subsection (a)(2), but
that was an eligible school attendance area and
was served in the fiscal year preceding the
fiscal year for which the determination is
made, but only for 1 additional fiscal year.
* * * * * * *
SEC. 1114. [20 U.S.C. 6314] SCHOOLWIDE PROGRAMS.
(a) Use of Funds for Schoolwide Programs.--
[(1) In general.--A local educational agency may use
funds under this part, in combination with other
Federal, State, and local funds, in order to upgrade
the entire educational program in a school described in
subparagraph (A) or (B) if, for the initial year of the
schoolwide program, the school meets either of the
following criteria:
[(A) For the school year 1995-1996--
[(i) the school serves an eligible
school attendance area in which not
less than 60 percent of the children
are from low-income families; or
[(ii) not less than 60 percent of the
children enrolled in the school are
from such families.
[(B) For the school year 1996-1997 and
subsequent years--
[(i) the school serves an eligible
school attendance area in which not
less than 50 percent of the children
are from low-income families; or
[(ii) not less than 50 percent of the
children enrolled in the school are
from such families.]
(1) In General.--A local educational agency may use
funds under this part, together with other Federal,
State, and local funds, to upgrade the entire
educational program of a school that serves an eligible
school attendance area in which not less than 40
percent of the children are from low-income families,
or not less than 40 percent of the children enrolled in
the school are from such families, for the initial year
of the schoolwide program.
* * * * * * *
(4) [Special rule.--Exemption from statutory and
regulatory requirements.--(A) Except as provided in
subsection (b), the Secretary may through publication
of a notice in the Federal Register, exempt schoolwide
programs under this section from statutory or
regulatory provisions of any other noncompetitive
formula grant program administered by the Secretary, or
any discretionary grant program administered by the
Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities
Education Act), to support schoolwide programs, if the
intent and purposes of such other programs are met.
* * * * * * *
(C) A school that chooses to use funds from
such other programs under this section shall
not be required to maintain separate fiscal
accounting records, by program, that identify
the specific activities supported by those
particular funds as long as the school
maintains records that demonstrate that the
schoolwide program, considered as a whole,
addresses the intent and purposes of each of
the programs that were consolidated to support
the schoolwide program.
(b) Components of a Schoolwide Program.--
(1) In general.--* * *
* * * * * * *
(vii) are consistent with, and are
designed to implement, the State and
local improvement plans[, if any,
approved under title III of the Goals
2000: Educate America Act].
* * * * * * *
(E) Strategies to increase parental
involvement[, such as family literary services]
(including activities described in section
1118), such as family literacy services, in-
school volunteer opportunities, or parent
membership on school-based leadership or
management teams.
* * * * * * *
(2) Plan.--(A) Any eligible school that desires to
operate a schoolwide program shall first develop (or
amend a plan for such a program that was in existence
before the date of enactment of the [Improving
America's Schools Act of 1994] Better Education for
Students and Teachers Act), in consultation with the
local educational agency and its school support team or
other technical assistance provider under subsections
(c)(1) and (e) of section 1117, a comprehensive plan
for reforming the total instructional program in the
school that--
* * * * * * *
(iv) describes how the school will provide
individual student assessment results in a
language the family can understand, including
an interpretation of those results, to the
parents of a child who participates in the
assessment required by section 1111(b)(3);
* * * * * * *
(C) The comprehensive plan shall be--
(i) developed during a one-year period,
unless--
* * * * * * *
(II) the school is operating a
schoolwide program on the day preceding
the date of enactment of the [Improving
America's Schools Act of 1999] Better
Education for Students and Teachers
Act, in which case such school may
continue to operate such program, but
shall develop a new plan during the
first year of assistance under such Act
to reflect the provisions of this
section;
(v) where appropriate, developed in
coordination with programs under [the School-
to-Work Opportunities Act of 1994,] the Carl D.
Perkins Vocational and Technical Education Act
of 1998, and the National and Community Service
Act of 1990.
* * * * * * *
SEC. 1115. [20 U.S.C. 6315] TARGETED ASSISTANCE SCHOOLS.
(a) In General.--* * *
* * * * * * *
(ii) children who are not yet at a
grade level where the local education
agency provides a free public
education[, yet are of an age at which
such children can benefit from an
organized instructional program
provided in a school or other
educational setting].
* * * * * * *
(B) A child who, at any time in the two years
preceding the year for which the determination
is made, participated in a Head Start or Even
Start program, or in early childhood education
services under this title, is eligible for
services under this part.
(C)(i) A child who, at any time in the two
years preceding the year for which the
determination is made, received services under
the program for youth who are neglected,
delinquent, or at risk of dropping out [under
part D (or its predecessor authority)] may be
eligible for services under this part.
* * * * * * *
[(G) in accordance with subsection (e)(3) and
section 1119, provide opportunities for
professional development with resources
provided under this part, and from other
sources to the extent feasible, for
administrators and for teachers and other
school staff who work with participating
children in programs under this section or in
the regular education program; and]
(G) provide opportunities for professional
development with resources provided under this
part, and to the extent practicable, from other
sources, for teachers, principals,
administrators, paraprofessionals, pupul
services personnel, and parents, who work with
participating children in programs under this
section or in the regular education program;
and
(H) provide strategies to increase parental
involvement[, such as family literary
services.] (including activities described in
section 1118), such as family literacy
services, in-school volunteer opportunities, or
parent membership on school-based leadership or
management teams.
* * * * * * *
SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.
(a) In General.--If a student is eligible to be served
under section 1115(b), or attends a school eligible for a
schoolwide program under section 1114, and--
(1) becomes a victim of a violent criminal offense
while in or on the grounds of a public elementary
school or secondary school that the student attends and
that receives assistance under this part, then the
local educational agency shall allow such student to
transfer to another public school or public charter
school in the same State as the school where the
criminal offense occurred, that is selected by the
student's parent unless allowing such transfer is
prohibited--
(A) under the provisions of a State or local
law; or
(B) by a local educational agency policy that
is approved by a local school board; or
(2) the public school that the student attends and
that receives assistance under this part has been
designated as an unsafe public school, then the local
educational agency may allow such student to transfer
to another public school or public charter school in
the same State as the school where the criminal offense
occurred, that is selected by the student's parent.
(b) State Educational Agency Determinations.--
(1) The State educational agency shall determine,
based upon State law, what actions constitute a violent
criminal offense for purposes of this section.
(2) The State educational agency shall determine
which schools in the State are unsafe public schools.
(3) The term ``unsafe public schools'' means a public
school that has serious crime, violence, illegal drug,
and discipline problems, as indicated by conditions
that may include high rates of--
(A) expulsions and suspensions of students
from school;
(B) referrals of students to alternative
schools for disciplinary reasons, to special
programs or schools for delinquent youth, or to
juvenile court;
(C) victimization of students or teachers by
criminal acts, including robbery, assault and
homicide;
(D) enrolled students who are under court
supervision for past criminal behavior;
(E) possession, use, sale or distribution of
illegal drugs;
(F) enrolled students who are attending
school while under the influence of illegal
drugs or alcohol;
(G) possession or use of guns or other
weapons;
(H) participation in youth gangs; or
(I) crimes against property, such as theft or
vandalism.
(c) Transportation Costs.--The local educational agency
that serves the public school in which the violent criminal
offense occurred or that serves the designated unsafe public
school may use funds provided under this part to provide
transportation services or to pay the reasonable costs of
transportation for the student to attend the school selected by
the student's parent.
(d) Special Rule.--Any school receiving assistance provided
under this section shall comply with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not
discriminate on the basis of race, color, or national origin.
(e) Part B of the Individuals With Disabilities Education
Act.--Nothing in this section shall be construed to affect the
requirements of part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
(f) Maximum Amount.--Notwithstanding any other provision of
this section, the amount of assistance provided under this part
for a student who elects a transfer under this section shall
not exceed the per pupil expenditures for elementary or
secondary school students as provided by the local educational
agency that serves the school involved in the transfer.
[SEC, 116, [20 U.S.C. 6317] ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND
SCHOOL IMPROVEMENT.
[(a) Local Review.--Each local educational agency receiving
funds under this part shall--
[(1) use the State assessments described in the State
plan;
[(2) use any additional measures or indicators
described in the local educational agency's plant to
review annually the progress of each school served
under this part to determine whether the school is
meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) toward enabling its students
to meet the State's student performance standards
described in the State plan;
[(3) publicize and disseminate to teachers and other
staff, parents, students, and the community, the
results of the annual review under paragraph (2) of all
schools served under this part in individual school
performance profiles that include statistically sound
disaggregated results as required by section
1111(b)(3)(I); and
[(4) provide the results of the local annual review
to schools so that the schools can continually refine
the program of instruction to help all children served
under this part in those schools meet the State's
student performance standards.
[(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving funds
under this part shall designate distinguished schools in
accordance with section 1117.
[(c) School Improvement.--
[(1) In general.--A local educational agency shall
identify for school improvement any school served under
this part that--
[(A) has been in program improvement under
section 1020 of the Elementary and Secondary
Education Act of 1965 (as such section was in
effect on the day preceding the date of
enactment of the Improving America's Schools
Act of 1994), for at least two consecutive
school years prior to such day;
[(B) has not made adequate progress as
defined in the State's plan under section
1111(b)(2)(A)(i) for two consecutive school
years, except that--
[(i) this subparagraph shall not
apply to a school if almost every
student in such school is meeting the
State's advanced level of performance;
or
[(ii) in the case of a targeted
assistance school, such school may be
reviewed on the progress of only those
students that have been or are served
under this part; or
[(C) has failed to meet the criteria
established by the State through the State's
transitional procedure under section
1111(b)(7)(B) for two consecutive years.
[(2) Requirement.--(A) Each school identified under
paragraph (1) shall--
[(i) in consultation with parents, the local
educational agency, and the school support
team, develop or revise a school plan in ways
that have the greatest likelihood of improving
the performance of participating children in
meeting the State's student performance
standards; and
[(ii) submit the plan or revised plan to the
local educational agency for approval.
[(B) Before identifying a school for school
improvement under paragraph (1), the local educational
agency shall provide the school with an opportunity to
review the school-level data, including assessment
data, on which such identification is based. If the
school believes that such identification for school
improvement is in error for statistical or other
substantive reasons, such school may provide evidence
to the local educational agency to support such belief.
[(C) During the first year immediately following such
identification, the school shall implement such
school's plan or revised plan.
[(3) Professional development.--(A) Each school
identified under paragraph (1) shall, as part of the
school plan under paragraph (2), improve the skills of
its staff by providing effective professional
development activities. A school shall demonstrate such
school's compliance with this paragraph by--
[(i) devoting to such activities, over two
consecutive years, an amount equivalent to at
least 10 percent of the funds received by the
school under this part during one fiscal year;
or
[(ii) otherwise demonstrating that such
school is effectively carrying out professional
development activities.
[(B) A school may use funds from any source to meet
the requirements of this subsection.
[(C) Decisions about how to use the funds made
available under this part which the school makes
available for professional development shall be made by
teachers, principals, and other school staff in that
school.
[(4) Technical assistance.--(A) For each school
identified under paragraph (1), the local educational
agency shall provide technical or other assistance as
the school develops an implements such school's plan or
revised plan, such as a joint plan between the local
educational agency and school that addresses specific
elements of student performance problems and that
specifies school and local educational agency
responsibilities under the plan, and waivers or
modifications of requirements of local educational
agency policy or regulation that impede the ability of
the school to educate students.
[(B) Such technical assistance may be provided
directly by the local educational agency, through
mechanisms authorized under section 1117, or with the
local educational agency's approval, by an institution
of higher education, a private non-profit organization,
an educational service agency, a comprehensive regional
assistance center under part A of title XIII, or other
entities with experience in helping schools improve
achievement.
[(5) Corrective action.--(A) Except as provided in
sub-paragraph (C), after providing technical assistance
pursuant to paragraph (4) and taking other remediation
measures, the local educational agency may take
corrective action at any time against a school that has
been identified under paragraph (1), but, during the
third year following identification under paragraph
(1), shall take such action against any school that
still fails to make adequate progress.
[(B)(i) Corrective actions are those, consistent with
State and local law, determined and made public and
disseminated by the local educational agency, which may
include--
[(I) withholding funds;
[(II) interagency collaborative agreements
between the school and other public agencies to
provide health, counseling, and other social
services needed to remove barriers to learning;
[(III) revoking authority for a school to
operate a schoolwide program;
[(IV) decreasing decisionmaking authority at
the school level;
[(V) making alternative governance
arrangements such as the creation of a public
charter school;
[(VI) reconstituting the school staff; and
[(VII) authorizing students to transfer,
including transportation costs, to other public
schools served by the local educational agency.
[(ii) Notwithstanding clause (i), corrective actions
taken pursuant to this part shall not include the
actions described in subclause (I), (III), (IV), (VI),
or (VII) of clause (i) until the State has developed
assessments that meet the requirements of subparagraph
(C) of section 1111(b)(3).
[(C) Prior to implementing any corrective action, the
local educational agency may refrain from such
corrective action for one additional year to the extent
that the failure to make progress can be attributed to
extenuating circumstances as determined by the local
educational agency.
[(D) A school that is no longer operating its
schoolwide program due to a corrective action may not
resume operation of such a program until the local
educational agency determines that the school has
adequately reformed its schoolwide program plan to
enable the school to make adequate progress toward
meeting the State's challenging student performance
standards.
[(6) State educational agency responsibilities.--The
State educational agency shall--
[(A) make technical assistance under section
1117 available to the schools farthest from
meeting the State's challenging student
performance standards, if requested by the
school or local educational agency; and
[(B) if such agency determines that a local
educational agency failed to carry out the
local educational agency's responsibilities
under paragraphs (4) and (5), take such
corrective actions as the State educational
agency deems appropriate and which are in
compliance with State law.
[(7) Special rule.--Schools that, for at least two of
the three years following identification under
paragraph (1), make adequate progress toward meeting
the State's proficient and advanced levels of
performance shall no longer need to be identified for
school improvement.
[(d) State Review and Local Educational Agency
Improvement.--
[(1) In general.--A State educational agency shall--
[(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate progress as defined in section
1111(b)(2)(A)(ii) toward meeting the State's
student performance standards; and
[(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the
results of the State review,
includingstatistically sound disaggregated
results, as required by section 1111(b)(3)(I).
[(2) Rewards.--In the case of a local educational
agency that for three consecutive years has met or
exceeded the State's definition of adequate progress as
defined in section 1111(b)(2)(A)(ii), the State may
make institutional and individual rewards of the kinds
described for individual schools in paragraph (2) of
section 1117(c).
[(3) Identification.--(A) A State educational agency
shall identify for improvement any local educational
agency that--
[(i) for two consecutive years, is not making
adequate progress as defined in section
1111(b)(2)(A)(ii) in schools served under this
part toward meeting the State' student
performance standards, except that schools
served by the local educational agency that are
operating targeted assistance programs may be
reviewed on the basis of the progress of only
those students served under this part; or
[(ii) has failed to meet the criteria
established by the State through such State's
transitional procedure under section
1111(b)(7)(B) for two consecutive years.
[(B) Before identifying a local educational agency
for improvement under paragraph (1), the State
educational agency shall provide the local educational
agency with an opportunity to review the school-level
data, including assessment data, on which such
identification is based. If the local educational
agency believes that such identification for
improvement is in error due to statistical or other
substantive reasons, such local educational agency may
provide evidence to the State educational agency to
support such belief.
[(4) Local educational agency revisions.--(A) Each
local educational agency identified under paragraph (3)
shall, in consultation with schools, parents, and
educational experts, revise its local educational
agency plan under section 1112 in ways that have the
greatest likelihood of improving the performance of
schools served by the local educational agency under
this part in meeting the State's student performance
standards.
[(B) Such revision shall include determining why the
local educational agency's plan failed to bring about
increased achievement.
[(5) State educational agency responsibility.--(A)
For each local educational agency identified under
paragraph (3), the State educational agency shall--
[(i) provide technical or other assistance,
if requested, as authorized under section 1117,
to better enable the local educational agency
to--
[(I) develop and implement the local
educational agency's revised plan; and
[(II) work with schools needing
improvement; and
[(ii) make available to the local educational
agencies farthest from meeting the State's
standards, if requested, assistance under
section 1117.
[(B) Technical or other assistance may be provided by
the State educational agency directly, or by an
institution of higher education, a private nonprofit
organization, an educational service agency or other
local consortium, a technical assistance center, or
other entities with experience in assisting local
educational agencies improve achievement, and may
include--
[(i) interagency collaborative agreements
between the local educational agency and other
public agencies to provide health, pupil
services, and other social services needed to
remove barriers to learning; and
[(ii) waivers or modification of requirements
of State law or regulation (in States in which
such waivers are permitted) that impede the
ability of a local educational agency to
educate students.
[(6) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance
pursuant to paragraph (5) and taking other remediation
measures, the State educational agency may take
corrective action at any time against a local
educational agency that has been identified under
paragraph (3) but during the fourth year following
identification under paragraph (3), shall take such
action against any local educational agency that still
fails to make adequate progress.
[(B)(i) Corrective actions are those actions,
consistent with State law, determined and made public
and disseminated by the State educational agency, which
may include--
[(I) the withholding of funds;
[(II) reconstitution of school district
personnel;
[(III) removal of particular schools from the
jurisdiction of the local educational agency
and establishment of alternative arrangements
for public governance and supervision of such
schools;
[(IV) appointment by the State educational
agency of a receiver or trustee to administer
the affairs of the local educational agency in
place of the superintendent and school board;
[(V) the abolition or restructuring of the
local educational agency;
[(VI) the authorizing of students to transfer
from a school operated by one local educational
agency to a school operated by another local
educational agency; and
[(VII) a joint plan between the State and the
local educational agency that addresses
specific elements of student performance
problems and that specifies State and local
responsibilities under the plan.
[(ii) Notwithstanding clause (i), corrective actions
taken pursuant to this part shall not include the
actions described in subclauses (I), (II), and (III) of
clause (i) until the State has developed assessments
that meet the requirements of paragraph (3)(C) of
section 1111(b).
[(C) Prior to implementing any corrective action, the
State educational agency shall provide due process and
a hearing (if State law provides for such due process
and a hearing) to any local educational agency
identified under paragraph (3) and may refrain from
such corrective action for one year after the four-year
period described in subparagraph (A) to the extent that
the failure to make progress can be attributed to such
extenuating circumstances as determined by the State
educational agency.
[(7) Special rule.--Local educational agencies that
for at least two of the three years following
identification under paragraph (3) make adequate
progress toward meeting the State's standards no longer
need to be identified for local educational agency
improvement.
[(e) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.]
SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
(a) Local Review.--Each local educational agency receiving
funds under this part shall--
(1) use the State assessments described in the State
plan;
(2) use any additional measures or indicators
described in the local educational agency's plan to
review annually the progress of each school served
under this part to determine whether the school is
meeting, or making adequate progress as defined in
section 1111(b)(2)(B) toward enabling its students to
meet the State's student performance standards
described in the State plan;
(3) provide the results of the local annual review to
schools so that the schools can continually refine the
program of instruction to help all children served
under this part in those schools meet the State's
student performance standards; and
(4) annually review the effectiveness of the actions
and activities the schools are carrying out under this
part with respect to parental involvement activities
under section 1118, professional development activities
under section 1119, and other activities assisted under
this Act.
(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving funds
under this part shall designate distinguished schools in
accordance with section 1117.
(c) School Improvement.--
(1) School improvement.--(A) Subject to subparagraph
(B), a local educational agency shall identify for
school improvement any elementary school or secondary
school served under this part that--
(i) fails, for any year, to make adequate
yearly progress as defined in the State's plan
under section 1111(b)(2)(B); or
(ii) was in school improvement status under
this section on the day preceding the date of
enactment of the Better Education for Students
and Teachers Act.
(B) Subparagraph (A) shall not apply to a school if
almost every student in such school is meeting the
State's proficient level of performance.
(C) To determine if an elementary school or a
secondary school that is conducting a targeted
assistance program under section 1115 should be
identified for school improvement under this
subsection, a local educational agency may choose to
review the progress of only the students in the school
who are served, or are eligible for services, under
this part.
(2) Opportunity to review and present evidence; time
limit.--(A) Before identifying an elementary school or
a secondary school for school improvement under
paragraph (1), for corrective action under paragraph
(6), or for reconstitution under paragraph (7), the
local educational agency shall provide the school with
an opportunity to review the school-level data,
including assessment data, on which such identification
is based.
(B) If the principal of a school proposed for
identification under paragraph (1), (6), or (7)
believes that the proposed identification is in error
for statistical or other substantive reasons, the
principal may provide supporting evidence to the local
educational agency, which shall consider that evidence
before making a final determination.
(C) Not later than 30 days after a local educational
agency makes an initial determination concerning
identifying a school under paragraph (1), (6), or (7),
the local educational agency shall make public a final
determination on the status of the school.
(3) School plan.--(A) Each school identified under
paragraph (1) for school improvement shall, not later
than 3 months after being so identified, develop or
revise a school plan, in consultation with parents,
school staff, the local educational agency serving the
school, the local school board, and other outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and--
(i) incorporate scientifically based research
strategies that strengthen the core academic
subjects in the school and address the specific
academic issues that caused the school to be
identified for school improvement;
(ii) adopt policies and practices concerning
the school's core academic subjects that have
the greatest likelihood of ensuring that all
groups of students specified in section
1111(b)(2)(B)(v)(II) and enrolled in the school
will meet the State's proficient level of
performance on the State assessment described
in section 1111(b)(3) within 10 years after the
date of enactment of the Better Education for
Students and Teachers Act;
(iii) provide an assurance that the school
will reserve not less than 10 percent of the
funds made available to the school under this
part for each fiscal year that the school is in
school improvement status, for the purpose of
providing to the school's teachers and
principal high-quality professional development
that--
(I) directly addresses the academic
performance problem that caused the
school to be identified for school
improvement; and
(II) meets the requirements for
professional development activities
under section 1119;
(iv) specify how the funds described in
clause (iii) will be used to remove the school
from school improvement status;
(v) establish specific annual, objective
goals for continuous and significant progress
by each group of students specified in section
1111(b)(2)(B)(v)(II) and enrolled in the school
that will ensure that all such groups of
students will meet the State's proficient level
of performanceon the State assessment described
in section 1111(b)(3) within 10 years after the
date of enactment of the Better Education for
Students and Teachers Act;
(vi) identify how the school will provide
written notification about the identification
to the parents of each student enrolled in such
school, in a format and, to the extent
practicable, in a language the parents can
understand;
(vii) specify the responsibilities of the
school, the local educational agency, and the
State educational agency serving the school
under the plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4); and
(viii) include strategies to promote
effective parental involvement in the school.
(B) The local educational agency may condition
approval of a school plan on inclusion of 1 or more of
the corrective actions specified in paragraph
(6)(D)(ii).
(C) A school shall implement the school plan
(including a revised plan) expeditiously, but not later
than the beginning of the school year following the
school year in which the school was identified for
school improvement.
(D) The local educational agency, within 45 days
after receiving a school plan, shall--
(i) establish a peer-review process to assist
with review of a school plan prepared by a
school served by the local educational agency;
and
(ii) promptly review the school plan, work
with the school as necessary, and approve the
school plan if the plan meets the requirements
of this paragraph.
(4) Technical assistance.--(A) For each school
identified for school improvement under paragraph (1),
the local educational agency serving the school shall
provide technical assistance as the school develops and
implements the school plan.
(B) Such technical assistance--
(i) shall include assistance in analyzing
data from the assessments required under
section 1111(b)(3), and other samples of
student work, to identify and address
instructional problems and solutions;
(ii) shall include assistance in identifying
and implementing instructional strategies and
methods that are tied to scientifically based
research and that have proven effective in
addressing the specific instructional issues
that caused the school to be identified for
school improvement;
(iii) shall include assistance in analyzing
and revising the school's budget so that the
school resources are more effectively allocated
for the activities most likely to increase
student performance and to remove the school
from school improvement status; and
(iv) may be provided--
(I) by the local educational agency,
through mechanisms authorized under
section 1117; or
(II) by the State educational agency,
an institution of higher education (in
full compliance with all the reporting
provisions of title II of the Higher
Education Act of 1965), a private not-
for-profit organization or for-profit
organization, an educational service
agency, or another entity with
experience in helping schools improve
performance.
(C) Technical assistance provided under this section
by a local educational agency or an entity approved by
that agency shall be based on scientifically based
research.
(5) Notification to parents.--A local educational
agency shall promptly provide parents (in a format and,
to the extent practicable, in a language they can
understand) of each student in an elementary school or
a secondary school identified for school improvement--
(A) an explanation of what the school
improvement identification means, and how the
school identified for school improvement
compares in terms of academic performance to
other elementary schools or secondary schools
served by the local educational agency and the
State educational agency involved;
(B) the reasons for the identification;
(C) an explanation of what the school
identified for school improvement is doing to
address the problem of low performance;
(D) an explanation of what the local
educational agency or State educational agency
is doing to help the school address the
performance problem; and
(E) an explanation of how parents described
in this paragraph can become involved in
addressing the academic issues that caused the
school to be identified for school improvement.
(6) Corrective action.--(A) In this subsection, the
term `corrective action' means action, consistent with
State and local law, that--
(i) substantially and directly responds to--
(I) the consistent academic failure
of a school that caused the local
educational agency to take such action;
and
(II) any underlying staffing,
curriculum, or other problem in the
school; and
(ii) is designed to increase substantially
the likelihood that students enrolled in the
school identified for corrective action will
perform at the State's proficient and advanced
levels of performance on the State assessment
described in section 1111(b)(3).
(B) In order to help students served under this part
meet challenging State standards, each local
educational agency shall implement a system of
corrective action in accordance with subparagraphs (C)
through (F) and paragraph (7).
(C) After providing technical assistance under
paragraph (4), the local educational agency--
(i) may identify for corrective action and
take corrective action with respect to any
school served by the local educational agency
under this part that fails to make adequate
yearly progress, as defined by the State under
section 1111(b)(2)(B), at the end of the first
year after the school year in which the school
was identified under paragraph (1);
(ii) shall identify for corrective action and
take corrective action with respect to any
school served by the local educational agency
under this part that--
(I) fails to make adequate yearly
progress, as defined by the State under
section 1111(b)(2)(B), at the end of
the second year after the school year
in which the school was identified
under paragraph (1); or
(II) was in program-improvement
status for 2 years or in corrective-
action status under this subsection on
the day preceding the date of enactment
of the Better Education for Students
and Teachers Act;
(iii) shall continue to provide technical
assistance while instituting any corrective
action under clause (i) or (ii); and
(iv) shall promptly notify parents of the
option to transfer their child to another
public school under subparagraph (D)(i).
(D) In the case of a school described in subparagraph
(C)(ii), the local educational agency shall--
(i) provide all students enrolled in the
school with the option to transfer to another
public school within the local educational
agency, including a public charter school, that
has not been identified for school improvement
under paragraph (1), unless--
(I) such an option is prohibited by
State law or local law (which includes
a policy adopted by the school board);
or
(II) the local educational agency
demonstrates to the satisfaction of the
State educational agency that the local
educational agency lacks the capacity
toprovide that option to all students
in the school who request it, in which
case it shall permit as many students
as possible (selected by the agency on
an equitable basis) to make such a
transfer; and
(ii) take at least 1 of the following
corrective actions:
(I) Make alternative governance
arrangements, such as reopening the
school as a public charter school.
(II) Replace the relevant school
staff.
(III) Institute and fully implement a
new curriculum, including providing
appropriate professional development
for all relevant staff, that is tied to
scientifically based research and
offers substantial promise of improving
educational performance for low-
performing students.
(E) A local educational agency may delay, for a
period not to exceed 1 year, implementation of
corrective action only if the school's failure to make
adequate yearly progress was justified due to
exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen
decline in the financial resources of the local
educational agency or school.
(F) The local educational agency shall publish and
disseminate information regarding any corrective action
the local educational agency takes under this paragraph
at a school--
(i) to the public and to the parents of each
student enrolled in the school subject to
corrective action;
(ii) in a format and, to the extent
practicable, in a language that the parents can
understand; and
(iii) through such means as the Internet, the
media, and public agencies.
(7) Reconstitution.--(A) If, after 1 additional year,
a school subject to corrective action under paragraph
(6) continues to fail to make adequate yearly progress
and students in the school who are from economically
disadvantaged families are not making statistically
significant progress in the subjects included in the
State's definition of adequate yearly progress, the
local educational agency shall--
(i) provide all students enrolled in the
school with the option to transfer to another
public school within the local educational
agency, including a public charter school, that
has not been identified for school improvement
under paragraph (1), including affording each
such student the same right to attend any such
school as is afforded to any child who is a new
resident of that school's attendance area; and
(ii) prepare a plan and make necessary
arrangements to carry out subparagraph (B).
(B) Not later than the beginning of the school year
following the year in which the local educational
agency implements subparagraph (A), the local
educational agency shall implement 1 of the following
alternative governance arrangements for the school:
(i) Reopening the school as a public charter
school.
(ii) Replacing all or most of the school
staff.
(iii) Making alternative governance
arrangements.
(C) The local educational agency shall provide prompt
notice to teachers and parents whenever subparagraph
(A) or (B) applies, shall provide the teachers and
parents adequate opportunity to comment before taking
any action under those paragraphs and to participate in
developing any plan under subparagraph (A)(ii), and
shall provide parents an explanation of the option
under subparagraph (A)(i).
(8) Transportation.--In any case described in
paragraph (6)(D)(i) or (7)(A)(i), the local educational
agency shall provide, or shall pay for the provision
of, transportation for the student to the school the
child attends, provided that payments for such purpose
do not exceed 15 percent of the local educational
agency's allocation under this part.
(9) Duration of reconstitution.--If any school
identified for reconstitution under paragraph (7) makes
adequate yearly progress for 2 consecutive years and
children in that school from economically disadvantaged
families are making statistically significant
educational progress over that 2-year period, then the
local educational agency need no longer subject the
school to corrective action or identify the school as
in need of improvement.
(10) State educational agency responsibilities.--The
State educational agency shall--
(A) make technical assistance under section
1117 available to all schools identified for
school improvement and corrective action
underthis subsection, to the extent possible
with funds reserved under section 1003; and
(B) if the State educational agency
determines that a local educational agency
failed to carry out its responsibilities under
this subsection, take such corrective actions
as the State educational agency determines
appropriate and in compliance with State law.
(d) State Review and Local Educational Agency
Improvement.--
(1) In general.--A State educational agency shall
review annually--
(A) the progress of each local educational
agency receiving funds under this part to
determine whether schools receiving assistance
under this part are making adequate progress as
defined in section 1111(b)(2)(B) toward meeting
the State's student performance standards and
to determine whether each local educational
agency is carrying out its responsibilities
under section 1116 and section 1117; and
(B) the effectiveness of the activities
carried out under this part by each local
educational agency that receives funds under
this part and is served by the State
educational agency with respect to parental
involvement, professional development, and
other activities assisted under this part.
(2) Rewards.--In the case of a local educational
agency that for 3 consecutive years has met or exceeded
the State's definition of adequate progress as defined
in section 1111(b)(2)(B), the State may make
institutional and individual rewards of the kinds
described for individual schools in paragraph (2) of
section 1117(c).
(3) Identification.--(A) A State educational agency
shall identify for improvement any local educational
agency that for 2 consecutive years, is not making
adequate progress as defined in section 1111(b)(2)(B)
in schools served under this part toward meeting the
State's student performance standards, except that
schools served by the local educational agency that are
operating targeted assistance programs may be reviewed
on the basis of the progress of only those students
served under this part.
(B) Before identifying a local educational agency for
improvement under paragraph (1), the State educational
agency shall provide the local educational agency with
an opportunity to review the school-level data,
including assessment data, on which such identification
is based. If the local educational agency believes that
such identification for improvement is in error due to
statistical or other substantive reasons, such local
educational agency may provide evidence to the State
educational agency to support such belief.
(4) Local educational agency revisions.--(A) Each
local educational agency identified under paragraph (3)
shall, not later than 3 months after being so
identified, revise a local educational agency plan as
described under section 1112. The plan shall--
(i) include specific State-determined yearly
progress requirements in subjects and grades to
ensure that all students will meet proficient
levels of performance within 10 years;
(ii) address the fundamental teaching and
learning needs in the schools of that agency,
and the specific academic problems of low-
performing students including a determination
of why the local educational agency's prior
plan failed to bring about increased student
achievement and performance;
(iii) incorporate scientifically based
research strategies that strengthen the core
academic program in the local educational
agency;
(iv) address the professional development
needs of the instructional staff by committing
to spend not less than 10 percent of the funds
received by the school under this part during 1
fiscal year for professional development, which
funds shall supplement and not supplant
professional development that instructional
staff would otherwise receive, and which
professional development shall increase the
content knowledge of teachers and build the
capacity of the teachers to align classroom
instruction with challenging content standards
and to bring all students to proficient or
advanced levels of performance as determined by
the State;
(v) identify specific goals and objectives
the local educational agency will undertake for
making adequate yearly progress, which goals
and objectives shall be consistent with State
standards;
(vi) identify how the local educational
agency will provide written notification to
parents in a format, and to the extent
practicable, in a language that the parents can
understand;
(vii) specify the responsibilities of the
State educational agency and the local
educational agency under the plan; and
(viii) include strategies to promote
effective parental involvement in the school.
(5) State educational agency responsibility.--(A) For
each local educational agency identified under
paragraph (3), the State educational agency shall--
(i) provide technical or other assistance, if
requested, as authorized under section 1117, to
better enable the local educational agency to--
(I) develop and implement the local
educational agency's revised plan; and
(II) work with schools needing
improvement; and
(ii) make available to the local educational
agencies farthest from meeting the State's
standards, if requested, assistance under
section 1117.
(B) Technical assistance provided under this section
by the State educational agency oran entity authorized
by such agency shall be supported by effective methods
and scientifically based research instructional
strategies. Such technical assistance shall address
problems, if any, in implementing the parental
involvement activities described in section 1118 and
the professional development activities described in
section 1119.
(6) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance
pursuant to paragraph (5) and taking other remediation
measures, the State educational agency may take
corrective action at any time against a local
educational agency that has been identified under
paragraph (3), but, during the fourth year following
identification under paragraph (3), shall take such
action against any local educational agency that still
fails to make adequate progress.
(B)(i) Consistent with State and local law, in order
to help students served under this part meet
challenging State and local standards, each State
educational agency shall implement a corrective action
system in accordance with the following:
(I) After providing technical assistance as
described under paragraph (5), the State
educational agency--
(aa) may take corrective action at
any time with respect to a local
educational agency that has been
identified under paragraph (3);
(bb) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State; and
(cc) shall continue to provide
technical assistance while implementing
any corrective action.
(II) Consistent with State and local law, in
the case of a local educational agency
described under subclause (I), the State
educational agency shall not take less than 1
of the following corrective actions:
(aa) Instituting and fully
implementing a new curriculum that is
based on State and local standards,
including appropriate scientifically
based research professional development
for all relevant staff that offers
substantial promise of improving
educational achievement for low-
performing students.
(bb) Restructuring the local
educational agency.
(cc) Developing and implementing a
joint plan between the State
educational agency and the local
educational agency that addresses
specific elements of student
performance problems and that specifies
the responsibilities of the State
educational agency and the local
educational agency under the plan.
(dd) Reconstituting school district
personnel.
(ee) Making alternative governance
arrangements.
(III) Consistent with State and local law, in
the case of a local educational agency
described under subclause (I), the State
educational agency may take 1 of the following
corrective actions:
(aa) Deferring, reducing, or
withholding funds.
(bb) Restructuring or abolishing the
local educational agency.
(cc) Removal of particular schools
from the jurisdiction of the local
educational agency and establishment of
alternative arrangements for public
governance and supervision of such
schools.
(dd) Appointment by the State
educational agency of a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
(ii) Notwithstanding clause (i), corrective actions
taken pursuant to this section shall not include the
actions described in subclauses (I), (II), and (III) of
clause (i) until the State has developed assessments
that meet the requirements of paragraph (3) of section
1111(b).
(C) Hearing.--Prior to implementing any corrective
action, the State educational agency shall provide
notice and a hearing to the affected local educational
agency, if State law provides for such notice and
hearing. The hearing shall take place not later than 45
days following the decision to implement corrective
action.
(D) Notification to parents.--The State educational
agency shall publish, and disseminate toparents and the
public, any corrective action the State educational
agency takes under this paragraph through a widely read
or distributed medium.
(E) Delay.--A State educational agency may delay, for
a period not to exceed 1 year, implementation of
corrective action if--
(i) the State educational agency determines
that the local educational agency is meeting
the State-determined yearly progress
requirements in subjects and grades included in
the State assessments; and
(ii) the schools within the local educational
agency will meet the State's criteria for
improvement within 1 year.
(F) Waivers.--The State educational agency shall
review any waivers approved prior to the date of
enactment of the Better Education for Students and
Teachers Act for a local educational agency designated
for improvement or corrective action and shall
terminate any waiver approved by the State under the
Educational Flexibility Partnership Act of 1999 if the
State determines, after notice and an opportunity for a
hearing, that the waiver is not helping the local
educational agency make yearly progress to meet the
objectives and specific goals described in the local
educational agency's improvement plan.
(7) Special rule.--Local educational agencies that
for at least 2 of the 3 years following identification
under paragraph (3) make adequate progress toward
meeting the State's standards no longer need to be
identified for local educational agency improvement.
(e) Construction.--Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and
procedures afforded school or school district employees under
Federal, State, or local laws (including applicable regulations
or court orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other agreements
between such employees and their employers.
SEC. 117. [20 U.S.C. 6318] STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
(a) System for Support.--
(1) State support.--* * *
* * * * * * *
(3) Priorities.--In carrying out this section, a
State educational agency shall--
(A) first, provide support and assistance to
local educational agencies subject to
corrective action described in section 1116 and
assist schools, in accordance with section
1116, for which a local educational agency has
failed to carry out its responsibilities under
section 1116;
(B) second, provide support and assistance to
other local educational agencies and schools
identified as in need of improvement under
section 1116; and
(C) third, provide support and assistance to
other local educational agencies and schools
participating under this part that need support
and assistance in order to achieve the purpose
of this part.
* * * * * * *
(b) Regional Centers.--Such a statewide system shall work
with and receive support and assistance from [the comprehensive
regional technical assistance centers under part A of title
XIII and] comprehensive regional technical assistance centers,
and the educational regional laboratories under section 941(h)
of the Educational Research, Development, Dissemination, and
Improvement Act of 1994.
(c) Provisions.--The system shall include at a minimum, the
following:
[(1) School support teams.--
[(A) Each State educational agency, in
consultation with local educational agencies
and schools, shall establish a system of school
support teams to provide information and
assistance to schoolwide programs and to assist
such programs in providing an opportunity to
all students to meet the State's student
performance standards.
[(B) If funds are sufficient, school support
teams shall provide information and assistance
to--
[(i) schools--
[(I) in which the number of
students in poverty is equal to
or greater than 75 percent of
the total number of students
enrolled in such school; and
[(II) identified as in need
of improvement under section
1116(c)(1); and
[(ii) other schools in need of
improvement.
[(C) Each such team shall be composed of
persons, including teachers, pupil services
personnel, representatives of organizations
knowledgeable about successful schoolwide
projects or comprehensive school reform
(especially distinguished educators described
in paragraph (3)), and other persons who are
knowledgeable about research and practice on
teaching and learning, particularly about
strategies for improving the educational
opportunities for low-achieving students
(including alternative and applied learning),
such as representatives of institutions of
higher education, regional educational
laboratories or research centers, and outside
consultant groups.
[(D) A school support team shall work
cooperatively with each school and make
recommendations as the school develops the
school's schoolwide program plan or school
improvement plan, review each plan, and make
recommendations to the school and the local
educational agency.
[(E) During the operation of the schoolwide
program or during school improvement
activities, a school support team shall--
[(i) periodically review the progress
of the school in enabling children in
the school to meet the State's student
performance standards under this part;
[(ii) identify problems in the design
and operation of the instructional
program; and
[(iii) make recommendations for
improvement to the school and the local
educational agency.]
(1) Approaches.--
(A) In general.--In order to achieve the
purpose described in subsection (a), each such
system shall give priority to using funds made
available to carry out this section--
(i) to establish school support teams
for assignment to and working in
schools in the State that are described
in subsection (a)(3)(A); and
(ii) to provide such support as the
State educational agency determines to
be necessary and available to assure
the effectiveness of such teams.
(B) Composition.--Each school support team
shall be composed of persons knowledgeable
about successful schoolwide projects, school
reform, and improving educational opportunities
for low-achieving students, including--
(i) teachers;
(ii) pupil services personnel;
(iii) parents;
(iv) distinguished teachers or
principals;
(v) representatives of institutions
of higher education;
(vi) regional educational
laboratories or research centers;
(vii) outside consultant groups; or
(viii) other individuals as the State
educational agency, in consultation
with the local educational agency, may
determine appropriate.
(C) Functions.--Each school support team
assigned to a school under this section shall--
(i) review and analyze all facets of
the school's operation, including the
design and operation of the
instructional program, and assist the
school in developing recommendations
for improving student performances in
that school;
(ii) collaborate, with school staff
and the local educational agency
serving the school, in the design,
implementation, and monitoring of a
plan that, if fully implemented, can
reasonably be expected to improve
student performance and help the school
meet its goals for improvement,
including adequate yearly progress
under section 1111(b)(2)(B);
(iii) evaluate, at least
semiannually, the effectiveness of
school personnel assigned to the
school, including identifying
outstanding teachers and principals,
and make findings and recommendations
(including the need for additional
resources, professional development, or
compensation) to the school, the local
educational agency, and, where
appropriate, the State educational
agency; and
(iv) make additional recommendations
as the school implements the plan
described in clause (ii) to the local
educational agency and the State
educational agency concerning
additional assistance and resources
that are needed by the school or the
school support team.
(D) Continuation of assistance.--After 1
school year, the school support team may
recommend that the school support team continue
to provide assistance to the school, or that
the local educational agency or the State
educational agency, as appropriate, take
alternative actions with regard to the school.
(2) Distinguished schools.--
(A) Each State shall designate as a
distinguished school any school served under
this [part which, for three consecutive years,
has exceeded the State's definition of adequate
progress as defined in section
1111(b)(2)(A)(i), and, any school in which--
(i) virtually all students have met
the State's ad-vanced level of student
performance; and
(ii) equity in participation and
achievement of students by sex has been
achieved or significantly improved.]
part.
* * * * * * *
(C) States shall use funds reserved under
section 1003(a) and funds made available under
section 1001(f) to allow schools identified
under this paragraph to carry out the
activities described in subparagraph (B) [and
may] and may use such funds to provide awards
to such schools to further such school's
education programs under this part, provide
additional incentives for continued success,
and reward individuals or groups in the school
for [exemplary performance.] exemplary
performance.
* * * * * * *
(3) Distinguished [educators] Teachers and
Principals.--
[(A) In order to provide assistance to
schools and local educational agencies
identified as needing improvement and schools
participating in schoolwide programs, each
State, in consultation with local educational
agencies and using funds reserved under section
1003(a) and made available under section
1002(f), shall establish a corps of
distinguished educators.] (A) The State may
also recognize and provide financial awards to
teachers or principals in a school described in
paragraph (2) whose students consistently make
significant gains in academic achievement.
(B) When possible, distinguished [educators]
teachers and principals shall be chosen from
schools served under this part that have been
especially successful in enabling children to
meet or make outstanding progress toward
meeting the State's student performance
standards, such as the schools described in
paragraph (2).
[(C) Distinguished educators shall provide,
as part of the statewide system, intensive and
sustained assistance to the schools and local
educational agencies farthest from meeting the
State's student performance standards and to
schoolwide programs as such programs develop
and imple-ment their plans, including
participation in the support teams described in
paragraph (1).]
* * * * * * *
SEC. 1118. [20 U.S.C. 6319] PARENTAL INVOLVEMENT.
(a) Local Educational Agency Policy.--
(1) In general.--* * *
* * * * * * *
(B) provide the coordination, technical
assistance, and other support necessary to
assist participating schools activities to
improve student achievement and student and
school performance in planning and implementing
effective parent [involvement];
* * * * * * *
(b) School Parental Involvement Policy.--
(1) In general.-- Each school served under this part
shall jointly develop with, and distribute (in a
language parents can understand) to parents of
participating children a written parental involvement
policy, agreed upon by such parents, that shall
describe the means for carrying out the requirements of
subsections (c) through (f). Such policy shall be made
available to the local community and shall be updated
periodically to meet the changing needs of parents and
the school.
* * * * * * *
(e) Building Capacity for Involvement.-- To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve student
achievement, each school and local educational agency--
(1) shall provide assistance to [participating
parents in such areas as understanding the National
Education Goals,] parents of children served by the
school or local educational agency, as appropriate, in
understanding the State's content standards, and State
student performance standards, the provisions of
section 1111(b)(8), State and local assessments, the
requirements of this part, and how to monitor a child's
progress and work with educators to improve the
performance of their children as well as information on
how parents can participate in decisions relating to
the education of their children;
(2) shall provide materials and training, such as--
(A) coordinating necessary literacy training
from other sources to help parents work with
their children to improve their children's
achievement; [and]
(B) training to help parents to work with
their children to improve their children's
achievement; and
(C) using technology, as appropriate, to
foster parental involvement;
* * * * * * *
(14) may adopt and implement model approaches to
improving parental involvement, such as Even Start;
[and]
[(15) shall provide such other reasonable support for
parental involvement activities under this section as
parents may request.]
(15) may establish a school district wide parent
advisory council to advise the school and local
educational agency on all matters related to parental
involvement in programs supported under this section;
and
(16) shall provide such other reasonable support for
parental involvement activities under this section as
parents may request, which may include emerging
technologies.
(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall provide
full opportunities for the participation of parents with
limited English proficiency [or with], parents of migratory
children, or parent with disabilities, including providing
information and school profiles in a language and form such
parents understand.
[(g) Parental Information and Resource Centers.--In States
where parental information and resource centers have been
established pursuant to section 401 of the Goals 2000: Educate
America Act of 1994 (to provide training, information, and
support to parents and individuals who work with parents),
local educational agencies and schools receiving assistance
under this part shall assist parents and parent organizations
by informing such parents and organizations of the existence
and purpose of such centers, providing such parents and
organizations with a description of services and programs
provided by such centers, advising parents on how to use such
centers, and helping parents to contact such centers.]
(g) Information From Parental Information and Resource
Centers.--In a State where a parental information and resource
center is established to provide training, information, and
support to parents and individuals who work with local parents,
local educational agencies, and schools receiving assistance
under this part, each school or local educational agency that
receives assistance under this part and is located in the
State, shall assist parents and parental organizations by
informing such parents and organizations of the existence and
purpose of such centers, providing such parents and
organizations with a description of the services and programs
provided by such centers, advising parents on how to use such
centers, and helping parents to contact such centers.
(h) Review.--The State educational agency shall review the
local educational agency's parental involvement policies and
practices to determine if the policies and practices meet the
requirements of this section.
SEC. 1119. [20 U.S.C. 6301] PROFESSIONAL DEVELOPMENT.
(a) Program Requirements.--
(1) In general.--* * *
* * * * * * *
[(A) support instructional practices that are
geared to challenging State content standards
and create a school environment conducive to
high achievement in the academic subjects:]
(A) support professional development
activities that give teachers, principals,
administrators, paraprofessionals, pupil
services personnel, and parents the knowledge
and skills to provide students with the
opportunity to meet challenging State or local
content standards and student performance
standards;
(B) advance teacher understanding of
effective instructional strategies, based on
research for improving student achievement, at
a minimum in reading or language arts and
mathematics;
(C) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher's performance in the
classroom, except that this subparagraph shall
not apply to an activity if such activity is 1
component of a long-term comprehensive
professional development plan established by
the teacher and the teacher's supervisor based
upon an assessment of the needs of the teacher,
the needs of students, and the needs of the
local educational agency;
[(B)](D) support local educational agency
plans under section 1112 and school plans under
section 1114;
[(C)](E) draw on resources available under
this part, title III of the Goals 2000: Educate
America Act, [Title II of this Act,] and from
other sources;
[(D)](F) where appropriate, as determined by
the local educational agency, include
strategies for developing curricula and
teaching methods that integrate academic and
vocational instruction (including applied
learning and team teaching strategies); [and]
[(E)](G) include strategies for identifying
and eliminating gender and racial bias in
instructional materials, methods, and
practices[.];
(H) to the extent appropriate, provide
training for teachers in the use of technology
and the applications of technology that are
effectively used--
(i) in the classroom to improve
teaching and learning in the
curriculum; and
(ii) in academic content areas in
which the teachers provide instruction;
and
(I) be regularly evaluated for their impact
on increased teacher effectiveness and improved
student performance and achievement, with the
findings of such evaluations used to improve
the quality of professional development.
* * * * * * *
(g) Combinations of Funds.--Funds provided under this part
that are used for professional development purposes may be
combined with funds provided under title II of this Act, [title
III of the Goals 2000: Educate America Act] other Acts and
other sources.
* * * * * * *
SEC. 1120. [20 U.S.C. 6321] PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in a local educational agency who are enrolled
in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment that address their needs, and shall ensure
that teachers and families of such children
participate, on an equitable basis, in services and
activities under sections 1118 and 1119).
* * * * * * *
(3) Equity.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public
school children participating under this part and shall
be provided in a timely manner.
(4) Expenditures.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas
based on the number of children from low-income
families who attend private schools as determined by
the local educational agency each year or every 2
years.
* * * * * * *
(b) Consultation.--
(1) In general.--* * *
* * * * * * *
(C) how [and where], where, and by whom the
services will be provided;
[(D) how the services will be assessed; and]
(D) how the services will be assessed and how
the results of that assessment will be used to
improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and what is the proportion of
funds allocated under subsection (a)(4) for
such services[.]; and
(F) how and when the local educational agency
will make decisions about the delivery of
services to eligible private school children,
including a thorough consideration and analysis
of the views of private school officials
regarding the provision of contract services
through potential third party providers, and if
the local educational agency disagrees with the
views of the private school officials on such
provision of services, the local educational
agency shall provide in writing to such private
school officials an analysis of the reasons why
the local educational agency has chosen not to
so provide such services.
* * * * * * *
(4) Consultation.--Each local educational agency
shall provide to the State educational agency, and
maintain in the local educational agency's records, a
written affirmation signed by officials of each
participating private school that the consultation
required by this section has occurred. If a private
school declines in writing to have eligible children in
the private school participate in services provided
under this section, the local educational agency is not
required to further consult with the private school
officials or to document the local educational agency's
consultation with the private school officials until
the private school officials request in writing such
consultation. The local educational agency shall inform
the private school each year of the opportunity for
eligible children to participate in services provided
under this section.
(5) Compliance.--A private school official shall have
the right to appeal to the State educational agency the
decision of a local educational agency as to whether
consultation provided for in this section was
meaningful and timely, and whether due consideration
was given to the views of the private school official.
If the private school official wishes to appeal the
decision, the basis of the claim of noncompliance with
this section by the local educational agencies shall be
provided to the State educational agency, and the local
educational agency shall forward the appropriate
documentation to the State educational agency.
* * * * * * *
(c) Allocation for Equitable Service to Private School
Students.--
(1) Calculation.--A local educational agency shall
have the final authority, consistent with this section,
to calculate the number of private school children,
ages 5 through 17, who are low-income by--
(A) using the same measure of low-income used
to count public school children;
(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and
allowing such survey results to be extrapolated
if complete actual data are unavailable; or
(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area.
(2) Complaint process.--Any dispute regarding low-
income data for private school students shall be
subject to the complaint process authorized in section
8.
[(c)](d) Public Control of Funds.--
(1) In general.--* * *
* * * * * * *
[(d)](e) Standards for a Bypass.--[If a]
``(1) In General.--If a local educational agency is
prohibited by law from providing for the participation
on an equitable basis of eligible children enrolled in
private elementary and secondary schools or if the
Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for
such participation, as required by this section, the
Secretary shall--
[(1)](A) waive the requirements of this section for
such local educational agency; and
[(2)](B) arrange for the provision of services to
such children through arrangements that shall be
subject to the requirements of this section and
sections [14505 and 14506] 8 and 9.
(2) Determination.--In making the determination under
paragraph (1), the Secretary shall consider 1 or more
factors, including the quality, size, scope, or
location of the program, or the opportunity of eligible
children to participate in the program.
[(e)](f) Capital Expenses.--
[(1) In general.--(A) From the amount appropriated
for this subsection under section 1002(e) for any
fiscal year, each State is eligible to receive an
amount that bears the same ratio to the amount so
appropriated as the number of private school children
who received services under this part in the State in
the most recent years for which data satisfactory to
the Secretary are available bears to the number of such
children in all States in that same year.
[(B) The Secretary shall reallocate any amounts
allocated under subparagraph (A) that are not used by a
State for the purpose of this subsection to other
States on the basis of their respective needs, as
determined by the Secretary.
[(2) Capital expenses.--(A) A local educational
agency may apply to the State educational agency for
payments for capital expenses consistent with this
subsection.
[(B) State educational agencies shall distribute such
funds under this subsection to local educational
agencies based on the degree of need set forth in their
respective applications for assistance under this
subsection.
[(3) Uses of funds.--Any funds appropriated to carry
out this subsection shall be used only for capital
expenses incurred to provide equitable services for
private school children under this section.
[(4) Definition.--For the purpose of this subsection,
the term ``capital expenses'' means--
[(A) expenditures for noninstructional goods
and services, such as the purchase, lease, or
renovation of real and personal property,
including mobile educational units and leasing
of natural sites or spaces;
[(B) insurance and maintenance costs;
[(C) transportation; and
[(D) other comparable goods and services.]
SEC. 1120A. [20 U.S.C. 6322] FISCAL REQUIREMENTS.
(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section [14501 of this Act] 4.
* * * * * * *
[SEC. 1120B. [20 U.S.C. 6323] COORDINATION REQUIREMENTS.] SEC. 1120B.
COORDINATION REQUIREMENTS; EARLY CHILDHOOD
EDUCATION SERVICES.
(a) In General.--* * *
* * * * * * *
(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations
promulgated under the [Head Start Act Amendments of 1994] Head
Start Amendments of 1998.
(d) Early Childhood Services.--A local educational agency may
use funds received under this part to provide preschool
services--
(1) directly to eligible preschool children in all or
part of its school district;
(2) through any school participating in the local
educational agency's program under this part; or
(3) through a contract with a local Head Start
agency, an eligible entity operating an Even Start
program, a State-funded preschool program, or a
comparable public early childhood development program.
(e) Early Childhood Education Programs.--Early childhood
education programs operated with funds provided under this part
may be operated and funded jointly with Even Start programs
under part B of this title, Head Start programs, or State-
funded preschool programs. Early childhood education programs
funded under this part shall--
(1) focus on the developmental needs of participating
children, including their social, cognitive, and
language-development needs, and use scientifically
based research approaches that build on competencies
that lead to school success, particularly in language
and literacy development and in reading;
(2) teach children to understand and use language in
order to communicate for various purposes;
(3) enable children to develop and demonstrate an
appreciation of books; and
(4) in the case of children with limited English
proficiency, enable the children to progress toward
acquisition of the English language.
[Subpart 2--Allocations
[SEC. 1121. [20 U.S.C. 6331] GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
[(a) Reservation of Funds.--From the amount appropriated
for payments to States for any fiscal year under section
1002(a), the Secretary shall reserve a total of 1 percent to
provide assistance to--
[(1) the outlying areas on the basis of their
respective need for such assistance according to such
criteria as the Secretary determines will best carry
out the purpose of this part; and
[(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection (c).
[(b) Assistance to the Outlying Areas.--
[(1) In general.--From amounts made available under
subsection (a) in each fiscal year the Secretary shall
make grants to local educational agencies in the
outlying areas (other than the outlying areas assisted
under paragraph (3)).
[(2) Competitive grants.--(A) The Secretary shall
reserve $5,000,000 from the amounts made available
under subsection (a) in each fiscal year to award
grants on a competitive basis, to local educational
agencies in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of
Palau. The Secretary shall award such grants according
to the recommendations of the Pacific Region
Educational Laboratory which shall conduct a
competition for such grants.
[(B) Except as provided in subparagraph (D), grant
funds awarded under this part only may be used for
programs described in this Act, including teacher
training, curriculum development, instructional
materials, or general school improvement and reform.
[(C) Grant funds awarded under this paragraph only
may be used to provide direct educational services.
[(D) The Secretary may provide 5 percent of the
amount made available for grants under this paragraph
to pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities assisted
under this paragraph.
[(c) Allotment to the Secretary of the Interior.--
[(1) In general.--The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
[(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the
Department of the Interior; and
[(B) out-of-State Indian children in
elementary and secondary schools in local
educational agencies under special contracts
with the Department of the Interior.
[(2) Payments.--From the amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such terms
as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The amount
of such payment may not exceed, for each such child,
the greater of--
[(A) 40 percent of the average per pupil
expenditure in the State in which the agency is
located; or
[(B) 48 percent of such expenditure in the
United States.
[SEC. 1122. [20 U.S.C. 6332] ALLOCATIONS TO STATES.
[(a) In General.--
[(1) Fiscal year 1995.--For fiscal year 1995,
appropriations for this part shall be allocated
according to the provisions of sections 1005, except
subsection (a)(3), and 1006, part A of chapter 1 of
title I, Elementary and Secondary Education Act of
1965, as in effect on September 30, 1994, except that
the State minimum for section 1005 shall be the lesser
of 0.25 percent of total appropriations or the average
of 0.25 percent of total appropriations and 150 percent
of the national average grant per child counted for
grants under section 1005 multiplied by the State's
number of children counted for such grants, and for
grants under section 1006, the State minimum shall be
the lesser of--
[(A) 0.25 percent of total appropriations;
and
[(B) the average of--
[(i) 0.25 percent of total
appropriations; and
[(ii) the greater of 150 percent of
the national average grant per child
counted for grants under such section
1006 multiplied by the State total
number of such children, or $340,000.
[(2) Succeeding fiscal years.--For fiscal years 1996
through 1999, an amount of the appropriations for this
part equal to the appropriation for fiscal year 1995
for section 1005, shall be allocated in accordance with
section 1124, and an amount equal to the appropriation
for fiscal year 1995 for section 1006 shall be
allocated in accordance with section 1124A. Any
additional appropriations under section 1002(a) for any
fiscal year after application of the preceding
sentence, shall be allocated in accordance with section
1125.
[(b) Adjustment Where Necessitated by Appropriations.--
[(1) In general.--If the sums available under this
part for any fiscal year are insufficient to pay the
full amounts that all local educational agencies in
States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and
(d) of this section.
[(2) Additional funds.--If additional funds become
available for making payments under sections 1124,
1124A, and 1125 for such fiscal year, allocations that
were reduced under paragraph (1) shall be increased on
the same basis as they were reduced.
[(c) Hold-Harmless Amounts.--
[(1) In general.--For fiscal year 1995,
notwithstanding subsection (b) and without regard to
amounts available fordelinquent children under subpart
2 of part D, the amount made available to each local
educational agency under such section 1005 shall be at
least 85 percent of the amount such local educational
agency received for the preceding year under such
section 1005.
[(2) Fiscal year 1996.--Notwithstanding subsection
(b) and without regard to amounts available for
delinquent children under subpart 2 of part D, for
fiscal year 1996 the total amount made available to
each local educational agency under each of sections
1124 and 1124A for any fiscal year shall be at least
100 percent of the total amount such local educational
agency was allocated under such sections (or their
predecessor authorities) for the preceding fiscal year.
[(3) Fiscal years 1997-1999.--For fiscal years 1997
through 1999, not withstanding subsection (b) and
without regard to amounts available for delinquent
children under subpart 2 of part D, the amount made
available to each local educational agency under each
of sections 1124 and 1125 shall be at least 95 percent
of the previous year's amount if the number of children
counted for grants under section 1124 is at least 30
percent of the total number of children aged 5 to 17
years, inclusive, in the local educational agency, 90
percent of the previous year amount if this percentage
is between 15 percent and 30 percent, and 85 percent if
this percentage is below 15 percent. For fiscal years
1997 and 1998, in calculating grants on the basis of
population data for counties, the Secretary shall apply
the hold-homeless percentages in the preceding sentence
to counties. For fiscal years 1996 through 1998, if the
Secretary's allocation for a county is not sufficient
to meet the hold-harmless requirements of this
paragraph for every local educational agency within
that county, then the State educational agency shall
reallocate funds proportionately from all other local
educational agencies in the State that are receiving
funds in excess of the hold-harmless amounts specified
in this paragraph.
[(d) Ratable Reductions.--
[(1) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
[(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for
such fiscal year, amounts that were reduced under
paragraph (1) shall be increased on the same basis as
such amounts reduced.
[(e) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
states, the District of Columbia, and the Commonwealth of
Puerto Rico.
[SEC 1124. [20 U.S.C. 6333] BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Amount of Grants.--
[(1) Grants for local educational agencies and puerto
rico.--The grant which a local educational agency in a
State is eligible to receive under this subpart for a
fiscal year shall (except as provided in section 1126),
be determined by multiplying the number of children
counted under subsection (c) by 40 percent of the
amount determined under the next sentence. The amount
determined under this sentence shall be the average per
pupil expenditure in the State except that--
[(A) if the average per pupil expenditure in
the State is less than 80 percent of the
average per pupil expenditure in the United
States, such amount shall be 80 percent of the
average per pupil expenditure in the United
States; or
[(B) if the average per pupil expenditure in
the State is more than 120 percent of the
average per pupil expenditure in the United
States, such amount shall be 120 percent of the
average per pupil expenditure in the United
States.
[(2) Basis for calculating grants.--For fiscal years
1995 through 1998, grants shall be calculated by the
Secretary on the basis of the number of children
counted under subsection (c) for counties, and State
educational agencies shall suballocate county amounts
to local educational agencies, in accordance with
regulations published by the Secretary. In any State in
which a large number of local educational agencies
overlap county boundaries, the State educational agency
may apply to the Secretary for authority during any
particular fiscal year to make the allocations under
this part (other than section 1124A) directly to local
educational agencies without regard to the counties. If
the Secretary approves an application of a State
educational agency for a particular year under this
subparagraph, the State educational agency shall
provide assurances that--
[(A) such allocations will be made using
precisely the same factors for determining a
grant as are used under this part;
[(B) such allocations will be made using
alternative data approved by the Secretary that
the State determines best reflects the
distribution of children in poor families and
is adjusted to be equivalent in proportion to
the number of children determined in accordance
with subsection (c); or
[(C) such allocations will be made using data
that the State educational agency submits to
the Secretary for approval that more accurately
target poverty.
In addition, the State educational agency shall provide
assurances that a procedure will be established through
which local educational agencies dissatisfied with the
determinations made by the State educational agency may
appeal directly to the Secretary for a final
determination. Beginning in fiscal year 1999, grants
shall be calculated by the Secretary on the basis of
population data compiled for local educational
agencies, unless the Secretary and the Secretary of
Commerce determine that use of the updated population
data would be inappropriate or unreliable taking into
consideration the recommendations of the study to be
conducted by the National Academy ofSciences. If the
Secretary and the Secretary of Commerce determine that
some or all of the data referred to in this paragraph
are inappropriate or unreliable, the Secretaries shall
jointly issue a report setting forth their reasons in
detail. In years when grants are calculated by the
Secretary on the basis of local educational agency
data, for each local educational agency serving an area
with a total population of at least 20,000 persons, the
grant under this section shall be the amount determined
by the Secretary. For local educational agencies
servicing areas with total populations of fewer than
20,000 persons, the State educational agency may
either--
[(i) distribute to such local educational
agencies grants under this section equal to the
amounts determined by the Secretary; and
[(ii) use an alternative method, approved by
the Secretary, to distribute the share of the
State's total grants under this section that is
based on local educational agencies with total
populations of fewer than 20,000 persons. Such
an alternative method of distributing grants
under this section among a State's local
educational agencies serving areas with total
populations of fewer than 20,000 persons shall
be based upon population data that the State
educational agency determines best reflect the
current distribution of children in poor
families among the State's local educational
agencies serving areas with total populations
of fewer than 20,000 persons. If a local
educational agency serving an area with total
population of less than 20,000 persons is
dissatisfied with the determination of its
grant by the State education agency, then such
local educational agency may appeal this
determination to the Secretary. The Secretary
must respond to this appeal within 45 days of
receipt.
[(3) Puerto rico.--For each fiscal year, the
Secretary shall determine the percentage which the
average per pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States. The grant which
the Commonwealth of Puerto Rico shall be eligible to
receive under this section for a fiscal year shall be
the amount arrived at by multiplying the number of
children counted under subsection (c) for the
Commonwealth of Puerto Rico by the product of--
[(A) the percentage determined under the
preceding sentence; and
[(B) 32 percent of the average per pupil
expenditure in the United States.
[(4) Definition.--For purposes of this subsection,
the term ``State'' does not include Guam, American
Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau.
[(b) Minimum Number of Children To Qualify.--Subject to the
succeeding sentence, a local educational agency shall be
eligible for a basic grant for a fiscal year under this subpart
only if the number of children counted under subsection (c) in
the school district of such local educational agency is at
least 10. Beginning in fiscal year 1996, no local educational
agency shall be eligible for a grant under this section if the
number of children counted for grants under this section is
equal to 2 percent or less of the total school age population
in the local educational agency. For fiscal years 1996 though
1998, grants not made as a result of applying the preceding
sentence shall be reallocated by the State educational agency
to other eligible local education agencies in the State in
proportion to the distribution of other funds under this
section.
[(c) Children To Be Counted.--
[(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
[(A) the number of children aged 5 to 17,
inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraph
(2);
[(B) the number of children aged 5 to 17,
inclusive, in the school district of such
agency from families above the poverty level as
determined under paragraph (5); and
[(C) the number of children aged 5 to 17,
inclusive, in the school district of such
agency in institutions for neglected and
delinquent children (other than such
institutions operated by the United States),
but not counted pursuant to subpart 1 of part D
for the purposes of a grant to a State agency,
or being supported in foster homes with public
funds.
[(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 17, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. For
fiscal year 1999 and beyond, the District of Columbia
and the Commonwealth of Puerto shall be treated as
individual local educational agencies. If a local
educational agency contains two or more counties in
their entirety, then each county will be treated as if
such county were a separate local educational agency
for purposes of calculating grants under this part. The
total of grants for such counties shall be allocated to
such a local educational agency, which local
educational agency shall distribute to schools in each
county within such agency a share of the local
educational agency's total grant that is no less than
the county's share of the population counts used to
calculate the local educational agency's grant.
[(3) Population updates.--In fiscal year 1997 and
every 2 years thereafter, the Secretary shall use
updated data on the number of children, aged 5 to 17,
inclusive, from families below the poverty level for
counties or local educational agencies, published by
the Department of Commerce, unless the Secretary and
the Secretary of Commerce determine that use of the
updated population data would be inappropriate or
unreliable, taking into consideration the
recommendations of the study to be conducted by the
National Academy of Sciences. If the Secretary and the
Secretary of Commerce determine that some or all of the
data referred to in this paragraph are inappropriateor
unreliable, they shall jointly issue a report setting
forth their reasons in detail. In determining the
families which are below the poverty level, the
Secretary shall utilize the criteria of poverty used by
the Bureau of the Census in compiling the most recent
decennial census, in such form as those criteria have
been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of
Labor Statistics.
[(4) Study.--(A) The Secretary of Education shall,
within 30 days after the date of enactment of the
Improving America's School's Act of 1994, contract with
the National Academy of Sciences (hereafter in this
section referred to as the ``Academy'') to study the
program to produce intercensal poverty data for small
geographic areas and certain age cohorts being
developed by the Bureau of the Census.
[(B) In conducting its study, the Academy shall
consider such matters as--
[(i) the methodology used to produce and
publish intercensal poverty data, and possible
alternative methods to improve the usefulness
of the data for Federal program purposes;
[(ii) the availability of alternative
indicators of poverty for small geographic
areas, against which the poverty data produced
and published by the Bureau of the Census could
be compared;
[(iii) the reliability of the poverty data
produced and published by the Bureau of the
Census, particularly for less populous
geographic areas;
[(iv) the reliability of intercensal poverty
data produced and published by the Bureau of
the Census, as compared over time to similar
data produced by the Bureau of the Census
during the most recent decennial census; and
[(v) the usefulness of poverty data produced
and published by the Bureau of the Census for
Federal programs that allocate funds to State
and subState areas based, in whole or in part,
on such data.
[(C) The Academy shall submit to the Secretary and
the Secretary of Commerce, as well as to the Committee
on Education and Labor and the Committee on Post Office
and Civil Service of the House of Representatives and
the Committee on Labor and Human Resources and the
Committee on Governmental Affairs of the Senate--
[(i) not later than 18 months after the date
on which a contract is entered into under
subsection (a), and not later than every 18
months thereafter, such interim reports on the
Academy's activities under this Act that the
Academy deems appropriate, including a detailed
statement of the Academy's findings and
conclusions with respect to any poverty data
which the Bureau of the Census publishes and
produces, within 90 days of such publication;
and
[(ii) not later than December 31, 1998, a
final report which shall include a more
detailed statement of the Acad-emy's findings
and conclusions with respect to the use of any
intercensal poverty data produced and published
by the Bureau of the Census as the basis for
allocating Federal funds under this Act.
[(D) Of the funds appropriated under section 1002(f)
of this Act, the Secretary shall use such sums as are
necessary in each of fiscal years 1995, 1996, 1997,
1998, and 1999 to carry out the provisions of this
paragraph.
[(5) Other children to be counted.--For purposes of
this section, the Secretary shall determine the number
of children aged 5 to 17, inclusive, from families
above the poverty level on the basis of the number of
such children from families receiving an annual income,
in excess of the current criteria of poverty, from
payments under a State program funded under part A of
title IV of the Social Security Act; and in making such
determinations the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family
of 4 in such form as those criteria have been updated
by increases in the Consumer Price Index for all urban
consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such
children and the number of children of such ages living
in institutions for neglected or delinquent children,
or being supported in foster homes with public funds,
on the basis of the caseload data for the month of
October of the preceding fiscal year (using, in the
case of children described in the preceding sentence,
the criteria of poverty and the form of such criteria
required by such sentence which were determined for the
calendar year preceding such month of October) or, to
the extent that such data are not available to the
Secretary before January of the calendar year in which
the Secretary's determination is made, then on the
basis of the most recent reliable data available to the
Secretary at the time of such determination. The
Secretary of Health and Human Services shall collect
and transmit the information required by this
subparagraph to the Secretary not later than January 1
of each year.
[(6) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated
estimate of the number of children of such ages who are
from families below the poverty level (as determined
under subparagraph (A) of this paragraph) in each
school district, and the Secretary is authorized to pay
(either in advance or by way of reimbursement) the
Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of
a State for the collection of additional census
information. For purposes of this section, the
Secretary shall consider all children who are in
correctional institutions to be living in institutions
for delinquent children.
[(d) State Minimum.--Notwithstanding subsection (b)(1) or
(d) of section 1122, the aggregate amount allotted for all
local educational agencies within a State may not be less than
the lesser of--
[(1) 0.25 percent of total grants under this section;
or
[(2) the average of--
[(A) one-quarter of 1 percent of the total
amount available for such fiscal year under
this section; and
[(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national
average per pupil payment made with funds
available under this section for that year.
[SEC. 1124A. [20 U.S.C. 6334] CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
[(a) Eligibility for and Amount of Grants.--
[(1) In general.--(A) Except as otherwise provided in
this paragraph, each local educational agency, in a
State other than Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana
Islands, and Palau, which is eligible for a grant under
this part for any fiscal year shall be eligible for an
additional grant under this section for that fiscal
year if--
[(i) the number of children counted under
section 1124(c) in the county (for fiscal years
1996 through 1998), or local educational agency
(for fiscal years beginning with 1999) for the
fiscal year exceeds 6,500; or
[(ii) the number of children counted under
section 1124(c) exceeds 15 percent of the total
number of children aged 5 to 17, inclusive, in
the county (for fiscal years 1996 through
1998), or local educational agency (for fiscal
years beginning with 1999) in that fiscal year.
[(B) Notwithstanding such subsections (b)(1) and (d)
of section 1122, no State described in subparagraph (A)
shall receive less than the lesser of--
[(i) 0.25 percent of total grants; or
[(ii) the average of--
[(I) one-quarter of 1 percent of the
sums available to carry out this
section for such fiscal year; and
[(II) the greater of--
[(aa) $340,000; or
[(bb) the number of children
in such State counted for
purposes of this section in
that fiscal year multiplied by
150 percent of the national
average per pupil payment made
with funds available under this
section for that year.
[(2) Special rule.--For each county or local
educational agency eligible to receive an additional
grant under this section for any fiscal year the
Secretary shall determine the product of--
[(A) the number of children counted under
section 1124(c) for that fiscal year; and
[(B) the quotient resulting from the division
of the amount determined for those agencies
under section 1124(a)(1) for the fiscal year
for which the determination is being made
divided by the total number of children counted
under section 1124(c) for that agency for
fiscal year.
[(3) Amount.--The amount of the additional grant for
which an eligible local educational agency or county is
eligible under this section for any fiscal year shall
be an amount which bears the same ratio to the amount
available to carry out this section for that fiscal
year as the product determined under paragraph (2) for
such local educational agency for that fiscal year
bears to the sum of such products for all local
educational agencies in the United States for that
fiscal year.
[(4) Suballocation.--For fiscal years 1996 through
1998, county amounts shall be suballocated to local
educational agencies meeting the criteria of paragraph
(1)(A) by State educational agencies, in accordance
with regulations published by the Secretary. For fiscal
years 1995 through 1998, grants shall be calculated by
the Secretary on the basis of the number of children
counted under section 1124(c) for counties, and State
educational agencies shall suballocate county amounts
to local educational agencies, in accordance with
regulations published by the Secretary. In any State in
which a large number of local educational agencies
overlap county boundaries, the State educational agency
may apply to the Secretary for authority during any
particular fiscal year to make the allocations under
this part (other than this section) directly to local
educational agencies without regard to the counties. If
the Secretary approves an application of a State
educational agency for a particular year under this
paragraph, the State educational agency shall provide
assurances that--
[(A) such allocations will be made using
precisely the same factors for determining a
grant as are used under this part;
[(B) such allocations will be made using
alternative data approved by the Secretary that
the State determines best reflects the
distribution of children in poor families and
is adjusted to be equivalent in proportion to
the number of children determined in accordance
with section 1124(c); or
[(C) such allocations will be made using data
that the State educational agency submits to
the Secretary for approval that more accurately
target poverty.
In addition, the State educational agency shall provide
assurances that a procedure will be established through
which local educational agencies dissatisfied with the
determinations made by the State educational agency may
appeal directly to the Secretary for a final
determination. A State may reserve not more than 2
percent of its allocations in fiscal years 1996 through
1998 under this section for the purpose of making
grants to local educational agencies that meet the
criteria of clause (i) or (ii) of paragraph (1)(A), but
are in ineligible counties. For fiscal years beginning
with 1999, for each local educational agency serving an
area with a total population of at least 20,000
persons, the grant under this section shall be the
amount determined by the Secretary. For local
educational agencies serving areas with total
populations of fewer than 20,000 persons, the State
educational agency may either (i) distribute to such
local educational agencies grants under this section
equal to the amounts determined by the Secretary; or
(ii) use an alternative method, approved by the
Secretary, to distribute the share of the State's total
grants under this section that is based on
localeducational agencies with total populations of
fewer than 20,000 persons. Such an alternative method
of distributing grants under this section among a
State's local educational agencies serving areas with
total populations of fewer than 20,000 persons shall be
based upon population data that the State educational
agency determines best reflects the current
distribution of children in poor families among the
State's local educational agencies serving areas with
total populations of fewer than 20,000 persons and
meeting the eligibility criteria of paragraph (1)(A).
If a local educational agency serving an area with
total population of less than 20,000 persons is
disatisfied with the determination of its grant by the
State educational agency, then such local educational
agency may appeal this determination to the Secretary.
The Secretary shall respond to this appeal within 45
days of receipt. The Secretary shall consult with the
Secretary of Commerce regarding whether available data
on population for local educational agencies service
areas with total populations of fewer than 20,000
persons are sufficiently reliable to be used to
determine final grants to such areas meeting the
eligibility criteria of paragraph (1)(A).
[(b) Reservation of Funds.--Of the total amount of funds
available for this section and sections 1124 and 1125, an
amount equal to the appropriation for fiscal year 1995 for
section 1006 of this Act (as such section was in effect on the
day preceding the date of enactment of this Act) shall be
available to carry out this section.
[(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are eligible to receive under
subsection (a) for such fiscal year, the maximum amounts which
all States are eligible to receive under subsection (a) for
such fiscal year shall be ratably reduced. In the case that
additional funds become available for making such payments for
any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
[(d) States Receiving Minimum Grants.--In States that
receive the minimum grant under subsection (a)(1)(B), the State
educational agency shall allocate such funds among the local
educational agencies in each State either--
[(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
[(2) based on their respective concentrations and
numbers of children counted under section 1124(c),
except that only those local educational agencies with
concentrations or numbers of children counted under
section 1124(c) that exceed the statewide average
percentage of such children or the statewide average
number of such children shall receive any funds on the
basis of this paragraph.
[SEC. 1125. [20 U.S.C. 6335] TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
[(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a targeted
grant under this section for any fiscal year if the number of
children in the local educational agency counted under
subsection 1124(c), before application of the weighting factor
described in subsection (c) is at least 10, and if the number
of children counted for grants under section 1124 is at least 5
percent of the total population aged 5 to 17 years, inclusive,
in the local educational agency. Funds made available as a
result of applying this subsection shall be reallocated by the
State educational agency to other eligible local educational
agencies in the State in proportion to the distribution of
other funds under this section.
[(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--
[(1) In general.--The amount of the grant that a
local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of--
[(A) the weighted child count determined
under subsection (c); and
[(B) the amount in the second of subparagraph
1124(a)(1)(A).
[(2) Puerto rico.--For each fiscal year, the amount
of the grant for which the Commonwealth of Puerto Rico
is eligible under this section shall be equal to the
number of children counted under subsection (c) for
Puerto Rico, multiplied by the amount determined in
subparagraph 1124(a)(3).
[(c) Weighted Child Count.--
[(1) Fiscal years 1966-1998.--
[(A) In general.--The weighted child count
used to determine a county's allocation under
this section is the larger of the two amounts
determined under clause (i) or (ii), as
follows:
[(i) By percentage of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) for that county
constituting up to 12.20
percent, inclusive, of the
county's total population aged
5 to17, inclusive, multiplied
by 1.0;
[(II) the number of such
children constituting more than
12.20 percent, but not more
than 17.70 percent, of such
population, multiplied by 1.75;
[(III) the number of such
children constituting more than
17.70 percent, but not more
than 22.80 percent, of such
population, multiplied by 2.5;
[(IV) the number of such
children constituting more than
22.80 percent, but not more
than 29.70 percent, of such
population, multiplied by 3.25;
and
[(V) the number of such
children constituting more than
29.70 percent, of such
population, multiplied by 4.0.
[(ii) By number of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) constituting up to
1,917, inclusive,of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
[(II) the number of such
children between 1,918 and
5,938, inclusive, in such
population, multiplied by 1.5;
[(III) the number of such
children between 5,939 and
20,199, inclusive, in such
population, multiplied by 2.0;
[(IV) the number of such
children between 20,200 and
77,999, inclusive, in such
population, multiplied by 2.5;
and
[(V) the number of such
children in excess of 77,999 in
such population, multiplied by
3.0.
[(B) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under subsection 1124(c) multiplied by
1.72.
[(2) Fiscal years after 1999.--
[(A) In general.--For each fiscal year beginning with
fiscal year 1999 for which the Secretary uses local
educational agency data, the weighted child count used
to determine a local educational agency's grant under
this section is the larger of the two amounts
determined under clauses (i) and (ii), as follows:
[(i) By percentage of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) for that local
educational agency constituting
up to 14.265 percent,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
[(II) the number of such
children constituting more than
14.265 percent, but not more
than 21.553 percent, of such
population, multiplied by 1.75;
[(III) the number of such
children constituting more than
21.553 percent, but not more
than 29.223 percent, of such
population, multiplied by 2.5:
[(IV) the number of such
children constituting more than
29.223 percent, but not more
than 36.538 percent, of such
population, multiplied by 3.25;
and
[(V) the number of such
children constituting more than
36,538 percent of such
population, multiplied by 4.0.
[(ii) By number of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) constituting up to 575,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
[(II) the number of such
children between 576 and 1,870,
inclusive, in such population,
multiplied by 1.5;
[(III) the number of such
children between 1,871 and
6,910, inclusive, in such
population, multiplied by 2.0;
[(IV) the number of such
children between 6,911 and
42,000, inclusive, in such
population, multiplied by 2.5;
and
[(V) the number of such
children in excess of 42,000 in
such population, multiplied by
3.0.
[(B) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under section 1124(c) multiplied by
1.72.
[(d) Local Educational Agency Allocations.--For fiscal
years 1995 through 1998, grants shall be calculated by the
Secretary on the basis of the number of children counted under
section 1124 for counties, and State educational agencies shall
suballocate county amounts to local educational agencies, in
accordance with regulations published by the Secretary. In any
State in which a large number of local educational agencies
overlap county boundaries, the State educational agency may
apply to the Secretary for authority during any particular
fiscal year to make the allocations under this part (other than
section 1124A) directly to local educational agencies without
regard to the counties. If the Secretary approves an
application of a State educational agency for a particular year
under this subparagraph, the State educational agency shall
provide assurances that--
[(1) such allocations will be made using precisely
the same factors for determining a grant as are used
under this part;
[(2) such allocations will be made using alternative
data approved by the Secretary that the State
determines best reflects the distribution of children
in poor families and is adjusted to be equivalent in
proportion to the number of children determined in
accordance with section 1124(c); or
[(3) such allocations will be made using data that
the State educational agency submits to the Secretary
for approval that more accurately target poverty.
In addition, the State educational agency shall provide
assurances that a procedure will be established through which
local educational agencies dissatisfied with the determinations
made by the State educational agency may appeal directly to the
Secretary for a final determination. For fiscal years beginning
in 1999, for each local educational agency serving an area with
a total population of at least 20,000 persons, the grant under
this section shall be the amount determined by the Secretary.
For local educational agencies serving areas with total
populations of fewer than 20,000 persons, the State educational
agency may either (1) distribute to such local educational
agencies grants under this section equal to the amounts
determined by the Secretary; or (2) use an alternative method,
approved by the Secretary, to distribute the share of the
State's total grants under this section that is based on local
educational agencies with total populations of fewer than
20,000sons. Such an alterative method of distributing grants
under this section among a State's local educational agencies
serving areas with total populations of fewer than 20,000
persons shall be based upon population data that the State
educational agency determines best reflects the current
distribution of children in poor families among the State's
local educational agencies serving areas with total populations
of fewer than 20,000 persons. If a local educational agency
serving an area with total populations of less than 20,000
persons is dissatisfied with the determination of its grant by
the State educational agency, then the local educational agency
may appeal this determination to the Secretary. The Secretary
shall respond to this appeal within 45 days of receipt.
[(e) State Minimum.--Notwithstanding any other provision of
this section or subsection (b)(1) of (d) of section 1122, from
the total amount available for any fiscal year to carry out
this section, each State shall be allotted at least the lesser
of--
[(1) 0.25 percent of total appropriations; or
[(2) the average of--
[(A) one-quarter of 1 percent of the total
amount available to carry out this section; and
[(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State's
total number of children described in section
1124(c), without application of a weighting
factor.
[SEC. 1125A. [20 U.S.C. 6336] EDUCATION FINANCE INCENTIVE PROGRAM.
[(a) Grants.--The Secretary is authorized to make grants to
States from the sums appropriated pursuant to subsection (e) to
carry out the purposes of this part.
[(b) Distribution Based Upon Fiscal Effort and Equity.--
[(1) In general.--Funds appropriated pursuant to
subsection (e) shall be allotted to each State based
upon the number of children aged 5 to 17, inclusive, of
such State multiplied by the product of--
[(A) such State's effort factor described in
paragraph (2); multiplied by
[(B) 1.30 minus such State's equity factor
described in paragraph (3),
except that for each fiscal year no State shall receive
less than one-quarter of 1 percent of the total amount
appropriated pursuant to subsection (e) for such fiscal
year.
[(2) Effort factor.--(A) Except as provided in
subparagraph (b), the effort factor for a State shall
be determined in accordance with the succeeding
sentence, except that such factor shall not be less
than .95 nor greater than 1.05. The effort factor
determined under this sentence shall be a fraction the
numerator of which is the product of the three-year
average per-pupil expenditure in the State multiplied
by the three-year average per capita income in the
United States and the denominator of which is the
product of the three-year average per capita income in
such State multiplied by the three-year average per-
pupil expenditure in the United States.
[(B) The effort factor for the Commonwealth of Puerto
Rico shall be equal to the lowest effort factor
calculated under subparagraph (A) for any State.
[(3) Equity factor.--(A)(i) Except as provided in
subparagraph (B), the Secretary shall determine the
equity factor under this section for each State in
accordance with clause (ii).
[(ii)(I) For each State, the Secretary shall compute
a weighted coefficient of variation for the per-pupil
expenditures of local educational agencies in
accordance with subclauses (II), (III), (IV), and (V).
[(II) In computing coefficients of variation, the
Secretary shall weigh the variation between per-pupil
expenditures in each local educational agency and the
average per-pupil expenditures in the State according
to the number of pupils in the local educational
agency.
[(III) In determining the number of pupils under this
paragraph in each local educational agency and each
State, the Secretary shall multiply the number of
children from low-income families by 1.4 under this
paragraph.
[(IV) In computing coefficients of variation, the
Secretary shall include only those local educational
agencies with an enrollment of more than 200 students.
[(V) The Secretary shall compute separate
coefficients of variation for elementary, secondary,
and unified local educational agencies and shall
combine such coefficients into a single weighted
average coefficient for the State by multiplying each
coefficient by the total enrollments of the local
educational agencies in each group, adding such
products, and dividing such sum by the total
enrollments of the local educational agencies in the
State.
[(B) The equity factor for a State that meets the
disparity standard described in section 222.64 of title
34, Code of Federal Regulations (as such section was in
effect on the day preceding the date of enactment of
this Act) or a State with only one local educational
agency shall be not greater than .10.
[(C) The Secretary may revise each State's equity
factor as necessary based on the advice of independent
education finance scholars to reflect other need-based
costs of local educational agencies in addition to low-
income student enrollment, such as differing geographic
costs, costs associated with students with
disabilities, children with limited-English proficiency
or other meaningful educational needs, which deserve
additional support. In addition and also with the
advice of independent education finance scholars, the
Secretary may revise each State's equity factor to
incorporate other valid and accepted methods to achieve
adequacy of educational opportunity that may not be
reflected in a coefficient of variation method.
[(c) Use of Funds.--All funds awarded to each State under
this section shall be allocated to local educational agencies
and schools on a basis consistent with the distribution of
other funds to such agencies and schools under sections 1124,
1124A, and 1125 to carry out activities under this part.
[(d) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allotment
of funds under this part for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expendi-tures within the
State with respect to the provision of free pub-lic
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the deter-mination is made.
[(2) Reduction of funds.--The Secretary shall reduce
the amount of the funds awarded to any State under this
section in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the ef-
fort required under paragraph (1) for subsequent years.
[(3) Waivers.--The Secretary may waive, for one
fiscal year only, the requirements of this subsection
if the Secretary deter-mines that such a waiver would
be equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(e) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appro-priated $200,000,000 for fiscal year 1996 and such sums
as may be necessary for each of the three succeeding fiscal
years.
[SEC. 1126. [20 U.S.C. 6337] SPECIAL ALLOCATION PROCEDURES.
[(a) Allocations for Neglected Children.--
[(1) In general.--If a State educational agency
determines that a local educational agency in the State
is unable or un-willing to provide for the special
educational needs of children who are living in
institutions for neglected children as de-scribed in
subparagraph 1124(c)(1)(C), the State educational
agency shall, if such agency assumes responsibility for
the spe-cial educational needs of such children,
receive the portion of such local educational agency's
allocation under sections 1124, 1124A, and 1125 that is
attributable to such children.
[(2) Special rule.--If the State educational agency
does not assume such responsibility, any other State or
local public agency that does assume such
responsibility shall receive that portion of the local
educational agency's allocation.
[(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
edu-cational agencies--
[(1) if two or more local educational agencies serve,
in whole or in part, the same geographical area;
[(2) if a local educational agency provides free
public edu-cational for children who reside in the
school district of another local educational agency; or
[(3) to reflect the merger, creation, or change of
boundaries of one or more local educational agencies.
[(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would re-ceive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds in
accordance with criteria established by the State educational
agency.
[SEC. 1127. [20 U.S.C. 6338] CARRYOVER AND WAIVER.
[(a) Limitation on Carryover.--Notwithstanding section 421
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a
local edu-cational agency for any fiscal year under this
subpart (but not in-cluding funds received through any
reallocation under this subpart) may remain available for
obligation by such agency for one addi-tional fiscal year.
[(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection (a)
if--
[(1) the agency determines that the request of a
local edu-cational agency is reasonable and necessary;
or
[(2) supplemental appropriations for this subpart
become available.
[(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local education agency that receives
less than $50,000 under this subpart for any fiscal year.]
Subpart 2--Allocations
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--From the amount appropriated for
any fiscal year under section 1002(a), the Secretary shall
reserve a total of 1 percent to provide assistance to--
(1) the outlying areas on the basis of their
respective need for such assistance according to such
criteria as the Secretary determines will best carry
out the purpose of this part; and
(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection (c).
(b) Assistance to the Outlying Areas.--
(1) In general.--From amounts made available under
subsection (a)(1) in each fiscal year the Secretary
shall make grants to local educational agencies in the
outlying areas.
(2) Competitive grants.--
(A) In general.--For fiscal year 2002 and
each of the 6 succeeding fiscal years, the
Secretary shall reserve $5,000,000 from the
amounts made available under subsection (a)(1)
to award grants, on a competitive basis, to
local educational agencies in the Freely
Associated States. The Secretary shall award
such grants according to the recommendations of
the Pacific Region Educational Laboratory which
shall conduct a competition for such grants.
(B) Uses.--Except as provided in subparagraph
(C), grant funds awarded under this paragraph
only may be used--
(i) for programs described in this
Act, including teacher training,
curriculum development, instructional
materials, or general school
improvement and reform; and
(ii) to provide direct educational
services.
(C) Administrative costs.--The Secretary may
provide 5 percent of the amount made available
for grants under this paragraph to the Pacific
Region Educational Laboratory to pay the
administrative costs of the Pacific Region
Educational Laboratory regarding activities
assisted under this paragraph.
(c) Allotment to the Secretary of the Interior.--
(1) In general.--The amount reserved for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
(A) Indian children on reservations served by
elementary schools and secondary schools for
Indian children operated or supported by the
Department of the Interior; and
(B) out-of-State Indian children in
elementary schools and secondary schools in
local educational agencies under special
contracts with the Department of the Interior.
(2) Payments.--From the amount reserved for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such terms
as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State
Indian children described in paragraph (1)(B). The
amount of such payment may not exceed, for each such
child, the greater of--
(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
(B) 48 percent of such expenditure in the
United States.
SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND TARGETED
GRANTS.
(a) In General.--For each of the fiscal years 2002 through
2008--
(1) the amount appropriated to carry out this part
that is less than or equal to the amount appropriated
to carry out section 1124 for fiscal year 2001, shall
be allocated in accordance with section 1124;
(2) the amount appropriated to carry out this part
that is not used under paragraph (1) that equals the
amount appropriated to carry out section 1124A for
fiscal year 2001, shall be allocated in accordance with
section 1124A; and
(3) any amount appropriated to carry out this part
for the fiscal year for which the determination is made
that is not used to carry out paragraphs (1) and (2)
shall be allocated in accordance with section 1125.
(b) Adjustments Where Necessitated by Appropriations.--
(1) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all local educational agencies in
States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and
(d).
(2) Additional funds.--If additional funds become
available for making payments under sections 1124,
1124A, and 1125 for such fiscal year, allocations that
were reduced under paragraph (1) shall be increased on
the same basis as the allocations were reduced.
(c) Hold-Harmless Amounts.--
(1) In general.--For each fiscal year the amount made
available to each local educational agency under each
of sections 1124, 1124A, and 1125 shall be not less
than--
(A) 95 percent of the amount made available
to the local educational agency under each such
section for the preceding fiscal year if
thenumber of children counted for grants under
section 1124 is not less than 30 percent of the
total number of children aged 5 to 17 years,
inclusive, served by the local educational
agency;
(B) 90 percent of the amount made available
to the local educational agency under each such
section for the preceding fiscal year if such
percentage is not less than 15 percent and not
more than 30 percent; and
(C) 85 percent of the amount made available
to the local educational agency under each such
section for the preceding fiscal year if such
percentage is less than 15 percent.
(2) Special rules.--If sufficient funds are
appropriated, the hold-harmless amounts described in
paragraph (1) shall be paid to all local educational
agencies that received grants under section 1124,
1124A, or 1125 for the preceding fiscal year,
regardless of whether the local educational agency
meets the minimum eligibility criteria provided in
section 1124(b), 1124A(a)(1)(A), or 1125(a),
respectively, except that a local educational agency
that does not meet such minimum eligibility criteria
for 5 consecutive years shall no longer be eligible to
receive a hold-harmless amount under this subsection.
(3) County calculation basis.--For any fiscal year
for which the Secretary calculates grants on the basis
of population data for counties, the Secretary shall
apply the hold-homeless percentages in paragraphs (1)
and (2) to counties, and if the Secretary's allocation
for a county is not sufficient to meet the hold-
harmless requirements of this subsection for every
local educational agency within that county, then the
State educational agency shall reallocate funds
proportionately from all other local educational
agencies in the State that receive funds for the fiscal
year in excess of the hold-harmless amounts specified
in this paragraph.
(d) Ratable Reductions.--
(1) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for
such fiscal year, amounts that were reduced under
paragraph (1) shall be increased on the same basis as
such amounts were reduced.
SEC. 1123. DEFINITIONS.
In this subpart:
(1) Freely associated states.--The term ``Freely
Associated States'' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(2) Outlying areas.--The term ``outlying areas''
means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands.
(3) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Amount of Grants.--
(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (4) and in
section 1126, the grant that a local educational agency
is eligible to receive under this section for a fiscal
year is the amount determined by multiplying--
(A) the number of children counted under
subsection (c); and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, and not more than
48 percent, of the average per-pupil
expenditure in the United States.
(2) Calculation of grants.--
(A) Allocations to local educational
agencies.--The Secretary shall calculate grants
under this section on the basis of the number
of children counted under subsection (c) for
local educational agencies, unless the
Secretary and the Secretary of Commerce
determine that some or all of those data are
unreliable or that their use would be otherwise
inappropriate, in which case--
(i) the Secretary and the Secretary
of Commerce shall publicly disclose the
reasons for their determination in
detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local
educational agencies.--
(i) Large local educational
agencies.--In the case of an allocation
under this section to a large local
educational agency, the amount of the
grant under this section for the large
local educational agency shall be the
amount determined under paragraph (1).
(ii) Small local educational
agencies.--
(I) In general.--In the case
of an allocation under this
section to a small local
educational agency the State
educational agency may--
(aa) distribute
grants under this
section in amounts
determined by the
Secretary under
paragraph (1); or
(bb) use an
alternative method
approved by the
Secretary to distribute
the portion of the
State's total grants
under this section that
is based on those small
local educational
agencies.
(II) Alternative method.--An
alternative method under
subclause (I)(bb) shall be
based on population data that
the State educational agency
determines best reflect the
current distribution of
children in poor families among
the State's small local
educational agencies that meet
the minimum number of children
to qualify described in
subsection (b).
(III) Appeal.--If a small
local educational agency is
dissatisfied with the
determination of the amount of
its grant by the State
educational agency under
subclause (I)(bb), the small
local educational agency may
appeal the determination to the
Secretary, who shall respond
within 45 days of receiving the
appeal.
(iii) Definitions.--In this
subparagraph--
(I) the term ``large local
educational agency'' means a
local educational agency
serving a school district with
a total population of 20,000 or
more; and
(II) the term ``small local
educational agency'' means a
local educational agency
serving a school district with
a total population of less than
20,000.
(3) Allocations to counties.--
(A) In general.--For any fiscal year to which
this paragraph applies, the Secretary shall
calculate grants under this section on the
basis of the number of children counted under
section 1124(c) for counties, and State
educational agencies shall allocate county
amounts to local educational agencies, in
accordance with regulations promulgated by the
Secretary.
(B) Application.--In any State in which a
large number of local educational agencies
overlap county boundaries, or for which the
State believes the State has data that would
better target funds than allocating the funds
by county, the State educational agency may
apply to the Secretary for authority to make
the allocations under this part for a
particular fiscal year directly to local
educational agencies without regard to
counties.
(C) Allocations to local educational
agencies.--If the Secretary approves its
application under subparagraph (B), the State
educational agency shall provide the Secretary
an assurance that the allocations will be
made--
(i) using precisely the same factors
for determining a grant as are used
under this section; or
(ii) using data that the State
educational agency submits to the
Secretary for approval that more
accurately target poverty.
(D) Appeal.--The State educational agency
shall provide the Secretary an assurance that a
procedure is or will be established through
which local educational agencies that are
dissatisfied with determinations under
subparagraph (B) may appeal directly to the
Secretary for a final determination.
(4) Puerto rico.--For each fiscal year, the Secretary
shall determine the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto Rico is
of the lowest average per-pupil expenditure of any of
the 50 States. The grant which the Commonwealth of
Puerto Rico shall be eligible to receive under this
section for a fiscal year shall be the amount arrived
at by multiplying the number of children counted under
subsection (c) for the Commonwealth of Puerto Rico by
the product of--
(A) the percentage determined under the
preceding sentence; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(b) Minimum Number of Children To Qualify.--A local
educational agency is eligible for a basic grant under this
section for any fiscal year only if the number of children
counted under subsection (c) for that agency is--
(1) 10 or more; and
(2) more than 2 percent of the total school-age
population in the school district of the local
educational agency.
(c) Children To Be Counted.--
(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
(A) the number of children aged 5 to 17,
inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraphs
(2) and (3);
(B) the number of children aged 5 to 17,
inclusive, in the school district of such
agency from families above the poverty level as
determined under paragraph (4); and
(C) the number of children determined under
paragraph (4) for the preceding year (as
described in that paragraph, or for the second
preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions
for neglected and delinquent children and youth
(other than such institutions operated by the
United States), but not counted pursuant to
chapter 1 of subpart 1 of part D for the
purposes of a grant to a State agency, or being
supported in foster homes with public funds.
(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 17, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. The
District of Columbia and the Commonwealth of Puerto
Rico shall be treated as individual local educational
agencies. If a local educational agency contains 2 or
more counties in their entirety, then each county shall
be treated as if such county were a separate local
educational agency for purposes of calculating grants
under this part. The total of grants for such counties
shall be allocated to such a local educational agency,
which local educational agency shall distribute to
schools in each county within such agency a share of
the local educational agency's total grant that is no
less than the county's share of the population counts
used to calculate the local educational agency's grant.
(3) Population updates.--In fiscal year 2001 and
every 2 years thereafter, the Secretary shall use
updated data on the number of children, aged 5 to 17,
inclusive, from families below the poverty level for
counties or local educational agencies, published by
the Department of Commerce, unless the Secretary and
the Secretary of Commerce determine that use of the
updated population data would be inappropriate or
unreliable. If the Secretary and the Secretary of
Commerce determine that some or all of the data
referred to in this paragraph are inappropriate or
unreliable, the Secretary and the Secretary of Commerce
shall publicly disclose their reasons. In determining
the families which are below the poverty level, the
Secretary shall utilize the criteria of poverty used by
the Bureau of the Census in compiling the most recent
decennial census, in such form as those criteria have
been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of
Labor Statistics.
(4) Other children to be counted.--For purposes of
this section, the Secretary shall determine the number
of children aged 5 to 17, inclusive, from families
above the poverty level on the basis of the number of
such children from families receiving an annual income,
in excess of the current criteria of poverty, from
payments under a State program funded under part A of
title IV of the Social Security Act. In making such
determinations the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family
of 4 in such form as those criteria have been updated
by increases in the Consumer Price Index for all urban
consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such
children and the number of children aged 5 through 17
living in institutions for neglected or delinquent
children, or being supported in foster homes with
public funds, on the basis of the caseload data for
themonth of October of the preceding fiscal year
(using, in the case of children described in the
preceding sentence, the criteria of poverty and the
form of such criteria required by such sentence which
were determined for the calendar year preceding such
month of October) or, to the extent that such data are
not available to the Secretary before January of the
calendar year in which the Secretary's determination is
made, then on the basis of the most recent reliable
data available to the Secretary at the time of such
determination. The Secretary of Health and Human
Services shall collect and transmit the information
required by this subparagraph to the Secretary not
later than January 1 of each year. For the purpose of
this section, the Secretary shall consider all children
who are in correctional institutions to be living in
institutions for delinquent children.
(5) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated
estimate of the number of children of such ages who are
from families below the poverty level (as determined
under paragraph (2)) in each school district, and the
Secretary is authorized to pay (either in advance or by
way of reimbursement) the Secretary of Commerce the
cost of making this special estimate. The Secretary of
Commerce shall give consideration to any request of the
chief executive of a State for the collection of
additional census information.
(d) State Minimum.--Notwithstanding section 1122, the
aggregate amount allotted for all local educational agencies
within a State may not be less than the lesser of--
(1) 0.25 percent of the total amount made available
to carry out this section for such fiscal year; or
(2) the average of--
(A) 0.25 percent of the total amount made
available to carry out this section for such
fiscal year; and
(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national
average per-pupil payment made with funds
available under this section for that fiscal
year.
SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility for and Amount of Grants.--
(1) Eligibility.--
(A) In general.--Except as otherwise provided
in this paragraph, each local educational
agency in a State that is eligible for a grant
under section 1124 for any fiscal year is
eligible for an additional grant under this
section for that fiscal year if the number of
children counted under section 1124(c) who are
served by the agency exceeds--
(i) 6,500; or
(ii) 15 percent of the total number
of children aged 5 through 17 served by
the agency.
(B) Minimum.--Notwithstanding section 1122,
no State shall receive under this section an
amount that is less than the lesser of--
(i) 0.25 percent of the total amount
made available to carry out this
section for such fiscal year; or
(ii) the average of--
(I) 0.25 percent of the sums
available to carry out this
section for such fiscal year;
and
(II) the greater of--
(aa) $340,000; or
(bb) the number of
children in such State
counted for purposes of
this section in that
fiscal year multiplied
by 150 percent of the
national average per-
pupil payment made with
funds available under
this section for that
fiscal year.
(2) Determination.--For each county or local
educational agency eligible to receive an additional
grant under this section for any fiscal year the
Secretary shall determine the product of--
(A) the number of children counted under
section 1124(c) for that fiscal year; and
(B) the amount in section 1124(a)(1)(B) for
all States except the Commonwealth of Puerto
Rico, and the amount in section 1124(a)(3) for
the Commonwealth of Puerto Rico.
(3) Amount.--The amount of the additional grant for
which an eligible local educational agency or county is
eligible under this section for any fiscal year shall
be an amount that bears the same ratio to the amount
available to carry out this section for that fiscal
year as the product determined underparagraph (2) for
such local educational agency for that fiscal year
bears to the sum of such products for all local
educational agencies in the United States for that
fiscal year.
(4) Local allocations.--
(A) In general.--Grant amounts under this
section shall be calculated in the same manner
as grant amounts are calculated under section
1124(a) (2) and (3).
(B) Special rule.--For any fiscal year for
which the Secretary allocates funds under this
section on the basis of counties, a State may
reserve not more than 2 percent of the amount
made available to the State under this section
for any fiscal year to make grants to local
educational agencies that meet the criteria in
paragraph (1)(A) (i) or (ii) but that are in
ineligible counties.
(b) Ratable Reduction Rule.--If the sums available under
subsection (a) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are eligible to receive under
subsection (a) for such fiscal year, the maximum amounts that
all States are eligible to receive under subsection (a) for
such fiscal year shall be ratably reduced. In the case that
additional funds become available for making such payments for
any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
(c) States Receiving 0.25 Percent or Less.--In States that
receive 0.25 percent or less of the total amount made available
to carry out this section for a fiscal year, the State
educational agency shall allocate such funds among the local
educational agencies in the State--
(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
(2) based on their respective concentrations and
numbers of children counted under section 1124(c),
except that only those local educational agencies with
concentrations or numbers of children counted under
section 1124(c) that exceed the statewide average
percentage of such children or the statewide average
number of such children shall receive any funds on the
basis of this paragraph.
SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility of Local Educational Agencies.--
(1) In general.--A local educational agency in a
State is eligible to receive a targeted grant under
this section for any fiscal year if--
(A) the number of children in the local
educational agency counted under section
1124(c), before application of the weighted
child count described in subsection (c), is at
least 10; and
(B) if the number of children counted for
grants under section 1124(c), before
application of the weighted child count
described in subsection (c), is at least 5
percent of the total number of children aged 5
to 17 years, inclusive, in the school district
of the local educational agency.
(2) Special rule.--For any fiscal year for which the
Secretary allocates funds under this section on the
basis of counties, funds made available as a result of
applying this subsection shall be reallocated by the
State educational agency to other eligible local
educational agencies in the State in proportion to the
distribution of other funds under this section.
(b) Grants for Local Educational Agencies, the District of
Columbia, and the Commonwealth of Puerto Rico.--
(1) In general.--The amount of the grant that a local
educational agency in a State (other than the
Commonwealth of Puerto Rico) is eligible to receive
under this section for any fiscal year shall be the
product of--
(A) the weighted child count determined under
subsection (c); and
(B) the amount determined under section
1124(a)(1)(B).
(2) Puerto rico.--For each fiscal year, the amount of
the grant the Commonwealth of Puerto Rico is eligible
to receive under this section shall be equal to the
number of children counted under subsection (c) for the
Commonwealth of Puerto Rico, multiplied by the amount
determined in section 1124(a)(4) for the Commonwealth
of Puerto Rico.
(c) Weighted Child Count.--
(1) Weights for allocations to counties.--
(A) In general.--For each fiscal year for
which the Secretary uses county population data
to calculate grants, the weighted childcount
used to determine a county's allocation under
this section is the larger of the 2 amounts
determined under subparagraphs (B) and (C).
(B) By percentage of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) for that county
who constitute not more than 15.00
percent, inclusive, of the county's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children who
constitute more than 15.00 percent, but
not more than 19.00 percent, of such
population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 19.00 percent, but
not more than 24.20 percent, of such
population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 24.20 percent, but
not more than 29.20 percent, of such
population, multiplied by 3.25; and
(v) the number of such children who
constitute more than 29.20 percent of
such population, multiplied by 4.0.
(C) By number of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) who constitute
not more than 2,311, inclusive, of the
county's total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children
between 2,312 and 7,913, inclusive, in
such population, multiplied by 1.5;
(iii) the number of such children
between 7,914 and 23,917, inclusive, in
such population, multiplied by 2.0;
(iv) the number of such children
between 23,918 and 93,810, inclusive,
in such population, multiplied by 2.5;
and
(v) the number of such children in
excess of 93,811 in such population,
multiplied by 3.0.
(D) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for the
Commonwealth of Puerto Rico under this
paragraph shall not be greater than the total
number of children counted under section
1124(c) multiplied by 1.72.
(2) Weights for allocations to local educational
agencies.--
(A) In general.--For each fiscal year for
which the Secretary uses local educational
agency data, the weighted child count used to
determine a local educational agency's grant
under this section is the larger of the 2
amounts determined under subparagraphs (B) and
(C).
(B) By percentage of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) for that local
educational agency who constitute not
more than 15.233 percent, inclusive, of
the agency's total population aged 5 to
17, inclusive, multiplied by 1.0;
(ii) the number of such children who
constitute more than 15.233 percent,
but not more than 22.706 percent, of
such population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 22.706 percent,
but not more than 32.213 percent, of
such population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 32.213 percent,
but not more than 41.452 percent, of
such population, multiplied by 3.25;
and
(v) the number of such children who
constitute more than 41.452 percent of
such population, multiplied by 4.0.
(C) By number of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) who constitute
not more than 710, inclusive, of the
agency's total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children
between 711 and 2,384, inclusive, in
such population, multiplied by 1.5;
(iii) the number of such children
between 2,385 and 9,645, inclusive, in
such population, multiplied by 2.0;
(iv) the number of such children
between 9,646 and 54,600, inclusive, in
such population, multiplied by 2.5; and
(v) the number of such children in
excess of 54,600 in such population,
multiplied by 3.0.
(D) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for the
Commonwealth of Puerto Rico under this
paragraph shall not be greater than the total
number of children counted under section
1124(c) multiplied by 1.72.
(d) Calculation of Grant Amounts.--Grant amounts under this
section shall be calculated in the same manner as grant amounts
are calculated under section 1124(a) (2) and (3).
(e) State Minimum.--Notwithstanding any other provision of
this section or section 1122, from the total amount available
for any fiscal year to carry out this section, each State shall
be allotted not less than 0.5 percent of the total amount made
available to carry out this section for such fiscal year.
SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.
(a) Grants.--From funds appropriated under subsection (e)
the Secretary is authorized to make grants to States, from
allotments under subsection (b), to carry out the purposes of
this part.
(b) Distribution Based Upon Fiscal Effort and Equity.--
(1) In general.--
(A) In general.--Except as provided in
subparagraph (B), funds appropriated pursuant
to subsection (e) shall be allotted to each
State based upon the number of children counted
under section 1124(c) in such State multiplied
by the product of--
(i) such State's effort factor
described in paragraph (2); multiplied
by
(ii) 1.30 minus such State's equity
factor described in paragraph (3).
(B) Minimum.--For each fiscal year no State
shall receive under this section less than 0.5
percent of the total amount appropriated under
subsection (e) for the fiscal year.
(2) Effort factor.--
(A) In general.--Except as provided in
subparagraph (B), the effort factor for a State
shall be determined in accordance with the
succeeding sentence, except that such factor
shall not be less than 0.95 nor greater than
1.05. The effort factor determined under this
sentence shall be a fraction the numerator of
which is the product of the 3-year average per-
pupil expenditure in the State multiplied by
the 3-year average per capita income in the
United States and the denominator of which is
the product of the 3-year average per capita
income in such State multiplied by the 3-year
average per-pupil expenditure in the United
States.
(B) Commonwealth of puerto rico.--The effort
factor for the Commonwealth of Puerto Rico
shall be equal to the lowest effort factor
calculated under subparagraph (A) for any
State.
(3) Equity factor.--
(A) Determination.--
(i) In general.--Except as provided
in subparagraph (B), the Secretary
shall determine the equity factor under
this section for each State in
accordance with clause (ii).
(ii) Computation.--
(I) In general.--For each
State, the Secretary shall
compute a weighted coefficient
of variation for the per-pupil
expenditures of local
educational agencies in
accordance with subclauses
(II), (III), and (IV).
(II) Variation.--In computing
coefficients of variation, the
Secretary shall weigh the
variation between per-pupil
expenditures in each local
educational agency and the
average per-pupil expenditures
in the State according to the
number of pupils served by the
local educational agency.
(III) Number of pupils.--In
determining the number of
pupils under this paragraph
served by each local
educational agency and in each
State, the Secretary shall
multiply the number of children
from low-income families by a
factor of 1.4.
(IV) Enrollment
requirement.--In computing
coefficients of variation, the
Secretary shall include only
those local educational
agencieswith an enrollment of
more than 200 students.
(B) Special rule.--The equity factor for a
State that meets the disparity standard
described in section 222.162 of title 34, Code
of Federal Regulations (as such section was in
effect on the day preceding the date of
enactment of the Better Education for Students
and Teachers Act) or a State with only 1 local
educational agency shall be not greater than
0.10.
(C) Revisions.--The Secretary may revise each
State's equity factor as necessary based on the
advice of independent education finance
scholars to reflect other need-based costs of
local educational agencies in addition to low-
income student enrollment, such as differing
geographic costs, costs associated with
students with disabilities, children with
limited English-proficiency or other meaningful
educational needs, which deserve additional
support. In addition, after obtaining the
advice of independent education finance
scholars, the Secretary may revise each State's
equity factor to incorporate other valid and
accepted methods to achieve adequacy of
educational opportunity that may not be
reflected in a coefficient of variation method.
(c) Use of Funds.--All funds awarded to each State under
this section shall be allocated to local educational agencies
and schools on a basis consistent with the distribution of
other funds to such agencies and schools under sections 1124,
1124A, and 1125 to carry out activities under this part.
(d) Maintenance of Effort.--
(1) In general.--Except as provided in paragraph (2),
a State is entitled to receive its full allotment of
funds under this section for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
(2) Reduction of funds.--The Secretary shall reduce
the amount of funds awarded to any State under this
section in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
(3) Waivers.--The Secretary may waive, for 1 fiscal
year only, the requirements of this subsection if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $200,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 6 succeeding fiscal years.
SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
(a) Allocations for Neglected Children.--
(1) In general.--If a State educational agency
determines that a local educational agency in the State
is unable or unwilling to provide for the special
educational needs of children who are living in
institutions for neglected or delinquent children as
described in section 1124(c)(1)(C), the State
educational agency shall, if such agency assumes
responsibility for the special educational needs of
such children, receive the portion of such local
educational agency's allocation under sections 1124,
1124A, and 1125 that is attributable to such children.
(2) Special rule.--If the State educational agency
does not assume such responsibility, any other State or
local public agency that does assume such
responsibility shall receive that portion of the local
educational agency's allocation.
(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
educational agencies--
(1) if 2 or more local educational agencies serve, in
whole or in part, the same geographical area;
(2) if a local educational agency provides free
public education for children who reside in the school
district of another local educational agency; or
(3) to reflect the merger, creation, or change of
boundaries of 1 or more local educational agencies.
(c) Reallocation.--If a State educational agency determines
that the amount of a grant a local educational agency would
receive under sections 1124, 1124A, and 1125 is more than such
local educational agency will use, the State educational agency
shall make the excess amount available to other local
educational agencies in the State that need additional funds in
accordance with criteria established by the State educational
agency.
SEC. 1127. CARRYOVER AND WAIVER.
(a) Limitation on Carryover.--Notwithstanding section 421
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a
local educational agency for any fiscal year under this subpart
(but not including funds received through any reallocation
under this subpart) may remain available for obligation by such
agency for one additional fiscal year.
(b) Waiver.--A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if--
(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart
become available.
(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local educational agency that
receives less than $50,000 under this subpart for any fiscal
year.
[PART B--EVEN START FAMILY LITERACY PROGRAMS]
PART B_LITERACY FOR CHILDREN AND FAMILIES
Subpart 1_William F. Goodling Even Start Family Literacy Programs
SEC. 1201. [20 U.S.C. 6361] STATEMENT OF PURPOSE.
It is the purpose of [this part] this subpart to help break
the cycle of poverty and illiteracy by improving the
educational opportunities of the Nation's low-income families
by integrating early childhood education, adult literacy or
adult basic education, and parenting education into a unified
family literacy program, to be referred to as ``Even Start''.
The program shall--
* * * * * * *
SEC. 1202. [20 U.S.C. 6362] PROGRAM AUTHORIZED.
(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
(1) In general.--For each fiscal year, the Secretary
shall reserve 5 percent of the amount appropriated
under section 1002(b) for programs, under such terms
and conditions as the Secretary shall establish, that
are consistent with the purpose of [this part], this
subpart and according to their relative needs, for--
* * * * * * *
(c) Reservation for Grants.--
(1) Grants authorized.--From funds reserved under
section 2260(b)(3), the Secretary shall award grants,
on a competitive basis, to States to enable such States
to plan and implement statewide family literacy
initiatives to coordinate and, where appropriate,
integrate existing Federal, State, and local literacy
resources consistent with the purposes of, [this part],
this subpart. Such coordination and integration shall
include funds available under the Adult Education and
Family Literacy Act, the Head Start Act, [this part]
this subpart, part A of this title, and part A of title
IV of the Social Security Act.
* * * * * * *
(e) Definitions.--For the purpose of [this part] this
subpart--
* * * * * * *
SEC. 1204. [20 U.S.C. 6364] USES OF FUNDS.
(a) In General.--* * *
* * * * * * *
(b) Federal Share Limitation.--
(1) In general.--(A) Except as provided in paragraph
(2), the Federal share under [this part] this subpart
may not exceed--
(i) 90 percent of the total cost of the
program in the first year that such program
receives assistance under [this part] this
subpart or its predecessor authority.
* * * * * * *
(B) The remaining cost of a program assisted
under [this part] this subpart may be provided
in cash or in kind, fairly evaluated and may be
obtained from any source, including other
Federal funds under this Act.
* * * * * * *
(A) demonstrates that such entity otherwise
would not be able to participate in the program
assisted under [this part] this subpart and
* * * * * * *
(3) Prohibition.--Federal funds provided under [this
part] this subpart may not be used for the indirect
costs of a program assisted under [this part] this
subpart except that the Secretary may waive this
paragraph if an eligible recipient of funds reserved
under section 1202(a)(1)(C) demonstrates to the
Secretary's satisfaction that such recipient otherwise
would not be able to participate in the program
assisted under [this part] this subpart.
SEC. 1205. [20 U.S.C. 6365] PROGRAM ELEMENTS.
Each program assisted under [this part] this subpart
shall--
(1) include the identification and recruitment of
families most in need of services provided under [this
part] this subpart, as indicated by a low level of
income, a low level of adult literacy or English
language proficiency of the eligible parent or parents,
and other need-related indicators;
(2) include screening and preparation of parents,
including teenage parents and children to enable such
parents to participate fully in the activities and
services provided under [this part] this subpart,
including testing, referral to necessary counselling,
other developmental and support services, and related
services;
(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the
provision of support services, when such services are
unavailable from other sources, necessary for
participation in the activities assisted under [this
part] this subpart, such as--
* * * * * * *
(B) child care for the period that parents
are involved in the program provided under
[this part] this subpart; and
(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by [this
part] this subpart;
* * * * * * *
(5) include special training of staff, including
child care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through [this part]
this subpart;
* * * * * * *
(9) ensure that the programs will serve those
families most in need of the activities and services
provided by [this part] this subpart; and
* * * * * * *
SEC. 1206. [20 U.S.C. 6366] ELIGIBLE PARTICIPANTS.
(a) In General.--* * *
* * * * * * *
(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under [this part] this subpart; and
* * * * * * *
(b) Eligibility for Certain Other Participants.--
(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
[this part] this subpart, when appropriate to serve the
purpose of [this part] this subpart.
* * * * * * *
(2) Special rule.--Any family participating in a
program assisted under [this part] this subpart that
becomes ineligible for such participation as a result
of one or more members of the family becoming
ineligible for such participation may continue to
participate in the program until all members of the
family become ineligible for such participation,
which--
* * * * * * *
SEC. 1207. [20 U.S.C. 6367] APPLICATIONS.
(a) Submission.--To be eligible to receive a subgrant under
[this part] this subpart, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
* * * * * * *
(1) to develop, administer, and implement an Even
Start program under [this part] this subpart; and
* * * * * * *
(i) to ensure that the programs will
serve families most in need of the
activities and services provided by
[this part] this subpart;
(ii) to provide services under [this
part] this subpart to individuals with
special needs, such as individuals with
limited English proficiency and
individuals with disabilities; and
* * * * * * *
(A) remain in effect for the duration of the
eligible entity's participation under [this
part] this subpart; and
* * * * * * *
SEC. 1208. [20 U.S.C. 6368] AWARD OF SUBGRANTS.
(a) Selection Process.--
(1) In general.--* * *
* * * * * * *
(b) Duration.--
(1) In general.--Subgrants under [this part] this
subpart may be awarded for a period not to exceed four
years.
* * * * * * *
(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under [this part] this
subpart for the second, third, or fourth year, the
State educational agency shall evaluate the program
based on the indicators of program quality developed by
the State under section 1210. Such evaluation shall
take place after the conclusion of the startup period,
if any.
* * * * * * *
(5) Grant renewal.--(A) An eligible entity that has
pre-viously received a subgrant under [this part] this
subpart may reapply under this part for additional
subgrants. An eligible recipient may receive funds
under [this part] this subpart for a period not to
exceed eight years.
* * * * * * *
SEC. 1209. [20 U.S.C. 6369] EVALUATION.
From funds reserved under section 1202(b)(1), the Secretary
shall provide for an independent evaluation of programs
assisted under [this part] this subpart--
(1) to determine the performance and effectiveness of
pro-grams assisted under [this part] this subpart;
(2) to identify effective Even Start programs
assisted under [this part] this subpart that can be
duplicated and used in providing technical assistance
to Federal, State, and local programs; and
(3) to provide States and eligible entities receiving
a subgrant under [this part] this subpart, directly or
through a grant or contract with an organization with
experience in the development and operation of
successful family literacy services, technical
assistance to ensure local evaluations undertaken under
section 1205(10) provide accurate information on the
effectiveness of programs assisted under [this part]
this subpart.
SEC. 1210. [20 U.S.C. 6369A] INDICATORS OF PROGRAM QUALITY.
Each State receiving funds under [this part] this subpart
shall develop, based on the best available research and
evaluation data, indicators of program quality for programs
assisted under [this part] this subpart. Such indicators shall
be used to monitor, evaluate, and improve such programs within
the State. Such indicators shall include the following:
* * * * * * *
SEC. 1211. [20 U.S.C. 6369B] RESEARCH.
(a) In General.--* * *
* * * * * * *
(1) to improve the quality of existing programs
assisted under [this part] this subpart or other family
literacy programs carried out under this Act or the
Adult Education and Family Literacy Act; and
* * * * * * *
(b) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 2258, the results of the
research described in subsection (a) to States and recipients
of subgrants under [this part] this subpart.
SEC. 1212. [20 U.S.C. 6370] CONSTRUCTION.
Nothing in [this part] this subpart shall be construed to
prohibit a recipient of funds under [this part] this subpart
from serving students participating in Even Start
simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
* * * * * * *
Subpart 2--Reading First
SEC. 1221. PURPOSES.
The purposes of this subpart are as follows:
(1) To provide assistance to States and local
educational agencies in establishing reading programs
for students in grades kindergarten through 3 that are
grounded in scientifically based reading research, in
order to ensure that every student can read at grade
level or above by the end of the third grade.
(2) To provide assistance to States and local
educational agencies in preparing teachers, through
professional development and other support, so the
teachers can identify specific reading barriers facing
their students and so the teachers have the tools
effectively to help their student to learn to read.
(3) To provide assistance to States and local
educational agencies in selecting or developing
rigorous diagnostic reading assessments that document
the effectiveness of this subpart in improving
students' reading and in holding grant and subgrant
recipients accountable for their results.
(4) To provide assistance to States and local
educational agencies in selecting or developing
effective instructional materials, programs, and
strategies to implement methods that have been proven
to prevent or remediate reading failure within a State
or States.
(5) To strengthen coordination among schools, early
literacy programs, and family literacy programs in
order to improve reading achievement for all children.
SEC. 1222. FORMULA GRANTS TO STATES; COMPETITIVE SUBGRANTS TO LOCAL
AGENCIES.
(a) In General.--In the case of each State that in
accordance with section 1224 submits to the Secretary an
application for a 5-year period, the Secretary, subject to the
application's approval, shall make a grant to the State
educational agency for the uses specified in subsections (c)
and (d). The grant shall consist of the allotment determined
for the State under subsection (b).
(b) Determination of Amount of Allotment.--
(1) In general.--From the total amount made available
to carry out this subpart for any fiscal year and not
reserved under section 1225, the Secretary shall allot
75 percent under this section among each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(2) State allotments.--The Secretary shall allot the
amount made available under paragraph (1) for a fiscal
year among the States in proportion to the amount all
local educational agencies in a State would receive
under section 1124.
(3) Reallotment.--If any State does not apply for an
allotment under this section for any fiscal year, or if
the State's application is not approved, the Secretary
shall reallot such amount to the remaining States in
accordance with paragraph (2).
(c) Subgrants to Local Educational Agencies.--
(1) Distribution of subgrants.--The Secretary may
make a grant to a State under this section only if the
State agrees to expend at least 80 percent of the
amount of the funds provided under the grant for the
purpose of making, in accordance with this subsection,
competitive subgrants to eligible local educational
agencies.
(2) Notice.--A State receiving a grant under this
section shall provide notice to all eligible local
educational agencies in the State of the availability
of competitive subgrants under this subsection and of
the requirements for applying for the subgrants.
(3) Local application.--To be eligible to receive a
subgrant under this subsection, an eligible local
educational agency shall submit an application to the
State at such time, in such manner, and containing such
information as the State may reasonably require.
(4) Definition of eligible local educational
agency.--In this subpart the term ``eligible local
educational agency'' means a local educational agency
that--
(A) has a high percentage of students in
grades kindergarten through 3 reading below
grade level; and
(B) has--
(i) jurisdiction over a geographic
area that includes an area designated
as an empowerment zone, or an
enterprise community, under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986;
(ii) jurisdiction over at least 1
school that is identified for school
improvement under section 1116(c); or
(iii) a high percentage of children
who are counted under section 1124(c),
in comparison to other local
educational agencies in the State.
(5) State requirement.--In distributing subgrant
funds to local educational agencies, a State shall
provide the funds in sufficient amounts to enable local
educational agencies to improve reading, as measured by
scores on rigorous diagnostic reading assessments.
(6) Local priority.--In distributing subgrant funds
under this subsection a local educational agency shall
give priority to providing the funds to schools that--
(A) have a high percentage of students in
grades kindergarten through 3 reading below
grade level;
(B) are identified for school improvement
under section 1116(c); or
(C) have a high percentage of children
counted under section 1124(c).
(7) Local uses of funds.--Subject to paragraph (8), a
local educational agency that receives a subgrant under
this subsection shall use the funds provided under the
subgrant to carry out the following activities:
(A) Selecting or developing, and
administering, a rigorous diagnostic reading
assessment.
(B) Selecting or developing, and
implementing, a program or programs of reading
instruction grounded on scientifically based
reading research that--
(i) includes the major components of
reading instruction; and
(ii) provides such instruction to all
children, including children who--
(I) may have reading
difficulties;
(II) are at risk of being
referred to special education
based on these difficulties;
(III) have been evaluated
under section 614 of the
Individuals with Disabilities
Education Act but, in
accordance with section
614(b)(5) of such Act, and have
not been identified as being a
child with a disability (as
defined in section 602 of such
Act);
(IV) are being served under
such Act primarily due to being
identified as being a child
with a specific learning
disability (as defined in
section 602 of such Act)
related to reading; or
(V) are identified as having
limited English proficiency (as
defined in section 3501).
(C) Procuring and implementing instructional
materials grounded on scientifically based
reading research.
(D) Providing professional development for
teachers of grades kindergarten through 3
that--
(i) will prepare these teachers in
all of the major components of reading
instruction;
(ii) shall include--
(I) information on
instructional materials,
programs, strategies, and
approaches grounded on
scientifically based reading
research, including early
intervention and reading
remediation materials,
programs, and approaches; and
(II) instruction in the use
of rigorous diagnostic reading
assessments and other
procedures that effectively
identify students who may be at
risk for reading failure or who
are having difficulty reading;
and
(iii) may be provided by eligible
professional development providers or
otherwise.
(E) Promoting reading and library programs
that provide access to engaging reading
material.
(F) Providing training to individuals who
volunteer to be reading tutors for students to
enable the volunteers to support instructional
practices that are based on scientific reading
research and being used by the student's
teacher.
(G) Assisting parents, through the use of
materials, programs, strategies and approaches,
that are based on scientific reading research,
to help support their children's reading
development.
(H) Collecting and summarizing data from
rigorous diagnostic reading assessments--
(i) to document the effectiveness of
this subpart in individual schools and
in the local educational agency as a
whole; and
(ii) to stimulate and accelerate
improvement by identifying the schools
that produce the significant gains in
reading achievement.
(I) Reporting data in the same manner as data
is reported under section 1116(c).
(8) Local planning and administration.--A local
educational agency that receives a subgrant under this
subsection may use not more than 5 percent of the funds
provided under the subgrant for planning and
administration.
(d) Other State Uses of Funds.--
(1) In general.--A State that receives a grant under
this section may expend not more than a total of 20
percent of the grant funds to carry out the activities
described in paragraphs (3), (4), and (5).
(2) Priority.--A State shall give priority to
carrying out the activities described in paragraphs
(3), (4), and (5) for schools described in subsection
(c)(6).
(3) Professional development.--A State that receives
a grant under this section may expend not more than 15
percent of the amount of the funds provided under the
grant to develop and implement a program of
professional development for teachers of grades
kindergarten through 3 that--
(A) will prepare these teachers in all of the
major components of reading instruction;
(B) shall include--
(i) information on instructional
materials, programs, strategies, and
approaches grounded on scientifically
based reading research, including early
intervention and reading remediation
materials, programs, and approaches;
and
(ii) instruction in the use of
rigorous diagnostic reading assessments
and other procedures that effectively
identify students who may be at risk
for reading failure or who are having
difficulty reading; and
(C) may be provided by eligible professional
development providers or otherwise.
(4) Technical assistance for local educational
agencies and schools.--A State that receives a grant
under this section may expend not more than 5 percent
of the amount of the funds provided under the grant for
one or more of the following authorized State
activities:
(A) Assisting local educational agencies in
accomplishing the tasks required to design and
implement a program under this subpart,
including--
(i) selecting and implementing a
program or programs of reading
instruction grounded on scientifically
based reading research;
(ii) selecting or developing rigorous
diagnostic reading assessments; and
(iii) identifying eligible
professional development providers to
help prepare reading teachers to teach
students using the programs and
assessments described in subparagraphs
(A) and (B).
(B) Providing expanded opportunities to
students in grades kindergarten through 3
within eligible local educational agencies for
receiving reading assistance from alternative
providers that includes--
(i) a rigorous diagnostic reading
assessment; and
(ii) instruction in the major
components of reading that is based on
scientific reading research.
(3) Planning, administration, and reporting.--
(A) In general.--A State that receives a
grant under this section shall expend not more
than 5 percent of the amount of the funds
provided under the grant for the activities
described in this paragraph.
(B) Planning and administration.--A State
that receives a grant under this section may
expend funds made available under subparagraph
(A) for planning and administration relating to
the State uses of funds authorized under this
subpart, including the following:
(i) Administering the distribution of
competitive subgrants to local
educational agencies under sections
1222 and 1223.
(ii) Collecting and summarizing data
from rigorous diagnostic reading
assessments--
(I) to document the
effectiveness of this subpart
in individual local educational
agencies and in the State as a
whole; and
(II) to stimulate and
accelerate improvement by
identifying the local
educational agencies that
produce significant gains in
reading achievement.
(C) Annual reporting.--
(i) In general.--A State that
receives a grant under this section
shall expend funds provided under the
grant to provide the Secretary annually
with a report on the implementation of
this subpart. The report shall include
evidence that the State is fulfilling
its obligations under thissubpart. The
report shall also include the data
required under subsection (c)(7)(H) to
be reported to the State by local
educational agencies. The report shall
include a specific identification of
those local educational agencies that
report significant gains in reading
achievement overall and such gains
based on disaggregated data, reported
in the same manner as data is reported
under section 1116(c).
(ii) Privacy protection.--Data in the
report shall be reported in a manner
that protects the privacy of
individuals.
(iii) Contract.--To the extent
practicable, a State shall enter into a
contract with an entity that conducts
scientifically based reading research,
under which contract the entity will
assist the State in producing the
reports required to be submitted under
this subparagraph.
SEC. 1223. COMPETITIVE GRANTS TO STATES; COMPETITIVE SUBGRANTS TO LOCAL
AGENCIES.
(a) In General.--In the case of a State that in accordance
with section 1224 submits to the Secretary an application, the
Secretary may award a grant, on a competitive basis, to the
State for the use specified in subsection (c). The grant shall
consist of the allotment determined for the State under
subsection (b).
(b) Determination of Amount of Allotment.--
(1) In general.--From the total amount made available
to carry out this subpart for any fiscal year referred
to in subsection (a) that is neither used under section
1222 nor reserved under section 1225, the Secretary may
allot such remaining amount under this section among
each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(2) State allotments.--
(A) In general.--In carrying out paragraph
(1), the Secretary shall allot such funds to
those States that demonstrate the most
effective implementation of this subpart, as
determined by the peer review panel convened
under section 1224 based upon the application
contents described in subparagraph (B).
(B) Application contents.--A State that
desires to receive a grant under this section
shall include in its application the following:
(i) Evidence that the State has
carried out its obligations under this
subpart.
(ii) Evidence that the State has
increased significantly the percentage
of students reading at grade level or
above by the end of the third grade.
(iii) Evidence that the State has
been successful in reducing the reading
deficit in terms of the percentage of
students in ethnic, racial, and low-
income populations who are reading at
grade level or above by the end of the
third grade.
(iv) The amount of funds being
requested by the State and a
description of the criteria the State
intends to use in distributing
subgrants to local educational agencies
under this section to continue or
expand activities under this subpart.
(v) Any additional evidence that
demonstrates success in the
implementation of this subpart.
(c) Subgrants to Local Educational Agencies.--
(1) In general.--The Secretary may make a grant to a
State under this section only if the State agrees to
expend 100 percent of the amount of the funds provided
under the grant for the purpose of making competitive
subgrants in accordance with this subsection to local
educational agencies.
(2) Notice.--A State receiving a grant under this
section shall provide notice to all eligible local
educational agencies in the State of the availability
of competitive subgrants under this subsection and of
the requirements for applying for the subgrants.
(3) Application.--To apply for a subgrant under this
subsection, an eligible local educational agency shall
submit an application to the State at such time, in
such manner, and containing such information as the
State may reasonably require.
(4) Distribution.--A State shall distribute funds
under this section, on a competitive basis, based on
the following criteria:
(A) Evidence that a local educational agency
has carried out its obligations under this
subpart.
(B) Evidence that a local educational agency
has increased significantly the percentage of
students reading at grade level or above by the
end of the third grade.
(C) Evidence that a local educational agency
has been successful in reducing the reading
deficit in terms of the percentage of students
in ethnic, racial, and low-income populations
who are reading at grade level or above by the
end of the third grade.
(D) The amount of funds being requested by a
local educational agency in its application
under paragraph (3) and the description in such
application of how such funds will be used to
support the continuation or expansion of the
agency's programs under this subpart.
(E) Evidence that the local educational
agency will work with other eligible local
educational agencies in the State who have not
received a subgrant under this subsection to
assist such nonreceiving agencies in increasing
the reading achievement of students.
(F) Any additional evidence in a local
educational agency's application under
paragraph (3) that demonstrates success in the
implementation of this subpart.
(5) Local uses of funds.--A local educational agency
that receives a subgrant under this subsection shall
use the funds provided under the subgrant to carry out
the activities described in subparagraphs (A) through
(G) of section 1222(c)(7).
SEC. 1224. STATE APPLICATIONS.
(a) In General.--A State that desires to receive a grant
under this subpart shall submit an application to the Secretary
at such time and in such form as the Secretary may require. The
application shall contain the information described in
subsection (b).
(b) Contents.--An application under this section shall
contain the following:
(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has
established a reading and literacy partnership
described in subsection (d), and a description of how
such partnership--
(A) coordinated the development of the
application; and
(B) will assist in the oversight and
evaluation of the State's activities under this
subpart.
(2) A description of a strategy to expand, continue,
or modify activities commenced under part C of title II
of this Act (as such part was in effect on the day
before the date of the enactment of the Better
Education for Students and Teachers Act).
(3) An assurance that the State will submit to the
Secretary, at such time and in such manner as the
Secretary may reasonably require, a State plan
containing a description of the following:
(A) How the State will assist local
educational agencies in identifying rigorous
diagnostic reading assessments.
(B) How the State will assist local
educational agencies in identifying
instructional materials, programs, strategies,
and approaches, grounded on scientifically
based reading research, including early
intervention and reading remediation materials,
programs and approaches.
(C) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided
under this subpart are--
(i) coordinated with other State and local level
funds and used effectively to improve instructional
practices for reading; and
(ii) based on scientifically based reading research.
(D) How the activities assisted under this
subpart will address the needs of teachers and
other instructional staff in schools receiving
assistance under this subpart and will
effectively teach students to read.
(E) The extent to which the activities will
prepare teachers in all the major components of
reading instruction.
(F) How subgrants made by the State
educational agency under this subpart will meet
the requirements of this subpart, including how
the State educational agency will ensure that
local educational agencies receiving subgrants
under this subpart will use practices based on
scientifically based reading research.
(G) How the State educational agency will, to
the extent practicable, make grants to
subgrantees in both rural and urban areas.
(H) How the State educational agency--
(i) will build on, and promote
coordination among, literacy programs
in the State (including federally
funded programs such as the Adult
Education and Family Literacy Act and
the Individuals with Disabilities
Education Act), in order to increase
the effectiveness of the programs in
improving reading for adults and
children and to avoid duplication of
the efforts of the program; and
(ii) will assess and evaluate, on a
regular basis, local educational agency
activities assisted under this subpart,
with respect to whether they have been
effective in achieving the purposes of
this subpart.
(c) Approval of Applications.--
(1) In general.--The Secretary shall approve an
application of a State under this section only if such
application meets the requirement of this section.
(2) Peer review.--
(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
(i) 3 individuals selected by the
Secretary;
(ii) 3 individuals selected by the
National Institute for Literacy;
(iii) 3 individuals selected by the
National Research Council of the
National Academy of Sciences; and
(iv) 3 individuals selected by the
National Institute of Child Health and
Human Development.
(B) Experts.--The panel shall include experts
who are competent, by virtue of their training,
expertise, or experience, to evaluate
applications under this section, and experts
who provide professional development to
teachers of reading to children and adults, and
experts who provide professional development to
other instructional staff, based on
scientifically based reading research.
(C) Recommendations.--The panel shall
recommend grant applications from States under
this section to the Secretary for funding or
for disapproval.
(d) Reading and Literacy Partnerships.--
(1) Required participants.--In order for a State to
receive a grant under this subpart, the Governor of the
State, in consultation with the State educational
agency, shall establish a reading and literacy
partnership consisting of at least the following
participants:
(A) The Governor of the State.
(B) The chief State school officer.
(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
(D) A representative, selected jointly by the
Governor and the chief State school officer, of
at least one local educational agency that is
eligible to receive a subgrant under section
1222.
(E) A representative, selected jointly by the
Governor and the chief State school officer, of
a community-based organization working with
children to improve their reading skills,
particularly a community-based organization
using tutors and scientifically based reading
research.
(F) State directors of appropriate Federal or
State programs with a strong reading component.
(G) A parent of a public or private school
student or a parent who educates their child or
children in their home, selected jointly by the
Governor and the chief State school officer.
(H) A teacher who successfully teaches
reading and an instructional staff member,
selected jointly by the Governor and the chief
State school officer.
(I) A family literacy service provider
selected jointly by the Governor and the chief
state school officer.
(2) Optional participants.--A reading and literacy
partnership may include additional participants, who
shall be selected jointly by the Governor and the chief
State school officer, and who may include a
representative of--
(A) an institution of higher education
operating a program of teacher preparation
based on scientifically based reading research
in the State;
(B) a local educational agency;
(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
(D) an adult education provider;
(E) a volunteer organization that is involved
in reading programs; or
(F) a school library or a public library that
offers reading or literacy programs for
children or families.
(3) Preexisting partnership.--If, before the date of
the enactment of the Better Education for Students and
Teachers Act, a State established a consortium,
partnership, or any other similar body that was
considered a reading and literacy partnership for
purposes of part C of title II of this Act (as such
part was in effect on the day before the date of the
enactment of the Better Education for Students and
Teachers Act), that consortium, partnership, or body
may be considered a reading and literacy partnership
for purposes of this subpart notwithstanding that it
does not satisfy the requirements of paragraph (1).
SEC. 1225. RESERVATIONS FROM APPROPRIATIONS.
From the amounts appropriated to carry out this subpart for
a fiscal year, the Secretary--
(1) may reserve not more than 1 percent to carry out
section 1226 (relating to national activities); and
(2) shall reserve $5,000,000 to carry out section
1227 (relating to information dissemination).
SEC. 1226. NATIONAL ACTIVITIES.
From funds reserved under section 1225(1), the Secretary--
(1) through grants or contracts, shall conduct an
evaluation of the program under this subpart using
criteria recommended by the peer review panel convened
under section 1224; and
(2) may provide technical assistance in achieving the
purposes of this subpart to States, local educational
agencies, and schools requesting such assistance.
SEC. 1227. INFORMATION DISSEMINATION.
(a) In General.--From funds reserved under section 1225(2),
the National Institute for Literacy, in collaboration with the
Departments of Education and Health and Human Services,
including the National Institute for Child Health and Human
Development, shall--
(1) disseminate information on scientifically based
reading research pertaining to children, youth, and
adults;
(2) identify and disseminate information about
schools, local educational agencies, and States that
effectively developed and implemented reading programs
that meet the requirements of this subpart, including
those effective States, local educational agencies, and
schools identified through the evaluation and peer
review provisions of this subpart; and
(3) support the continued identification of
scientifically based reading research that can lead to
improved reading outcomes for children, youth, and
adults through evidenced-based assessments of the
scientific research literature.
(b) Dissemination and Coordination.--At a minimum, the
National Institute for Literacy shall disseminate such
information to recipients of Federal financial assistance under
titles I and III, the Head Start Act, the Individuals With
Disabilities Education Act, and the Adult Education and Family
Literacy Act. In carrying out this section, the National
Institute for Literacy shall, to the extent practicable,
utilize existing information and dissemination networks
developed and maintained through other public and private
entities.
(c) Use of Funds.--The National Institute for Literacy may
use not more than 5 percent of the funds made available under
section 1225(2) for administrative purposes directly related to
carrying out of activities authorized by this section.
SEC. 1228. DEFINITIONS.
For purposes of this subpart:
(1) Eligible professional development provider.--The
term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers that is based on scientifically
based reading research.
(2) Instructional staff.--The term ``instructional
staff''--
(A) means individuals who have responsibility
for teaching children to read; and
(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
(3) Major components of reading instruction.--The
term ``major components of reading instruction'' means
systematic instruction that includes--
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) reading fluency; and
(E) reading comprehension strategies.
(4) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
(B) The ability to decode unfamiliar words.
(C) The ability to read fluently.
(D) Sufficient background information and
vocabulary to foster reading comprehension.
(E) The development of appropriate active
strategies to construct meaning from print.
(F) The development and maintenance of a
motivation to read.
(5) Rigorous diagnostic reading assessment.--The term
``rigorous diagnostic reading assessment'' means a
diagnostic reading assessment that--
(A) is valid, reliable, and grounded in
scientifically based reading research;
(B) measures progress in phonemic awareness
and phonics, vocabulary development, reading
fluency, and reading comprehension; and
(C) identifies students who may be at risk
for reading failure or who are having
difficulty reading.
(6) Scientifically based reading research.--The term
``scientifically based reading research''--
(A) means research that applies rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to reading
development, reading instruction, and reading
difficulties; and
(B) shall include research that--
(i) employs systematic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
Subpart 3--Early Reading First
SEC. 1241. PURPOSES.
The purposes of this subpart are as follows:
(1) To support local efforts to enhance the school
readiness of young children, particularly those from
low-income families, through scientific, research-based
strategies and professional development that are
designed to enhance the early language and literacy
development of children aged 3 through 5.
(2) To provide children aged 3 through 5 with
cognitive learning opportunities in high-quality
language and literature-rich environments, so that they
can attain the fundamental knowledge necessary for
optimal reading development in kindergarten and beyond.
(3) To integrate these learning opportunities with
family literacy services.
(4) To demonstrate research-based language and
literacy activities, which can be integrated with
existing preschool programs, that support the age-
appropriate development of letter knowledge, letter
sounds and blending of sounds, words, the use of books,
and the understanding and use of an increasingly
complex and rich spoken vocabulary, developed in part
through teacher-read stories, as well as other
activities that build a strong foundation for learning
to read.
SEC. 1242. LOCAL EARLY READING FIRST GRANTS.
(a) Program Authorized.--From amounts appropriated under
section 1002(b)(3), the Secretary shall award grants, on a
competitive basis, for periods of not more than 4 years, to
eligible applicants to enable the eligible applicants to carry
out activities that are consistent with the purposes of this
subpart.
(b) Definition of Eligible Applicant.--In this subpart the
term ``eligible applicant'' means--
(1) one or more local educational agencies that are
eligible to receive a subgrant under subpart 2;
(2) one or more public or private organizations,
acting on behalf of 1 or more programs that serve
preschool age children (such as a program at a Head
Start center or a family literacy program), which
organizations shall be located in a community served by
a local educational agency described in paragraph (1);
or
(3) one or more local educational agencies described
in paragraph (1) in collaboration with one or more
organizations described in paragraph (2).
(c) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an application
to the Secretary which shall include a description of--
(1) the programs to be served by the proposed
project, including demographic and socioeconomic
information on the children enrolled in the programs;
(2) how the proposed project will prepare and provide
ongoing assistance to staff in the programs, through
professional development and other support, to provide
high-quality language, literacy and prereading
activities using scientifically based research, for
children ages 3 through 5;
(3) how the proposed project will provide services
and utilize materials that are based on scientifically
based research on early language acquisition,
prereading activities, and the development of spoken
vocabulary skills;
(4) how the proposed project will help staff in the
programs to meet the diverse needs of children in the
community better, including children with limited
English proficiency, disabilities, or other special
needs;
(5) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and literacy skills, to
make the transition from preschool to formal classroom
instruction in school;
(6) if the eligible applicant has received a subgrant
under subpart 2, how the activities conducted under
this subpart will be coordinated with the eligible
applicant's activities under subpart 2 at the
kindergarten through third-grade level;
(7) how the proposed project will determine the
success of the activities supported under this subpart
in enhancing the early language and literacy
development of children served by the project; and
(8) such other information as the Secretary may
require.
(d) Approval of Applications.--The Secretary shall select
applicants for funding under this subpart onthe basis of the
quality of the applications, in consultation with the National
Institute for Child Health and Human Development, the National
Institute for Literacy, and the National Academy of Sciences.
The Secretary shall select applications for approval under this
subpart on the basis of a peer review process.
(e) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
SEC. 1243. FEDERAL ADMINISTRATION.
The Secretary shall consult with the Secretary of Health
and Human Services in order to coordinate the activities
undertaken under this subpart with early childhood programs
administered by the Department of Health and Human Services.
SEC. 1244. INFORMATION DISSEMINATION.
From the funds the National Institute for Literacy receives
under section 1227, the National Institute for Literacy, in
consultation with the Secretary, shall disseminate information
regarding projects assisted under this subpart that have proven
effective.
SEC. 1245. REPORTING REQUIREMENTS.
Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart.
SEC. 1246. EVALUATIONS.
From the total amount appropriated under section 1002(b)(3)
for the period beginning October 1, 2002 and ending September
30, 2008, the Secretary shall reserve not more than $5,000,000
to conduct an independent evaluation of the effectiveness of
this subpart.
SEC. 1247. ADDITIONAL RESEARCH.
From the amount appropriated under section 1002(b)(3) for
each of the fiscal years 2002 through 2006, the Secretary shall
reserve not more than $3,000,000 to conduct, in consultation
with National Institute for Child Health and Human Development,
the National Institute for Literacy, and the Department of
Health and Human Services, additional research on language and
literacy development for children aged 3 through 5.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 1301. [20 U.S.C. 6391] PROGRAM PURPOSE.
It is the purpose of this part to assist States to--
(1) * * *
* * * * * * *
(2) ensure that migratory children who move among the
States are not penalized in any manner by disparities
among the States in curriculum, graduation
requirements, and State student performance and content
standards;
[(2)](3) ensure that migratory children are provided
with appropriate education services (including
supportive services) that address their special needs
in a coordinated and efficient manner;
[(3)](4) ensure that migratory children have the
opportunity to meet the same challenging State content
standards and challenging State student performance
standards that all children are expected to meet;
[(4)](5) design programs to help migratory children
overcome educational disruption, cultural and language
barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare such
children to make a successful transition to
postsecondary education or employment; and
[(5)](6) ensure that migratory children benefit from
State and local systemic reforms[.]; and
(7) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging
State content and student performance standards that
all children are expected to meet.
* * * * * * *
SEC. 1304. [20 U.S.C. 6394] STATE APPLICATIONS; SERVICE.
(a) Application Required.-- * * *
* * * * * * *
(b) Program Information.--Each such application shall
include--
(1) a description of how, in planning, implementing,
and evaluating programs and projects assisted under
this part, the State and its local operating agencies
will ensure that the special education needs of
migratory children, including preschool migratory
children are identified and addressed through [a
comprehensive plan for needs assessment and service
delivery that meets the requirements of section 1306;]
the full range of services that are available for
migratory children from appropriate local, State, and
Federal educational programs;
(2) a description of joint planning efforts that will
be made with respect to programs assisted under this
Act, local, State, and Federal programs, and bilingual
education programs under subpart 1 of part A of title
III;
[(2)](3) a description of the steps the State is
taking to provide all migratory students with the
opportunity to meet the same challenging State content
standards and challenging State student performance
standards that all children are expected to meet;
[(3)](4) a description of how the State will use
funds received under this part to promote interstate
and intrastate coordination of services for migratory
children, including how, consistent with procedures the
Secretary may require, the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such move occurs during the regular
school year;
[(4)](5) a description of the State's priorities for
the use of funds received under this part, and how such
priorities relate to the State's assessment of needs
for services in the State;
[(5)](6) a description of how the State will
determine the amount of any subgrants the State will
award to local operating agencies, taking into account
the requirements of paragraph (1); and
[(6)](7) such budgetary and other information as the
Secretary may require.
(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
(1) funds received under this part will be used
only--
* * * * * * *
[(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is appropriate consultation with parent
advisory councils for programs of one school year in
duration, and that all such programs and projects are
carried out, to the extent feasible, in a manner
consistent with section 1118;]
(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with parent advisory
councils for programs of one school year in duration,
and that all such programs and projects are carried
out--
(A) in a manner consistent with section 1118
unless extraordinary circumstances make
implementation with such section impractical;
and
(B) in a format and language understandable
to the parents;
* * * * * * *
SEC. 1306. [20 U.S.C. 6396] COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
(a) Comprehensive Plan.--
(1) In general.--* * *
* * * * * * *
(A) is integrated with other programs under
this Act, [the Goals 2000: Educate America Act]
or other Acts, as appropriate, consistent with
section [14306] 5506;
(B) may be submitted as a part of
consolidated application under section [14302]
5502, if--
(i) the special needs of migratory
children are specifically addressed in
the comprehensive State plan;
(ii) the comprehensive State plan is
developed in collaboration with parents
of migratory children; and
(iii) the comprehensive State
planning is not used to supplant State
efforts regarding, or administrative
funding for, this part;
* * * * * * *
(b) Authorized Activities.--
(1) In general.-- * * *
* * * * * * *
[(b) Assistance and Reportint.--
(3) Special rule.--Notwithstanding sectino 1114, a
school that received funds under this part shall
continue to address the identified needs described in
paragraph (a)(A), and shall meet the special
educational needs of migrant children before using
funds under this part for schoolwide programs under
section 1114.
SEC. 1308. [20 U.S.C. 6398] COORDINATION OF MIGRANT EDUCATION
ACTIVITIES.
(a) Improvement of Coordination.--
(1) In general.--* * *
* * * * * * *
[(1) Student records.--(A) The Secretary shall
solicit information on how student records are
transferred from one school to another and shall
solicit recommendations on whether new procedures and
technologies for record transfer should be employed to
better meet the needs of the migrant population.
[(B) The Secretary shall also seek recommendations on
the most effective means for determining the number of
students or full-time equivalent students in each State
for the purpose of allocating funds under this part.
[(2) Report to congress.--(A) Not later than April
30, 1995, the Secretary shall report to the Committee
on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of
Representatives the Secretary's findings and
recommendations, and shall include in this report,
recommendations for interim measures that may be taken
to ensure continuity of services in this program.
[(B) The Secretary shall assist States in developing
effective methods for the transfer of student records
and in determining the number of students or full-time
equivalent students in each State if such interim
measures are required.]
(b) Access to Information on Migrant Students.--
(1) Information system.--(A) The Secretary shall
establish an information system for electronically
exchanging, among the States, health and educational
information regarding all students served under this
part. Such information may include--
(i) immunization records and other health
information;
(ii) elementary and secondary academic
history (including partial credit), credit
accrual, and results from State assessments
required under this title;
(iii) other academic information essential to
ensuring that migrant children achieve to high
standards; and
(iv) eligibility for services under the
Individuals with Disabilities Education Act.
(B) The Secretary shall publish, not later than 120
days after the date of enactment of the Better
Education for Students and Teachers Act, a notice in
the Federal Register seeking public comment on the
proposed data elements that each State receiving funds
under this part shall be required to collect for
purposes of electronic transfer of migrant student
information, the requirements for immediate electronic
access to such information, and the educational
agencies eligible to access such information.
(C) Such system of electronic access to migrant
student information shall be operational not later than
1 year after the date of enactment of the Better
Education for Students and Teachers Act.
(D) For the purpose of carrying out this subsection
in any fiscal year, the Secretary shall reserve not
more than $10,000,000 of the amount appropriated to
carry out this part for such year.
(2) Report to congress.--(A) Not later than April 30,
2003, the Secretary shall report to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives the Secretary's findings and
recommendations regarding services under this part, and
shall include in this report, recommendations for the
interim measures that may be taken to ensure continuity
of services under this part.
(B) The Secretary shall assist States in developing
effective methods for the transfer of student records
and in determining the number of students or full-time
equivalent students in each State if such interim
measures are required.
(c) Availability of Funds.--For the purpose of carrying out
this section in any fiscal year, the Secretary shall reserve
not more than [$6,000,000] $10,000,000 of the amount
appropriated to carry out this part for such year.
(d) Incentive Grants.--
(1) In general.--From the amounts made available to
carry out this section, the Secretary shall reserve not
more than [$1,500,000] $3,000,000 to award, on a
competitive basis, grants in the amount of not more
than $250,000 to State educational agencies with
consortium agreements under section 1303(d).
* * * * * * *
(e) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.
* * * * * * *
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING OUT
[SEC. 1401. [20 U.S.C. 6421] FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
[(a) Findings.--Congress finds the following:
[(1) A large percentage of youth in the juvenile
justice system have poor academic achievement, are a
year or more behind grade level, and have dropped out
of school.
[(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
[(3) Preventing students from dropping out of local
schools and addressing the educational needs of
delinquent youth can help reduce the dropout rate and
involvement in delinquent activities at the same time.
[(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and
students often return to their home school ill-prepared
to meet current curriculum requirements.
[(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal
with the unique educational and other needs of such
youth.
[(6) A continuing need exists for activities and
programs to reduce the incidence of youth dropping out
of school.
[(7) Federal dropout prevention programs have
demonstrated effectiveness in keeping children and
youth in school.
[((8) Pregnant and parenting teens are a high at-risk
group for dropping out of school and should be targeted
by dropout prevention programs.
[(9) Such youth need a strong dropout prevention
program which provides such youth with high level
skills and which provides supports to youth returning
from correctional facilities in order to keep such
youth in school.
[(b) Purpose.--It is the purpose of this part--
[(1) to improve educational services to children in
local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same challenging
State content standards and challenging State student
performance standards that all children in the State
will be expected to meet;
[(2) to provide such children and youth the services
needed to make a successful transition from
institutionalization to further schooling or
employment; and
[(3) to prevent at-risk youth from dropping out of
school and to provide dropouts and youth returning from
institutions with a support system to ensure their
continued education.
[(c) Program Authorized.--In order to carry out the purpose
of this part the Secretary shall make grants to State
educational agencies to enable such agencies to award subgrants
to State agencies and local educational agencies to establish
or improve programs of education for neglected or delinquent
children and youth at risk of dropping out of school before
graduation.
[SEC. 1402. [20 U.S.C. 6422] PAYMENTS FOR PROGRAMS UNDER THIS PART.
[(a) Agency Subgrants.--Based on the allocation amount
computed under section 1412, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
[(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilities, or attending community day programs for delinquent
children and youth.
[(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
Subpart 1--State Agency Programs
[SEC. 1411. [20 U.S.C. 6431] ELIGIBILITY.
[A State agency is eligible for assistance under this
subpart if such State agency is responsible for providing free
public education for children--
[(1) in institutions for neglected or delinquent
children;
[(2) attending community day programs for neglected
or delinquent children; or
[(3) in adult correctional institutions.
SEC. 1412. [20 U.S.C. 6432] ALLOCATION OF FUNDS.
[(a) Subgrants to State Agencies.--
[(1) In General.--Each State agency described in
section 1411 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this part, for each fiscal year, an amount equal to the
product of--
[(A) the number of neglected or delinquent
children and youth described in section 1411
who--
[(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
[(ii) are enrolled for at least 20
hours per week--
[(I) in education programs in
institutions for neglected or
delinquent children; or
[(II) in community day
programs for neglected or
delinquent children; and
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Special Rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
[(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children on a specific date set
by the Secretary; and
[(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
[(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under
this part shall be equal to--
[(1) the number of children and youth counted under
subsection (a)(1) for the Commonwealth of Puerto Rico;
multiplied by
[(2) the product of--
[(A) the percentage that the average per-
pupil expendi-ture in the Commonwealth of
Puerto Rico is of the lowest average per-pupil
expenditure of any of 50 States; and
[(B) 32 percent of the average per-pupil
expenditure in the United States.
[(c) Ratable Reductions in Case of Insufficient Appropria-
tions.--If the amount appropriated for any fiscal year for sub-
grants under subsections (a) and (b) is insufficient to pay the
full amount for which all agencies are eligible under such
subsections, the Secretary shall ratably reduce each such
amount.
SEC. 1413. [20 U.S.C. 6433] STATE REALLOCATION OF FUNDS.
[If a State educational agency determines that a State
agency does not need the full amount of the subgrant for which
such State agency is eligible under this part for any fiscal
year, the State edu-cational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this part, in
such amounts as the State edu-cational agency shall determine.
[SEC. 1414. [20 U.S.C. 6434] STATE PLAN AND STATE AGENCY APPLICA-TIONS.
[(a) State Plan.--
[(1) In general.--Each State educational agency that
de-sires to receive a grant under this part shall
submit, for ap-proval by the Secretary, a plan for
meeting the needs of ne-glected and delinquent youth
and, where applicable, youth at risk of dropping out of
school which is integrated with other programs under
this Act, the Goals 2000: Education America Act, or
other Acts, as appropriate, consistent with section
14306.
[(2) Contents.--Each such State plan shall--
[(A) describe the program goals, objectives,
and per-formance measures established by the
State that will be used to assess the
effectiveness of the program in improv-ing
academic and vocational skills of children in
the pro-gram;
[(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local
educational agencies in the State; and
[(C) contain assurances that the State
educational agency will--
[(i) ensure that programs assisted
under this part will be carried out in
accordance with the State plan
described in this subsection;
[(ii) carry out the evaluation
requirements of sec-tion 1416;
[(iii) ensure that the State agencies
receiving sub-grants under this subpart
comply with all applicable statutory
and regulatory requirements; and
[(iv) provide such other information
as the Sec-retary may reasonably
require.
[(3) Duration of the plan.--Each such State plan
shall--
[(A) remain in effect for the duration of the
State's par-ticipation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(b) Secretarial Approval; Peer Review.--
[(1) In general.--The Secretary shall approve each
State plan that meets the requirements of this part.
[(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
[c State Agency Applications.--Any State agency that de-
sires to receive funds to carry out a program under this part
shall submit an application to the State educational agency
that--
[(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served;
[(2) provides assurances that in making services
available to youth in adult correctional facilities,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
[(3) describes the program, including a budget for
the first year of the program, with annual updates to
be provided to the State educational agency;
[(4) describes how the program will meet the goals
and objectives of the State plan under this subpart;
[(5) describes how the State agency will consult with
ex-perts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are o high quality;
[(6) describes how the agency will carry out the
evaluation requirements of section 14701 and how the
results of the most recent evaluation are used to plan
and improve the program;
[(7) includes data showing that the agency has
maintained fiscal effort required of a local
educational agency, in accord-ance with section 14501
of this title;
[(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as pro-grams under the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998,
vocational education pro-grams, State and local dropout
prevention programs, and spe-cial education programs;
[(9) describes how appropriate professional
development will be provided to teachers and other
staff;
[(10) designates an individual in each affected
institution to be responsible for issues relating to
the transition of children and youth from the
institution to locally operated programs;
[(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring
for participating youth;
[(12) provides assurances that the agency will assist
in locating alternative programs through which students
can continue their education if students are not
returning to school after leaving the correctional
facility;
[(13) provides assurances that the agency will work
with parents to secure parents' assistance in improving
the educational achievement of their children and
preventing their children's further involvement in
delinquent activities;
[(14) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that
the agency will notify the youth's local school if such
youth--
[(A) is identified as in need of special
education services while the youth is in the
facility; and
[(B) intends to return to the local school;
[(15) provides assurances that the agency will work
with youth who dropped out of school before entering
the facility to encourage the youth to reenter school
once the term of the youth has been completed or
provide the youth with the skills necessary to gain
employment, continue the education of the youth or
achieve a secondary school diploma or the recognized
equivalent if the youth does not intend to return to
school;
[(16) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special needs
taking into consideration the unique needs of such
students;
[(17) describes any additional services provided to
youth, such as career counseling, and assistance in
securing student loans and grants; and
[(18) provides assurances that the program under this
subpart will be coordinated with any programs operated
under the Juvenile Justice and Delinquency Prevention
Act of 1974 or other comparable programs, if
applicable.
[SEC. 1415. [20 U.S.C. 6435] USE OF FUNDS.
[(a) In General.--
[(1) Uses.--A State agency shall use funds received
under this subpart only for programs and projects
that--
[(A) are consistent with the State plan under
section 1414(a); and
[(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, further education, or employment.
[(2) Programs and projects.--Such programs and
projects--
[(A) may include the acquisition of
equipment;
[(B) shall be designed to support educational
services that--
[(i) except for institution-wide
projects under section 1416, are
provided to children identified by the
State agency is failing, or most at
risk of failing, to meet the State's
challenging State content standards and
challenging State student performance
standards;
[(ii) supplement and improve the
quality of the educational services
provided to such children by the State
agency; and
[(iii) afford such children an
opportunity to learn to such
challenging State standards;
[(C) shall be carried out in a manner
consistent with section 1120A and part F of
this title; and
[(D) may include the costs of meeting the
evaluation requirements of section 14701.
[(b) Supplement, Not Supplant.--A program under this
subpart that supplements the number of hours of instruction
students receive from State and local sources shall be
considered to comply with the supplement, not supplant
requirement of section 1120A without regard to the subject
areas in which instruction is given during those hours.
[SEC. 1416 [20 U.S.C. 6436] INSTITUTION-WIDE PROJECTS.
[A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children (other than an adult correctional
institution) or attending a community-day program for such
children may use funds received under this part to serve all
children in, and upgrade the entire educational effort of, that
institution or program if the State agency has developed, and
the State educational agency has approved, a comprehensive plan
for that institution or program that--
[(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or
program serving juveniles;
[(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a two-year period;
[(3) describes the steps the State agency has taken,
or will take, to provide all children under age 21 with
the opportunity to meet challenging State content
standards and challenging State student performance
standards in order to improve the likelihood that the
students will complete secondary school, attain
secondary diploma or its recognized equivalent, or find
employment after leaving the institution;
[(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for students;
[(5) specifically describes how such funds will be
used;
[(6) describes the measures and procedures that will
be used to assess student progress;
[(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs for
neglected or delinquent children and personnel from the
State educational agency; and
[(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
[SEC. 1417. [120 U.S.C. 6437] THREE-YEAR PROGRAMS OR PROJECTS.
[If a State agency operates a program or project under this
subpart in which individual children are likely to participate
for more than one year, the State educational agency may
approve the State agency's application for a subgrant under
this part for a period of not more than three years.
[SEC. 1418. [20 U.S.C. 6438] TRANSITION SERVICES.
[(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount such agency receives
under this subpart for any fiscal year to support projects that
facilitate the transition of children from State-operated
institutions to local educational agencies.
[(b) Conduct of Projects.--A project support under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
nonprofit organizations.
[(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include pupil services and mentoring, to
neglected and delinquent children in schools other than State-
operated institutions.
[(d) Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
[Subpart 2--Local Agency Programs
[SEC. 1421. [20 U.S.C. 6451] PURPOSE.
[The purpose of this subpart is to support the operation of
local educational agency programs which involve collaboration
with locally operated correctional facilities to--
[(1) carry out high quality education programs to
prepare youth for secondary school completion,
training, and employment, or further education;
[(2) provide activities to facilitate the transition
of such youth from the correctional program to further
education or employment; and
[(3) operate dropout prevention programs in local
schools for youth at risk of dropping out of school and
youth returning from correctional facilities.
[SEC. 1422. [20 U.S.C. 6452] PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
[(a) Local Subgrants.--With funds retained made available
under section 1402(b), the State educational agency shall award
subgrants to local educational agencies with high members or
percentages of youth residing in locally operated (including
county operated) correctional facilities for youth (including
facilities involved in day programs).
[(b) Special Rule.--A local educational agency which
includes a correctional facility that operates a school is not
required to operate a dropout prevention program if more than
30 percent of the youth attending such facility will reside
outside the boundaries of the local educational agency upon
leaving such facility.
[(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this subpart.
[SEC. 1423. [20 U.S.C. 6453] LOCAL EDUCATIONAL AGENCY APPLICATIONS.
[Eligible local educational agencies desiring assistance
under this section shall submit an application as to the State
educational agency, containing such information as the State
educational agency may require. Each such application shall
include--
[(1) a description of the program to be assisted;
[(2) a description of formal agreements between--
[(A) the local educational agency; and
[(B) correctional facilities and alternative
school programs serving youth involved with the
juvenile justice system to operate programs for
delinquent youth;
[(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent youth to ensure that such youth
are participating in an education program comparable to
one operating in the local school such youth would
attend;
[(4) as appropriate, a description of the dropout
prevention program operated by participating schools
and the types of services such schools will provide to
at-risk youth in participating schools and youth
returning from correctional facilities;
[(5) as appropriate, a description of the youth
expected to be served by the dropout prevention program
and how the school will be coordinating existing
educational programs to meet unique education needs;
[(6) as appropriate, a description of how schools
will coordinate with existing social and health
services to meet the needs of students at risk of
dropping out of school and other participating
students, including prenatal health care and nutrition
services related to the health of the parent and child,
parenting and child development classes, child care,
targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
[(7) as appropriate, a description of any
partnerships with local businesses to develop training
and mentoring services for participating students;
[(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievementof their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
[(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as programs under the Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998 and vocational education
programs serving this at-risk population of youth;
[(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
[(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of youth returning from correctional
facilities;
[(12) a description of efforts participating schools
will make to ensure correctional facilities working
with youth are aware of a child's existing
individualized education program; and
[(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for youth interested in continuing their
education but unable to participate in a regular public
school program.
[SEC 1424. [20 U.S.C. 6454] USES OF FUNDS.
[Funds provided to local educational agencies under this
subpart may be used, where appropriate, for--
[(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting
teens, youth who have come in contact with the juvenile
justice system, youth at least one year behind their
expected grade level, migrant youth, immigrant youth,
students with limited-English proficiency and gang
members;
[(2) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care and drug
and alcohol counseling, will improve the likelihood
such individuals will complete their education; and
[(3) programs to meet the unique education needs of
youth at risk of dropping out of school, which may
include vocational education, special education, career
counseling, and assistance in securing student loans
and grants.
[SEC. 1425. [20 U.S.C. 6455] PROGRAM REQUIREMENTS FOR CORRECTIONAL
FACILITIES RECEIVING FUNDS UNDER THIS SECTION.
[Each correctional facility entering into an agreement with
a local educational agency under section 1422(a) to provide
services to youth under this section shall--
[(1) where feasible, ensure educational programs in
juvenile facilities are coordinated with the student's
home school, particularly with respect to special
education students with an individualized education
program;
[(2) notify the local school of a youth if the youth
is identified as in need of special education services
while in the facility;
[(3) where feasible, provide transition assistance to
help the youth stay in school, including coordination
of services for the family, counseling, assistance in
accessing drug and alcohol abuse prevention programs,
tutoring, and family counseling;
[(4) provide support programs which encourage youth
who have dropped out to reenter school once their term
has been completed or provide such youth with the
skills necessary for such youth to gain employment or
seek a secondary school diploma or its recognized
equivalent;
[(5) work to ensure such facilities are staffed with
teachers and other qualified staff who are trained to
work with children with disabilities and other students
with special needs taking into consideration the unique
needs of such children and students;
[(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
[(7) use, to the extent possible, technology to
assist in coordinating educational programs between the
juvenile facility and the community school;
[(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
[(9) coordinate funds received under this program
with other local, State, and Federal funds available to
provide services to participating youth, such as funds
made available under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998, and
vocational education funds;
[(10) coordinate programs operated under this subpart
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable; and
[(11) if appropriate, work with local businesses to
develop training and mentoring programs for
participating youth.
[SEC. 1426. [20 U.S.C. 6456] ACCOUNTABILITY.
[The State educational agency may--
[(1) reduce or terminate funding for projects under
this section if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
[(2) require juvenile facilities to demonstrate,
after receiving assistance under this subpart for 3
years, that there has been an increase in the number of
youth returning to school, obtaining a secondary school
diploma or its recognized equivalent, or obtaining
employment after such youth are released.
[Subpart 3--General Provisions
[SEC. 1431. [20 U.S.C. 6471] PROGRAM EVALUATIONS.
[(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity, and
age, not less than one every three years to determine the
program's impact on the ability of participants to--
[(1) maintain and improve educational achievement;
[(2) accrue school credits that meet State
requirements for grade promotion and secondary school
graduation;
[(3) make the transition to a regular program or
other education program operated by a local educational
agency; and
[(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after
leaving the institution.
[(b) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
[(c) Evaluation Results.--Each State agency and local
educational agency shall--
[(1) submit evaluation results to the State
educational agency; and
[(2) use the results of evaluations under this
section to plan and improve subsequent programs for
participating children and youth.
[SEC. 1432. [20 U.S.C. 6472] DEFINITIONS.
[For the purpose of this part:
[(1) The term ``adult correctional institution''
means a facility in which persons are confined as a
result of a conviction for a criminal offense,
including persons under 21 years of age.
[(2) The term ``at-risk youth'' means school aged
youth who are at risk of academic failure, have drug or
alcohol problems, are pregnant or are parents, have
come into contact with the juvenile justice system in
the past, are at least one year behind the expected
grade level for the age of the youth, have limited-
English proficiency, are gang members, have dropped out
of school in the past, or have high absenteeism rates
at school.
[(3) The term ``community day program'' means a
regular program of instruction provided by a State
agency at a community day school operated specifically
for neglected or delinquent children.
[(4) The term ``institution for delinquent children
and youth'' means a public or private residential
facility for the care of children who have been
adjudicated to be delinquent or in need of supervision.
[(5) The term ``institution for neglected children''
means a public or private residential facility, other
than a foster home, that is operated for the care of
children who have been committed to the institution or
voluntarily placed in the institution under applicable
State law, due to abandonment, neglect, or death of
their parents or guardians.]
PART D--INITIATIVES FOR NEGLECTED, DELINQUENT, OR AT RISK YOUTH
Subpart 1--Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or at Risk of Dropping Out
SEC. 1401. PURPOSE; PROGRAM AUTHORIZED.
(a) Purpose.--It is the purpose of this subpart--
(1) to improve educational services for children in
local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same challenging
State content standards and challenging State student
performance standards that all children in the State
are expected to meet;
(2) to provide such children and youth with the
services needed to make a successful transition from
institutionalization to further schooling or
employment; and
(3) to prevent at-risk youth from dropping out of
school and to provide dropouts and youth returning from
institutions with a support system to ensure their
continued education.
(b) Program Authorized.--In order to carry out the purpose of
this subpart the Secretary shall make grants to State
educational agencies to enable such agencies to award subgrants
to State agencies and local educational agencies to establish
or improve programs of education for neglected or delinquent
children and youth at risk of dropping out of school before
graduation.
SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
(a) Agency Subgrants.--Based on the allocation amount
computed under section 1412, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies under chapter 1.
(b) Local Subgrants.--Each State shall retain, for purposes
of carrying out chapter 2, funds generated throughout the State
under part A of title I based on youth residing in local
correctional facilities, or attending community day programs
for delinquent children and youth.
CHAPTER 1--STATE AGENCY PROGRAMS
SEC. 1411. ELIGIBILITY.
A State agency is eligible for assistance under this chapter
if such State agency is responsible for providing free public
education for children--
(1) in institutions for neglected or delinquent
children and youth;
(2) attending community day programs for neglected or
delinquent children and youth; or
(3) in adult correctional institutions.
SEC. 1412. ALLOCATION OF FUNDS.
(a) Subgrants to State Agencies.--
(1) In general.--Each State agency described in
section 1411 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this chapter, for each fiscal year, an amount equal to
the product of--
(A) the number of neglected or delinquent
children and youth described in section 1411
who--
(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
(ii) are enrolled for at least 20
hours per week--
(I) in education programs in
institutions for neglected or
delinquent children and youth;
or
(II) in community day
programs for neglected or
delinquent children and youth;
and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children and youth on a specific
date set by the Secretary; and
(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under
this chapter shall be equal to--
(1) the number of children and youth counted under
subsection (a)(1)(A) for the Commonwealth of Puerto
Rico; multiplied by
(2) the product of--
(A) the percentage that the average per-pupil
expenditure in the Commonwealth ofPuerto Rico
is of the lowest average per-pupil expenditure
of any of the 50 States; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal year
for subgrants under subsections (a) and (b) is insufficient to
pay the full amount for which all State agencies are eligible
under such subsections, the Secretary shall ratably reduce each
such amount.
SEC. 1413. STATE REALLOCATION OF FUNDS.
If a State educational agency determines that a State
agency does not need the full amount of the subgrant for which
such State agency is eligible under this chapter for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this subpart,
in such amounts as the State educational agency shall
determine.
SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--Each State educational agency that
desires to receive a grant under this chapter shall
submit, for approval by the Secretary, a plan for
meeting the needs of neglected and delinquent children
and youth and, where applicable, children and youth at
risk of dropping out of school, that is integrated with
other programs under this Act, or other Acts, as
appropriate, consistent with section 5506.
(2) Contents.--Each such State plan shall--
(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the
effectiveness of the program in improving
academic and vocational skills of children in
the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local
educational agencies in the State; and
(C) contain assurances that the State
educational agency will--
(i) ensure that programs assisted
under this subpart will be carried out
in accordance with the State plan
described in this subsection;
(ii) carry out the evaluation
requirements of section 1431;
(iii) ensure that the State agencies
receiving subgrants under this chapter
comply with all applicable statutory
and regulatory requirements; and
(iv) provide such other information
as the Secretary may reasonably
require.
(3) Duration of the plan.--Each State plan shall--
(A) remain in effect for the duration of the
State's participation under this subpart; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
subpart.
(b) Secretarial Approval; Peer Review.--
(1) In general.--The Secretary shall approve each
State plan that meets the requirements of this part.
(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
(c) State Agency Applications.--Any State agency that desires
to receive funds to carry out a program under this chapter
shall submit an application to the State educational agency
that--
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served;
(2) provides assurances that in making services
available to youth in adult correctional institutions,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided to the State educational agency;
(4) describes how the program will meet the goals and
objectives of the State plan;
(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
(6) describes how the agency will carry out
evaluation activities and how the results of the most
recent evaluation are used to plan and improve the
program;
(7) includes data showing that the agency has
maintained the fiscal effort required of a local
educational agency, in accordance with section 4;
(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of the Workforce Investment
Act of 1998, vocational education programs, State and
local dropout prevention programs, and special
education programs;
(9) describes how appropriate professional
development will be provided to teachers and other
staff;
(10) designates an individual in each affected
institution to be responsible for issues relating to
the transition of children and youth from the
institution to locally operated programs;
(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring
for participating children and youth;
(12) provides assurances that the agency will assist
in locating alternative programs through which students
can continue their education if students are not
returning to school after leaving the correctional
facility;
(13) provides assurances that the agency will work
with parents to secure parents' assistance in improving
the educational achievement of their children and
preventing their children's further involvement in
delinquent activities;
(14) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that
the agency will notify the youth's local school if the
youth--
(A) is identified as in need of special
education services while the youth is in the
facility; and
(B) intends to return to the local school;
(15) provides assurances that the agency will work
with youth who dropped out of school before entering
the facility to encourage the youth to reenter school
once the term of the youth has been completed or
provide the youth with the skills necessary to gain
employment, continue the education of the youth, or
achieve a secondary school diploma or its recognized
equivalent if the youth does not intend to return to
school;
(16) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special needs
taking into consideration the unique needs of such
students;
(17) describes any additional services provided to
children and youth, such as career counseling, and
assistance in securing student loans and grants; and
(18) provides assurances that the program under this
chapter will be coordinated with any programs operated
under the Juvenile Justice and Delinquency Prevention
Act of 1974 or other comparable programs, if
applicable.
SEC. 1415. USE OF FUNDS.
(a) Uses.--
(1) In general.--A State agency shall use funds
received under this chapter only for programs and
projects that--
(A) are consistent with the State plan under
section 1414(a); and
(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, further education, or employment.
(2) Programs and projects.--Such programs and
projects--
(A) may include the acquisition of equipment;
(B) shall be designed to support educational
services that--
(i) except for institution-wide
projects under section 1416, are
provided to children and youth
identified by the State agency as
failing, or most at risk of failing, to
meet the State's challenging State
content standards and challenging State
student performance standards;
(ii) supplement and improve the
quality of the educational services
provided to such children and youth by
the State agency; and
(iii) afford such children and youth
an opportunity to learn to such
challenging State standards;
(C) shall be carried out in a manner
consistent with section 1120A and part H of
title I; and
(D) may include the costs of evaluation
activities.
(b) Supplement, Not Supplant.--A program under this chapter
that supplements the number of hoursof instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant requirement of section
1120A without regard to the subject areas in which instruction
is given during those hours.
SEC. 1416. INSTITUTION-WIDE PROJECTS.
A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community-day program for such
children may use funds received under this part to serve all
children in, and upgrade the entire educational effort of, that
institution or program if the State agency has developed, and
the State educational agency has approved, a comprehensive plan
for that institution or program that--
(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or
program serving juveniles;
(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a two-year period;
(3) describes the steps the State agency has taken,
or will take, to provide all youth under age 21 with
the opportunity to meet challenging State content
standards and challenging State student performance
standards in order to improve the likelihood that the
youths will complete secondary school, attain a
secondary diploma or its recognized equivalent, or find
employment after leaving the institution;
(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for students;
(5) specifically describes how such funds will be
used;
(6) describes the measures and procedures that will
be used to assess student progress;
(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs for
neglected or delinquent children and personnel from the
State educational agency; and
(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
If a State agency operates a program or project under this
chapter in which individual children are likely to participate
for more than 1 year, the State educational agency may approve
the State agency's application for a subgrant under this
chapter for a period of not more than 3 years.
SEC. 1418. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount such agency receives
under this chapter for any fiscal year to support projects that
facilitate the transition of children and youth from State-
operated institutions to local educational agencies.
(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
nonprofit organizations.
(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include pupil services and mentoring, to
neglected and delinquent children and youth in schools other
than State-operated institutions.
(d) Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
CHAPTER 2--LOCAL AGENCY PROGRAMS
SEC. 1421. PURPOSE.
The purpose of this chapter is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities to--
(1) carry out high quality education programs to
prepare youth for secondary school completion,
training, and employment, or further education;
(2) provide activities to facilitate the transition
of such youth from the correctional program to further
education or employment; and
(3) operate dropout prevention programs in local
schools for youth at risk of dropping out of school and
youth returning from correctional facilities.
SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Local Subgrants.--With funds made available under
section 1412(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of youth residing in locally operated (including
county operated) correctional facilities for youth (including
facilities involved in community day programs).
(b) Special Rule.--A local educational agency which
includes a correctional facility that operates a school is not
required to operate a dropout prevention program if more than
30 percent of the youth attending such facility will reside
outside the boundaries of the local educational agency upon
leaving such facility.
(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this chapter.
SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Eligible local educational agencies desiring assistance
under this chapter shall submit an application to the State
educational agency, containing such information as the State
educational agency may require. Each such application shall
include--
(1) a description of the program to be assisted;
(2) a description of formal agreements between--
(A) the local educational agency; and
(B) correctional facilities and alternative
school programs serving youth involved with the
juvenile justice system to operate programs for
delinquent youth;
(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent youth to ensure that such youth
are participating in an education program comparable to
one operating in the local school such youth would
attend;
(4) as appropriate, a description of the dropout
prevention program operated by participating schools
and the types of services such schools will provide to
at-risk youth in participating schools and youth
returning from correctional facilities;
(5) as appropriate, a description of the youth
expected to be served by the dropout prevention program
and how the school will coordinate existing educational
programs to meet unique education needs;
(6) as appropriate, a description of how schools will
coordinate with existing social and health services to
meet the needs of students at risk of dropping out of
school and other participating students, including
prenatal health care and nutrition services related to
the health of the parent and child, parenting and child
development classes, child care, targeted re-entry and
outreach programs, referrals to community resources,
and scheduling flexibility;
(7) as appropriate, a description of any partnerships
with local businesses to develop training and mentoring
services for participating students;
(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievement of their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
(9) a description of how the program under this
chapter will be coordinated with other Federal, State,
and local programs, such as programs under title I of
the Workforce Investment Act of 1998 and vocational
education programs serving at-risk youth;
(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of youth returning from correctional
facilities;
(12) a description of efforts participating schools
will make to ensure correctional facilities working
with youth are aware of a child's existing
individualized education program; and
(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for youth interested in continuing their
education but unable to participate in a regular public
school program.
SEC. 1424. USES OF FUNDS.
Funds provided to local educational agencies under this
chapter may be used, where appropriate, for--
(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting
teens, youth who have come in contact with the juvenile
justice system, youth at least one year behind their
expected grade level, migrant youth, immigrant youth,
students with limited-English proficiency and gang
members;
(2) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care and drug
and alcohol counseling, will improve the likelihood
such individuals will complete their education; and
(3) programs to meet the unique education needs of
youth at risk of dropping out of school, which may
include vocational education, special education, career
counseling, and assistance in securing student loans or
grants.
SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
Each correctional facility having an agreement with a local
educational agency under section 1423(2) to provide services to
youth under this chapter shall--
(1) where feasible, ensure educational programs in
juvenile facilities are coordinated with the student's
home school, particularly with respect to special
education students with an individualized education
program;
(2) notify the local school of a youth if the youth
is identified as in need of special education services
while in the facility;
(3) where feasible, provide transition assistance to
help the youth stay in school, including coordination
of services for the family, counseling, assistance in
accessing drug and alcohol abuse prevention programs,
tutoring, and family counseling;
(4) provide support programs which encourage youth
who have dropped out of school to reenter school once
their term has been completed or provide such youth
with the skills necessary for such youth to gain
employment or seek a secondary school diploma or its
recognized equivalent;
(5) work to ensure such facilities are staffed with
teachers and other qualified staff who are trained to
work with children with disabilities and other students
with special needs taking into consideration the unique
needs of such children and students;
(6) ensure educational programs in correctional
facilities are related to assisting students to meet
high educational standards;
(7) use, to the extent possible, technology to assist
in coordinating educational programs between the
juvenile facility and the community school;
(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
(9) coordinate funds received under this program with
other local, State, and Federal funds available to
provide services to participating youth, such as funds
made available under title I of the Workforce
Investment Act of 1998, and vocational education funds;
(10) coordinate programs operated under this chapter
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable; and
(11) if appropriate, work with local businesses to
develop training and mentoring programs for
participating youth.
SEC. 1426. ACCOUNTABILITY.
The State educational agency may--
(1) reduce or terminate funding for projects under
this chapter if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
(2) require juvenile facilities to demonstrate, after
receiving assistance under this chapter for 3 years,
that there has been an increase in the number of youth
returning to school, obtaining a secondary school
diploma or its recognized equivalent, or obtaining
employment after such youth are released.
CHAPTER 3--GENERAL PROVISIONS
SEC. 1431. PROGRAM EVALUATIONS.
(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under chapter 1 or 2
shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity, and
age, not less than once every 3 years to determine the
program's impact on the ability of participants to--
(1) maintain and improve educational achievement;
(2) accrue school credits that meet State
requirements for grade promotion and secondary school
graduation;
(3) make the transition to a regular program or other
education program operated by a local educational
agency; and
(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after
leaving the institution.
(b) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency orlocal educational agency
shall use multiple and appropriate measures of student
progress.
(c) Evaluation Results.--Each State agency and local
educational agency shall--
(1) submit evaluation results to the State
educational agency; and
(2) use the results of evaluations under this section
to plan and improve subsequent programs for
participating children and youth.
SEC. 1432. DEFINITIONS.
In this subpart:
(1) Adult correctional institution.--The term ``adult
correctional institution'' means a facility in which
persons are confined as a result of a conviction for a
criminal offense, including persons under 21 years of
age.
(2) At-risk youth.--The term ``at-risk youth'' means
school aged youth who are at risk of academic failure,
have drug or alcohol problems, are pregnant or are
parents, have come into contact with the juvenile
justice system in the past, are at least one year
behind the expected grade level for the age of the
youth, have limited-English proficiency, are gang
members, have dropped out of school in the past, or
have high absenteeism rates at school.
(3) Community day program.--The term ``community day
program'' means a regular program of instruction
provided by a State agency at a community day school
operated specifically for neglected or delinquent
children and youth.
(4) Institution for neglected or delinquent children
and youth.--The term ``institution for neglected or
delinquent children and youth'' means--
(A) a public or private residential facility,
other than a foster home, that is operated for
the care of children who have been committed to
the institution or voluntarily placed in the
institution under applicable State law, due to
abandonment, neglect, or death of their parents
or guardians; or
(B) a public or private residential facility
for the care of children who have been
adjudicated to be delinquent or in need of
supervision.
PART F--21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 1601. SHORT TITLE.
This part may be cited as the ``21st Century Community
Learning Centers Act''.
SEC. 1602. PURPOSE.
It is the purpose of this part to provide opportunities for
public schools, primarily in rural and inner-city communities,
to collaborate with other public and nonprofit entities
(including businesses and postsecondary institutions) to--
(1) offer a broad selection of services that address
the needs of the communities served by such schools;
and
(2) offer extended learning opportunities for
children, youth, and adults in the communities.
SEC. 1603. PROGRAM AUTHORIZATION.
(a) Grants by the Secretary.--The Secretary is authorized,
in accordance with the provisions of this part, to award grants
to local educational agencies, and units of general purpose
local government, on behalf of rural and inner-city public
elementary schools or secondary schools, or consortia of such
schools, to enable such schools or consortia to plan,
implement, or to expand projects that benefit the educational,
health, social service, cultural, and recreational needs of a
rural or inner-city community.
(b) Equitable Distribution.--In awarding grants under this
part, the Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of the
United States, and among urban and rural areas of a State.
(c) Grant Period.--The Secretary shall award grants under
this part for a period not to exceed 3 years.
(d) Amount.--The Secretary shall not award a grant under
this part in any fiscal year in an amount less than $50,000.
SEC. 1604. ELIGIBILITY OF CERTAIN ORGANIZATIONS AND ENTITIES.
(a) In General.--Notwithstanding any other provision of
law--
(1) the Secretary may award grants under this part to
community-based organizations, and public or private
entities, that have experience in providing before- and
after-school services, on the same basis as local
educational agencies described in section 1603; and
(2) for purposes of this part--
(A) references to local educational agencies
shall be considered to include references to
organizations and entities described in
paragraph (1); and
(B) except as provided in subsection (c),
references to schools shall be considered to
include references to rural and inner-city
public elementary schools or secondary schools
served by organizations and entities described
in paragraph (1).
(b) Priority.--In addition to giving priority to
applications described in section 1605(b), in awarding grants
under this part, the Secretary shall give priority to
applications that--
(1) describe projects that include academic
enrichment components; and
(2) are submitted jointly by--
(A) organizations and entities described in
subsection (a)(1); and
(B) rural and inner-city public elementary
schools or secondary schools (including
consortia of such schools).
(c) Waiver.--The Secretary may waive, for an organization
or entity described in subsection (a)(1), any provision of this
part that requires the organization or entity to carry out a
project through or in a school, if the Secretary determines
that the provision would undermine the effectiveness of the
project or limit the accessibility of the project to children
and families in the community.
SEC. 1605. APPLICATION REQUIRED.
(a) Application.--To be eligible to receive a grant under
this part, a local educational agency or unit of general
purpose local government shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably prescribe. Each
such application shall include--
(1) a comprehensive local plan that enables the
school or consortium served by the local educational
agency or unit of general purpose local government to
serve as a center for the delivery of education and
human resources for members of a community;
(2) an evaluation of the needs, available resources,
and goals and objectives for the proposed project in
order to determine which activities will be undertaken
to address such needs; and
(3) a description of the proposed project,
including--
(A) a description of the mechanism that will
be used to disseminate information in a manner
that is understandable and accessible to the
community;
(B) identification of Federal, State, and
local programs to be merged or coordinated so
that public resources may be maximized;
(C) a description of the collaborative
efforts to be undertaken by community-based
organizations, related public agencies,
businesses, or other appropriate organizations;
(D) a description of how the school or
consortium served by the local educational
agency or unit of general purpose local
government will serve as a delivery center for
existing and new services, especially for
interactive telecommunication used for
education and professional training; and
(E) an assurance that the school or
consortium served by the local educational
agency or unit of general purpose local
government will establish a facility
utilization policy that specifically states--
(i) the rules and regulations
applicable to building and equipment
use; and
(ii) supervision guidelines.
(b) Priority.--The Secretary shall give priority to
applications describing projects that offer a broad selection
of services which address the needs of the community.
(c) Encouraging Joint Submission of Applications.--The
Secretary shall strongly encourage applications for grants
under this part to be submitted jointly by a local educational
agency (or a consortium of local educational agencies) or unit
of general purpose local government, and a community-based
organization, including public or private entities with
demonstrated effectiveness in providing educational and related
services to individuals in the community.
SEC. 1606. USES OF FUNDS.
Grant funds awarded under this part may be used to plan,
implement, or expand community learning centers which include
not less than 4 of the following activities:
(1) Literacy education programs.
(2) Senior citizen programs.
(3) Children's day care services.
(4) Integrated education, health, social service,
recreational, or cultural programs.
(5) Summer and weekend school programs.
(6) Expanded library service hours to serve community
needs.
(7) Telecommunications and technology education
programs for individuals of all ages.
(8) Services for individuals who leave school before
graduating from secondary school, regardless of the age
of such individual.
(9) Services for individuals with disabilities.
(10) Academic enrichment activities.
SEC. 1607. DEFINITIONS.
For the purpose of this part:
(1) Community learning center.--The term ``community
learning center'' means an entity within a public
elementary school or secondary school building that--
(A) provides educational, recreational,
health, and social service programs for
residents of all ages within a local community;
and
(B) is operated by a local educational agency
or unit of general purpose local government, in
conjunction with local governmental agencies,
businesses, vocational education programs,
institutions of higher education, community
colleges, and cultural, recreational, and other
community and human service entities.
(2) Unit of general purpose local government.--The
term ``unit of general purpose local government'' means
any city, town, township, parish, village, or other
general purpose political subdivision of a State.
PART G--COMPREHENSIVE SCHOOL REFORM
SEC. 1701. PURPOSE.
The purpose of this part is to provide financial incentives
for schools to develop comprehensive school reforms based upon
promising and effective practices and scientifically based
research programs that emphasize basic academics and parental
involvement so that all children can meet challenging State
content and student performance standards.
SEC. 1702. PROGRAM AUTHORIZATION.
(a) Program Authorized.--
(1) In general.--The Secretary is authorized to award
grants to State educational agencies, from allotments
under paragraph (2), to enable the State educational
agencies to award subgrants to local educational
agencies to carry out the purpose described in section
1701.
(2) Allotments.--
(A) Reservations.--Of the amount appropriated
under section 1002(h) for a fiscal year, the
Secretary may reserve--
(i) not more than 1 percent to
provide assistance to schools supported
by the Bureau of Indian Affairs and in
the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of
the Northern Mariana Islands according
to their respective needs for
assistance under this part; and
(ii) not more than 1 percent to
conduct national evaluation activities
described in section 1707.
(B) In general.--Of the amount appropriated
under section 1002(h) that remains after making
the reservation under subparagraph (A) for a
fiscal year, the Secretary shall allot to each
State for the fiscal year an amount that bears
the same ratio to the remainder for that fiscal
year as the amount made available under section
1124 to the State for the preceding fiscal year
bears to the total amount made available under
section 1124 to all States for that year.
(C) Reallotment.--If a State does not apply
for funds under this section, the Secretary
shall reallot such funds to other States that
do not apply in proportion to the amount
allotted to such other States under
subparagraph (B).
SEC. 1703. STATE APPLICATIONS.
(a) In General.--Each State educational agency that desires
to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(b) Contents.--Each such application shall describe--
(1) the process and selection criteria by which the
State educational agency, using expert review,will
select local educational agencies to receive subgrants
under this section;
(2) how the State educational agency will ensure that
only comprehensive school reforms that are based on
promising and effective practices and scientifically
based research programs receive funds under this part;
(3) how the State educational agency will disseminate
information on comprehensive school reforms that are
based on promising and effective practices and
scientifically based research programs;
(4) how the State educational agency will evaluate
the implementation of such reforms and measure the
extent to which the reforms have resulted in increased
student academic performance; and
(5) how the State educational agency will make
available technical assistance to a local educational
agency or consortia of local educational agencies in
evaluating, developing, and implementing comprehensive
school reform.
SEC. 1704. STATE USE OF FUNDS.
(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this part
shall use the grant funds to award subgrants, on a competitive
basis, to local educational agencies or consortia of local
educational agencies in the State that receive funds under part
A.
(b) Subgrant Requirements.--A subgrant to a local educational
agency or consortium shall be--
(1) of sufficient size and scope to support the
initial costs for the particular comprehensive school
reform plan selected or designed by each school
identified in the application of the local educational
agency or consortium;
(2) in an amount not less than $50,000 for each
participating school; and
(3) renewable for 2 additional 1-year periods after
the initial 1-year grant is made if the school is
making substantial progress in the implementation of
reforms.
(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
(1) plan to use the funds in schools identified as
being in need of improvement or corrective action under
section 1116(c); and
(2) demonstrate a commitment to assist schools with
budget allocation, professional development, and other
strategies necessary to ensure the comprehensive school
reforms are properly implemented and are sustained in
the future.
(d) Grant Consideration.--In awarding subgrants under this
part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including urban
and rural areas, and to schools serving elementary school and
secondary students.
(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and
technical assistance expenses.
(f) Supplement.--Funds made available under this part shall
be used to supplement, and not supplant, any other Federal,
State, or local funds that would otherwise be available to
carry out the activities assisted under this part.
(g) Reporting.--Each State educational agency that receives a
grant under this part shall provide to the Secretary such
information as the Secretary may require, including the names
of local educational agencies and schools receiving assistance
under this part, the amount of the assistance, and a
description of the comprehensive school reform model selected
and used.
SEC. 1705. LOCAL APPLICATIONS.
(a) In General.--Each local educational agency or consortium
of local educational agencies desiring a subgrant under this
section shall submit an application to the State educational
agency at such time, in such manner, and containing such
information as the State educational agency may reasonably
require.
(b) Contents.--Each such application shall--
(1) identify the schools, that are eligible for
assistance under part A, that plan to implement a
comprehensive school reform program, including the
projected costs of such a program;
(2) describe the promising and effective practices
and scientifically based research programs that such
schools will implement;
(3) describe how the local educational agency or
consortium will provide technical assistance and
support for the effective implementation of the
promising and effective practices and scientifically
based research school reforms selected by such schools;
and
(4) describe how the local educational agency or
consortium will evaluate the implementation of such
reforms and measure the results achieved in improving
student academic performance.
SEC. 1706. LOCAL USE OF FUNDS.
(a) Uses of Funds.--A local educational agency or consortium
that receives a subgrant under this section shall provide the
subgrant funds to schools, that are eligible for assistance
under part A and served by the agency, to enable the schools to
implement a comprehensive school reform program for--
(1) employing innovative strategies for student
learning, teaching, and school management that are
based on promising and effective practices and
scientifically based research programs and have been
replicated successfully in schools with diverse
characteristics;
(2) integrating a comprehensive design for effective
school functioning, including instruction, assessment,
classroom management, professional development,
parental involvement, and school management, that
aligns the school's curriculum, technology, and
professional development into a comprehensive reform
plan for schoolwide change designed to enable all
students to meet challenging State content and student
performance standards and addresses needs identified
through a school needs assessment;
(3) providing high quality and continuous teacher and
staff professional development;
(4) the inclusion of measurable goals for student
performance;
(5) support for teachers, principals, administrators,
and other school personnel staff;
(6) meaningful community and parental involvement
initiatives that will strengthen school improvement
activities;
(7) using high quality external technical support and
assistance from an entity that has experience and
expertise in schoolwide reform and improvement, which
may include an institution of higher education;
(8) evaluating school reform implementation and
student performance; and
(9) identification of other resources, including
Federal, State, local, and private resources, that
shall be used to coordinate services that will support
and sustain the school reform effort.
(b) Special Rule.--A school that receives funds to develop a
comprehensive school reform program shall not be limited to
using the approaches identified or developed by the Secretary,
but may develop the school's own comprehensive school reform
programs for schoolwide change as described in subsection (a).
SEC. 1707. NATIONAL EVALUATION AND REPORTS.
(a) In General.--The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
(b) Evaluation.--The national evaluation shall--
(1) evaluate the implementation and results achieved
by schools after 3 years of implementing comprehensive
school reforms; and
(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
(c) Reports.--Prior to the completion of the national
evaluation, the Secretary shall submit an interim report
describing implementation activities for the Comprehensive
School Reform Program, which began in 1998, to the Committee on
Education and the Workforce, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
PART H--SCHOOL DROPOUT PREVENTION
SEC. 1801. SHORT TITLE.
This part may be cited as the ``Dropout Prevention Act''.
SEC. 1802. PURPOSE.
The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement levels
by providing grants, to schools through State educational
agencies, that--
(1) challenge all children to attain their highest
academic potential; and
(2) ensure that all students have substantial and
ongoing opportunities to do so through schoolwide
programs proven effective in school dropout prevention.
Subpart 1--Coordinated National Strategy
SEC. 1811. NATIONAL ACTIVITIES.
(a) In General.--The Secretary is authorized--
(1) to collect systematic data on the participation
in the programs described in paragraph (2)(C) of
individuals disaggregated within each State, local
educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status,
by migrant status, by students with disabilities as
compared to nondisabled students, and by economically
disadvantaged students as compared to students who are
not economically disadvantaged;
(2) to establish and to consult with an interagency
working group that shall--
(A) address inter- and intra-agency program
coordination issues at the Federal level with
respect to school dropout prevention and middle
school and secondary school reentry, and assess
the targeting of existing Federal services to
students who are most at risk of dropping out
of school, and the cost-effectiveness of
various programs and approaches used to address
school dropout prevention;
(B) describe the ways in which State and
local agencies can implement effective school
dropout prevention programs using funds from a
variety of Federal programs, including the
programs under this title and the School-to-
Work Opportunities Act of 1994; and
(C) address all Federal programs with school
dropout prevention or school reentry elements
or objectives, including programs under this
title, the School-to-Work Opportunities Act of
1994, subtitle C of title I of the Workforce
Investment Act of 1998, and other programs; and
(3) carry out a national recognition program in
accordance with subsection (b) that recognizes schools
that have made extraordinary progress in lowering
school dropout rates under which a public middle school
or secondary school from each State will be recognized.
(b) Recognition Program.--
(1) National guidelines.--The Secretary shall develop
uniform national guidelines for the recognition program
that shall be used to recognize schools from
nominations submitted by State educational agencies.
(2) Eligible schools.--The Secretary may recognize
under the recognition program any public middle school
or secondary school (including a charter school) that
has implemented comprehensive reforms regarding the
lowering of school dropout rates for all students at
that school.
(3) Support.--The Secretary may make monetary awards
to schools recognized under the recognition program in
amounts determined by the Secretary. Amounts received
under this section shall be used for dissemination
activities within the school district or nationally.
(c) Capacity Building.--
(1) In general.--The Secretary, through a contract
with a non-Federal entity, may conduct a capacity
building and design initiative in order to increase the
types of proven strategies for dropout prevention and
reentry that address the needs of an entire school
population rather than a subset of students.
(2) Number and duration.--
(A) Number.--The Secretary may award not more
than 5 contracts under this subsection.
(B) Duration.--The Secretary may award a
contract under this subsection for a period of
not more than 5 years.
(d) Support for Existing Reform Networks.--
(1) In general.--The Secretary may provide
appropriate support to eligible entities to enable the
eligible entities to provide training, materials,
development, and staff assistance to schools assisted
under this chapter.
(2) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means an
entity that, prior to the date of enactment of the
Dropout Prevention Act--
(A) provided training, technical assistance,
and materials to 100 or more elementary schools
or secondary schools; and
(B) developed and published a specific
educational program or design for use by the
schools.
Subpart 2--National School Dropout Prevention Initiative
SEC. 1821. PROGRAM AUTHORIZED.
(a) Grants.--
(1) Discretionary grants.--If the sum appropriated
under section 1002(i) for a fiscal year is less than
$250,000,000, then the Secretary shall use such sum to
award grants, on a competitive basis, to State
educational agencies to enable the State educational
agencies to award grants under subsection (b).
(2) Formula.--If the sum appropriated under section
1002(i) for a fiscal year equals or exceeds
$250,000,000, then the Secretary shall use such sum to
make an allotment to each State in an amount that bears
the same relation to the sum as the amount the State
received under part A for the preceding fiscal year
bears to the amount received by all States under such
part for the preceding fiscal year.
(3) Definition of state.--In this subpart, the term
``State'' means each of the several States of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(b) Grants.--From amounts made available to a State under
subsection (a), the State educational agency may award grants
to public middle schools or secondary schools that serve
students in grades 6 through 12, that have school dropout rates
that are the highest of all school dropout rates in the State,
to enable the schools to pay only the startup and
implementation costs of effective, sustainable, coordinated,
and whole school dropout prevention programs that involve
activities such as--
(1) professional development;
(2) obtaining curricular materials;
(3) release time for professional staff;
(4) planning and research;
(5) remedial education;
(6) reduction in pupil-to-teacher ratios;
(7) efforts to meet State student achievement
standards;
(8) counseling and mentoring for at-risk students;
and
(9) comprehensive school reform models.
(c) Amount.--
(1) In general.--Subject to subsection (d) and except
as provided in paragraph (2), a grant under this
subpart shall be awarded--
(A) in the first year that a school receives
a grant payment under this subpart, based on
factors such as--
(i) school size;
(ii) costs of the model or set of
prevention and reentry strategies being
implemented; and
(iii) local cost factors such as
poverty rates;
(B) in the second such year, in an amount
that is not less than 75 percent of the amount
the school received under this subpart in the
first such year;
(C) in the third year, in an amount that is
not less than 50 percent of the amount the
school received under this subpart in the first
such year; and
(D) in each succeeding year in an amount that
is not less than 30 percent of the amount the
school received under this subpart in the first
such year.
(2) Increases.--The Secretary shall increase the
amount awarded to a school under this subpart by 10
percent if the school creates smaller learning
communities within the school and the creation is
certified by the State educational agency.
(d) Duration.--A grant under this subpart shall be awarded
for a period of 3 years, and may be continued for a period of 2
additional years if the State educational agency determines,
based on the annual reports described in section 1827(a), that
significant progress has been made in lowering the school
dropout rate for students participating in the program assisted
under this subpart compared to students at similar schools who
are not participating in the program.
SEC. 1822. STRATEGIES AND CAPACITY BUILDING.
Each school receiving a grant under this subpart shall
implement scientifically based research, sustainable, and
widely replicated strategies for school dropout prevention and
reentry that address the needs of an entire school population
rather than a subset of students. The strategies may include--
(1) specific strategies for targeted purposes, such
as--
(A) effective early intervention programs
designed to identify at-risk students;
(B) effective programs encompassing
traditionally underserved students, including
racial and ethnic minorities and pregnant and
parenting teenagers, designed to prevent such
students from dropping out of school; and
(C) effective programs to identify and
encourage youth who have already dropped out of
school to reenter school and complete their
secondary education; and
(2) approaches such as breaking larger schools down
into smaller learning communities and other
comprehensive reform approaches, creating alternative
school programs, developing clear linkages to career
skills and employment, and addressing specific
gatekeeper hurdles that often limit student retention
and academic success.
SEC. 1823. SELECTION OF SCHOOLS.
(a) School Application.--
(1) In general.--Each school desiring a grant under
this subpart shall submit an application to the State
educational agency at such time, in such manner, and
accompanied by such information as the State
educational agency may require.
(2) Contents.--Each application submitted under
paragraph (1) shall--
(A) contain a certification from the local
educational agency serving the school that--
(i) the school has the highest number
or rates of school dropouts in the age
group served by the local educational
agency;
(ii) the local educational agency is
committed to providing ongoing
operational support, for the school's
comprehensive reform plan to address
the problem of school dropouts, for a
period of 5 years; and
(iii) the local educational agency
will support the plan, including--
(I) release time for teacher
training;
(II) efforts to coordinate
activities for feeder schools;
and
(III) encouraging other
schools served by the local
educational agency to
participate in the plan;
(B) demonstrate that the faculty and
administration of the school have agreed to
applyfor assistance under this subpart, and
provide evidence of the school's willingness
and ability to use the funds under this
subpart, including providing an assurance of
the support of 80 percent or more of the
professional staff at the school;
(C) describe the instructional strategies to
be implemented, how the strategies will serve
all students, and the effectiveness of the
strategies;
(D) describe a budget and timeline for
implementing the strategies;
(E) contain evidence of coordination with
existing resources;
(F) provide an assurance that funds provided
under this subpart will supplement and not
supplant other Federal, State, and local funds
available for dropout prevention programs;
(G) describe how the activities to be
assisted conform with scientifically based
research knowledge about school dropout
prevention and reentry; and
(H) demonstrate that the school and local
educational agency have agreed to conduct a
schoolwide program under section 1114.
(b) State Agency Review and Award.--The State educational
agency shall review applications and award grants to schools
under subsection (a) according to a review by a panel of
experts on school dropout prevention.
(c) Eligibility.--A school is eligible to receive a grant
under this subpart if the school is--
(1) a public school (including a public alternative
school)--
(A) that is eligible to receive assistance
under part A, including a comprehensive
secondary school, a vocational or technical
secondary school, or a charter school; and
(B)(i) that serves students 50 percent or
more of whom are low-income individuals; or
(ii) with respect to which the feeder schools
that provide the majority of the incoming
students to the school serve students 50
percent or more of whom are low-income
individuals; or
(2) participating in a schoolwide program under
section 1114 during the grant period.
(d) Community-Based Organizations.--A school that receives
a grant under this subpart may use the grant funds to secure
necessary services from a community-based organization,
including private sector entities, if--
(1) the school approves the use;
(2) the funds are used to provide school dropout
prevention and reentry activities related to schoolwide
efforts; and
(3) the community-based organization has demonstrated
the organization's ability to provide effective
services as described in section 122 of the Workforce
Investment Act of 1998.
(e) Coordination.--Each school that receives a grant under
this subpart shall coordinate the activities assisted under
this subpart with other Federal programs, such as programs
assisted under chapter 1 of subpart 2 of part A of title IV of
the Higher Education Act of 1965.
SEC. 1824. DISSEMINATION ACTIVITIES.
Each school that receives a grant under this part shall
provide information and technical assistance to other schools
within the school district, including presentations, document-
sharing, and joint staff development.
SEC. 1825. PROGRESS INCENTIVES.
Notwithstanding any other provision of law, each local
educational agency that receives funds under this title shall
use such funds to provide assistance to schools served by the
agency that have not made progress toward lowering school
dropout rates after receiving assistance under this subpart for
2 fiscal years.
SEC. 1826. SCHOOL DROPOUT RATE CALCULATION.
For purposes of calculating a school dropout rate under
this subpart, a school shall use--
(1) the annual event school dropout rate for students
leaving a school in a single year determined in
accordance with the National Center for Education
Statistics' Common Core of Data, if available; or
(2) in other cases, a standard method for calculating
the school dropout rate as determined by the State
educational agency.
SEC. 1827. REPORTING AND ACCOUNTABILITY.
(a) Reporting.--To receive funds under this subpart for a
fiscal year after the first fiscal year that a school receives
funds under this subpart, the school shall provide, on an
annual basis, to the Secretary and the State educational agency
a report regarding the status of the implementation of
activities funded under this subpart, the outcome data for
students at schools assisted underthis subpart disaggregated in
the same manner as information under section 1811(a) (such as
dropout rates), and a certification of progress from the
eligible entity whose strategies the school is implementing.
(b) Accountability.--On the basis of the reports submitted
under subsection (a), the Secretary shall evaluate the effect
of the activities assisted under this subpart on school dropout
prevention compared to a control group.
SEC. 1828. STATE RESPONSIBILITIES.
(a) Uniform Data Collection.--Within 1 year after the date of
enactment of the Dropout Prevention Act, a State educational
agency that receives funds under this subpart shall report to
the Secretary and statewide, all school district and school
data regarding school dropout rates in the State disaggregated
in the same manner as information under section 1811(a),
according to procedures that conform with the National Center
for Education Statistics' Common Core of Data.
(b) Attendance-Neutral Funding Policies.--Within 2 years
after the date of enactment of the Dropout Prevention Act, a
State educational agency that receives funds under this subpart
shall develop and implement education funding formula policies
for public schools that provide appropriate incentives to
retain students in school throughout the school year, such as--
(1) a student count methodology that does not
determine annual budgets based on attendance on a
single day early in the academic year; and
(2) specific incentives for retaining enrolled
students throughout each year.
(c) Suspension and Expulsion Policies.--Within 2 years after
the date of enactment of the Dropout Prevention Act, a State
educational agency that receives funds under this subpart shall
develop uniform, long-term suspension and expulsion policies
(that in the case of a child with a disability are consistent
with the suspension and expulsion policies under the
Individuals with Disabilities Education Act) for serious
infractions resulting in more than 10 days of exclusion from
school per academic year so that similar violations result in
similar penalties.
(d) Regulations.--The Secretary shall promulgate regulations
implementing subsections (a) through (c).
Subpart 3--Definitions; Authorization of Appropriations
SEC. 1831. DEFINITIONS.
In this part:
(1) Low-income.--The term ``low-income'', used with
respect to an individual, means an individual
determined to be low-income in accordance with measures
described in section 1113(a)(5).
(2) School dropout.--The term ``school dropout''
means a youth who is no longer attending any school and
who has not received a secondary school diploma or a
certificate from a program of equivalency for such a
diploma.
* * * * * * *
PART [F] T--GENERAL PROVISIONS
SEC. [1601.] 1901. [20 U.S.C. 6511] FEDERAL REGULATIONS.
(a) In General.--The Secretary is authorized to issue such
regulations as are necessary to reasonably ensure that there is
compliance with this title.
(b) Negotiated Rulemaking Process.--
(1) In general.--Prior to publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers, and
members of local boards of education involved with the
implementation and operation of programs under this
title.
(2) Meetings and electronic exchange.--Such advice
and recommendation may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information.
(3) Proposed regulations.--After obtaining such
advice and recommendations, and prior to publishing
proposed regulations, the Secretary shall--
(A) establish a negotiated rulemaking process
on a minimum of two key issues, including--
(i) schoolwide programs; and
(ii) standards and assessment;
(B) select individuals to participate in such
process from among individuals or groups which
provided advice and recommendations, including
representation from all geographic regions of
the United States; and
(C) prepare a draft of proposed policy
options that shall be provided to the
individuals selected by the Secretary under
subparagraph (A) not less than 15 days prior to
the first meeting under such process.
(4) Process.--Such process--
(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the
Secretary not later than July 1, 1995; and
(B) shall not be subject to the Federal
Advisory Committee Act but shall otherwise
follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
(5) Emergency situation.--In an emergency situation
in which regulations to carry out this title must be
issued with a very limited time to assist State and
local educational agencies with the operation of a
program under this title, the Secretary may issue
proposed regulations without following such process but
shall, immediately thereafter and prior to issuing
final regulations, conduct regional meetings to review
such proposed regulations.
(c) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
SEC. [1602.] 1902. [20 U.S.C. 6512] COORDINATION OF FEDERAL, STATE, AND
LOCAL ADMINISTRATION.
(a) Program Assistance Manual.--The Secretary shall, not
later than six months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
(1) assist such agencies in--
(A) enhancing the quality, increasing the
depth, or broadening the scope of activities
for programs under this title;
(B) applying for program funds under this
title; and
(C) meeting the program objectives under this
title;
(2) assist State educational agencies in achieving
proper and efficient administration of programs funded
under this title;
(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; and
(4) ensure that officers and employees of the
Department, including officers and employees of the
Secretary and officers and employees of the Department
charged with auditing programs carried on under this
tile, uniformity interpret, apply, and enforce
requirements under this title throughout the United
States.
(b) Contents of Policy Manual--The policy manual shall,
with respect to programs carried out under this title, contain
descriptions, statements, procedural and substantive rules,
opinions, policy statements and interpretations and indices to
and amendments of the foregoing, and in particular, whether or
not such descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices are required under section 552 of title 5, United
States Code, to be published or made available. The manual
shall include--
(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, the General
Education Provisions Act, other applicable statutes,
and regulations issued under the authority of such
statutes;
(2) an explanation of the purpose of each requirement
and its interrelationship with other applicable
requirements; and
(3) model forms and instructions developed by the
Secretary for use by State and local educational
agencies, at the discretion of such agencies,
including, application forms, application review
checklists, and instruments for monitoring programs
under this title.
(c) Response to Inquiries.--The Secretary shall respond
with written guidance not later than 90 days after any written
request (return receipt requested) from a State or local
educational agency regarding a policy, question, or
interpretation under this title is received. In the case of a
request from a local educational agency,such agency is required
to address its request to the State educational agency first.
SEC. [1603.] 1903. [20 U.S.C. 6513] STATE ADMINISTRATION.
(a) Rulemaking.--
(1) In general.--Each State that receives funds under
this title shall--
(A) ensure that any State rules, regulations,
and policies relating to this title conform to
the purposes of this title and provide any such
proposed rules, regulations, and policies to
the committee of practitioners under subsection
(b) for their review and comment;
(B) minimize such rules, regulations, and
policies to which their local educational
agencies and schools are subject; and
(C) identify any such rule, regulation, or
policy as a State-imposed requirement.
(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State designed to
enable all children to meet the challenging State
contend standards and challenging State student
performance standards.
(b) Committee of Practitioners.--
(1) In general.--Each State educational agency shall
create a State committee of practitioners to advise the
State in carrying out its responsibilities under this
title.
(2) Membership.--Each such committee shall include--
(A) as a majority of its members,
representatives from local educational
agencies;
(B) administrators;
(C) teachers, including vocational educators;
(D) parents;
(E) members of local boards of education;
(F) representatives of private school
children; and
(G) pupil services personnel.
(3) Duties.--The duties of such committee shall
include a review, prior to publication, of an proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practioners to review the
emergency regulation prior to issuance in final form.
(c) Payment for State Administration.--Each State may
reserve for the proper and efficient performance of its duties
under this title the greater of--
(1) 1.00 percent of the funds received under
subsections (a), (c), and (d) of section 1002; or
(2) $400,000, or $50,000 in the case of the outlying
areas.
SEC. [1604.] 1904. [20 U.S.C. 6514] CONSTRUCTION.
(a) Prohibition of Federal Mandates, Direction, or
Control.--Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content or pupil performance
standards and assessments, curriculum, or program of
instruction as a condition of eligibility to receive funds
under this title.
(b) Equalized Spending.--Nothing in this title shall be
construed to mandate equalized spending per pupil for a State,
local educational agency, or school.
(c) Building Standards.--Nothing in this title shall be
construed to mandate national school building standards for a
State, local educational agency, or school.
[TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
[SEC. 2001. FINDINGS.
[The Congress finds as follows:
[(1) Reaching the National Education Goals,
particularly the third, fourth, and fifth National
Education Goals, requires a comprehensive educational
reform strategy that involves parents, schools,
government, communities, and other public and private
organizations at all levels.
[(2) A crucial component of the strategy for
achieving such goals is ensuring, through sustained and
intensive high-quality professional development, that
all teachers will provide challenging learning
experiences in the core academic subjects for their
students.
[(3) Decisionmaking as to what activities a State or
local educational agency should undertake to improve
teaching and learning are best made by individuals in
the schools closest to the classroom and most
knowledgeable about the needs of schools and students.
[(4) The potential positive impact of high-quality
professional development is underscored by recent
research findings that--
[(A) professional development must be focused
on teaching and learning in order to improve
the opportunities of all students to achieve
higher standards;
[(B) effective professional development
focuses on discipline-based knowledge and
effective subject-specific pedagogical skills,
involves teams of teachers, and, where
appropriate, administrators and pupil services
personnel, in a school and, through
professional networks of teachers, and, where
appropriate, teacher educators, administrators,
pupil services personnel, and parents, is
interactive and collaborative, motivates by its
intrinsic content and relationship to practice,
builds on experience and learning-by-doing, and
becomes incorporated into the everyday life of
the school;
[(C) professional development can
dramatically improve classroom instruction and
learning when teachers, and, where appropriate,
administrators, pupil services personnel, and
parents, are partners in the development and
implementation of such professional
development; and
[(D) new and innovative strategies for
teaching to high standards will require time
for teachers, outside of the time spent
teaching, for instruction, practice, and
collegial collaboration.
[(5) Special attention must be given in professional
development activities to ensure that education
professionals are knowledgeable of, and make use of,
strategies for serving populations that historically
have lacked access to equal opportunities for advanced
learning and career advancement.
[(6) Professional development is often a victim of
budget reductions in fiscally difficult times.
[(7) The Federal Government has a vital role in
helping States and local educational agencies to make
sustained and intensive high-quality professional
development in the core academic subjects become an
integral part of the elementary and secondary education
system.
[(8) Professional development activities must prepare
teachers, pupil services personnel, paraprofessionals
and other staff in the collaborative skills needed to
appropriately teach children with disabilities, in the
core academic subjects.
[(9) Parental involvement is an important aspect of
school reform and improvement. There is a need for
special attention to ensure the effective involvement
of parents in the education of their children.
Professional development should include methods and
strategies to better prepare teachers and, where
appropriate, administrators, to enable parents to
participate fully and effectively in their children's
education.
[SEC. 2002. PURPOSES.
[The purposes of this title are to provide assistance to
State and local educational agencies and to institutions of
higher education with teacher education programs so that such
agencies and institutions can determine how best to improve the
teaching and learning of all students by--
[(1) helping to ensure that teachers, and, where
appropriate, other staff and administrators, have
access to sustained and intensive high-quality
professional development that is aligned to challenging
State content standards and challenging State student
performance standards, and to support the development
and implementation of sustained and intensive high-
quality professional development activities in the core
academic subjects; and
[(2) helping to ensure that teachers, and, where
appropriate, administrators, other staff, pupil
services personnel, and parents, have access to
professional development that--
[(A) is tied to challenging State content
standards and challenging State student
performance standards;
[(B) reflects recent research on teaching and
learning;
[(C) includes strong academic content and
pedagogical components;
[(D) incorporates effective strategies,
techniques, methods, and practices for meeting
the educational needs of diverse student
populations, including females, minorities,
individuals with disabilities, limited-English-
proficient individuals, and economically
disadvantaged individuals, in order to ensure
that all students have the opportunity to
achieve challenging State student performance
standards;
[(E) is of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom; and
[(F) is part of the everyday life of the
school and creates an orientation toward
continuous improvement throughout the school.
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION BETWEEN PARTS.
[(a) Authorization of Appropriations.--For the purpose of
carrying out this title (other than part C), there are
authorized to be appropriated $800,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
[(b) Allocation Between Parts.--Of the amounts appropriated
to carry out this title for any fiscal year, the Secretary
shall make available--
[(1) 5 percent of such amounts to carry out subpart
1, of which 5 percent of such 5 percent shall be
available to carry out section 2103;
[(2) 94 percent of such amounts to carry out part B;
and
[(3) 1 percent of such amounts to carry out part D
except that such 1 percent shall not exceed $3,200,000
in any fiscal year.
[PART A--FEDERAL ACTIVITIES
[SEC. 2101. PROGRAM AUTHORIZED.
[(a) In General.--The Secretary is authorized to make
grants to, and enter into contracts and cooperative agreements
with, local educational agencies, educational service agencies,
State educational agencies, State agencies for higher
education, institutions of higher education, and other public
and private agencies, organizations, and institutions to--
[(1) support activities of national significance that
the Secretary determines will contribute to the
development and implementation of high-quality
professional development activities in the core
academic subjects; and
[(2) evaluate activities carried out under this part
and parts B and C, in accordance with section 14701.
[(b) Requirements.--In carrying out the activities
described in subsection (a), the Secretary shall coordinate
professional development programs within the Department,
particularly with those programs within the Office of
Educational Research and Improvement and the Office of Special
Education and Rehabilitative Services, and shall consult and
coordinate with the National Science Foundation, the National
Endowment for the Humanities, the National Endowment for the
Arts, the Institute of Museum and Library Services, and other
appropriate Federal agencies and entities.
[SEC. 2102. AUTHORIZED ACTIVITIES.
[(a) Activities.--The Secretary shall use funds available
to carry out this part for--
[(1) providing seed money to the entities described
in section 2101(a) to develop and capacity of such
entities to offer sustained and intensive high-quality
professional development;
[(2) awarding a grant or contract, in consultation
with the Director of the National Science Foundation,
to establish an Eisenhower National Clearinghouse for
Mathematics and Science Education (hereafter in this
section referred to as the ``Clearinghouse''); and
[(3) evaluating programs assisted under this part and
parts B and C, in accordance with section 14701.
[(b) Clearinghouse.--
[(1) Application and award basis.--Each entity
desiring to establish and operate the Clearinghouse
authorized by subsection (a)(2) shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require. The grant or contract
awarded pursuant to subsection (a)(2) shall be made on
a competitive, merit basis.
[(2) Duration.--The grant or contract awarded under
subsection (a)(2) shall be awarded for a period of five
years and shall be reviewed by the Secretary not later
than 30 months from the date the grant or contract is
awarded.
[(3) Use of funds.--The grant or contract awarded
under subsection (a)(2) shall be used to--
[(A) maintain a permanent repository of
mathematics and science education instructional
materials and programs for elementary and
secondary schools, including middle schools
(including, to the extent practicable, all
materials and programs developed with Federal
and non-Federal funds, such as instructional
materials developed by the Department,
materials developed by State and national
mathematics and science programs assisted under
this part, and other instructional materials)
for use by the regional consortia established
under part C of title XIII and by the general
public;
[(B) compile information on all mathematics
and science education programs administered by
each Federal agency or department;
[(C) disseminate information, programs, and
instructional materials to the public,
dissemination networks, and the regional
consortia established under part C of title
XIII;
[(D) coordinate with identifiable and
existing data bases containing mathematics and
science curriculum and instructional materials,
including Federal, non-Federal, and, where
feasible, international, data bases;
[(E) participate in collaborative meetings of
representatives of the Clearinghouse and the
regional consortia established under part C of
title XIII to discuss issues of common interest
and concern, to foster effective collaboration
and cooperation in acquiring and distributing
curriculum materials and programs, and to
coordinate computer network access to the
Clearinghouse and the resources of the regional
consortia, except that not more than 3 percent
of the funds awarded under subsection (a)(2)
shall be used to carry out this subparagraph;
and
[(F) gather qualitative and evaluative data
on submissions to the Clearinghouse.
[(4) Submission to clearinghouse.--Each Federal
agency or department which develops mathematics or
science education instructional material or programs,
including the National Science Foundation and the
Department, shall submit to the Clearinghouse copies of
such material or programs.
[(5) Peer review.--The Secretary shall establish a
peer review process to select the recipient of the
award under subsection (a)(2).
[(6) Steering committee.--The Secretary may appoint a
steering committee to recommend policies and activities
for the Clearinghouse.
[(7) Application of copyright laws.--Nothing in this
subsection shall be construed to allow the use or
copying, in any media, of any material collected by the
Clearinghouse that is protected under the copyright
laws of the United States unless the permission of the
owner of the copyright is obtained. The Clearinghouse,
in carrying out the provisions of this subsection,
shall ensure compliance with title 17, United States
Code.
[(8) Dissemination of information.--The Secretary
shall disseminate information concerning the grant or
contract awarded under this section to State and local
educational agencies and institutions of higher
education. Such dissemination of information shall
include examples of exemplary national programs in
mathematics and science instruction and necessary
technical assistance for the establishment of similar
programs.
[(c) Uses of Funds.--The Secretary may use funds available
to carry out this part for--
[(1) the development and maintenance of national
clearinghouses for core academic subjects as the
Secretary determines are needed and which shall be
administered as adjunct clearinghouses of the
Educational Resources Information Center Clearinghouses
system of clearinghouses supported by the Office of
Educational Research and Improvement;
[(2) professional development institutes that provide
teachers or teams of teachers, and, where appropriate,
administrators, pupil services personnel and other
staff, from individual schools, with professional
development that contains strong and integrated
disciplinary and pedagogical components;
[(3) encouraging the development of local and
national professional networks, such as the Teacher
Research Dissemination Demonstration Program under
section 941(j) of the Educational Research,
Development, Dissemination, and Improvement Act of
1994, that provide a forum for interaction among
teachers of the core academic subjects and that allow
the exchange of information on advances in content and
pedagogy;
[(4) efforts to train teachers in the innovative uses
and applications of technology to enhance student
learning;
[(5) the development and dissemination of model
teaching standards in the core academic subjects;
[(6) disseminating standards in the core academic
subjects, including information on voluntary national
content standards and voluntary national student
performance standards and related models of high-
quality professional development;
[(7) the dissemination of information about voluntary
national content standards, State content standards,
voluntary national student performance standards and
State student performance standards, and related models
of high-quality professional development;
[(8) efforts to train teachers in innovative
instructional methodologies designed to meet the
diverse learning needs of individual students,
including methodologies which integrate academic and
vocational learning and applied learning, interactive,
interdisciplinary team teaching, and other alternative
teaching strategies, such as service learning,
experiential learning, career-related education, and
environmental education, that integrate real world
applications into the core academic subjects;
[(9) disseminating models of high-quality
professional development activities that train
educators in strategies, techniques, methods, and
practices for meeting the educational needs of
historically underserved populations, including
females, minorities, individuals with disabilities,
limited-English-proficient individuals, and
economically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging State student performance
standards;
[(10) promoting the transferability of licensure and
certification of teachers and administrators among
State and local jurisdictions;
[(11) supporting the National Board for Professional
Teaching Standards;
[(12) developing activities to prepare teachers, and,
where appropriate, paraprofessionals, pupil services
personnel, and other staff in the collaborative skills
needed to appropriately teach children with
disabilities in the core academic subjects;
[(13) encouraging the development of innovative
models for recruitment, induction, retention, and
assessment of new, highly qualified teachers,
especially such teachers from historically
underrepresented groups; and
[(14) joint activities with other Federal agencies
and entities engaged in or supporting similar
professional development efforts.
[SEC. 2103. NATIONAL TEACHER TRAINING PROJECT.
[(a) Short Title; Findings; Definitions.--
[(1) Short title.--This section may be cited as the
``National Teacher Training Project Act of 1994''.
[(2) Findings.--The Congress finds that--
[(A) teachers must be major players in
educational reform in the United States;
[(B) teachers are isolated from their peers
and have virtually no time during the school
day to consult with other teachers;
[(C) there is a shortage of sustained, year-
round professional development programs for
teachers;
[(D) successful teaching methods are not
adequately shared among teachers;
[(E) teachers are the best teachers of other
teachers because practicing classroom teachers
have experience that no outside consultant can
match;
[(F) it is important for universities and
schools to collaborate on teacher development
programs if teaching and learning are to be
improved;
[(G) pertinent research is not shared among
teachers in a professional setting;
[(H) exemplary teachers should be recognized
for their abilities and contributions and
encouraged to refine their teaching methods;
[(I) each State should support a nationally
based teacher training program, that is modeled
after the National Writing Project, for
teachers of early childhood education, and for
teachers of core academic subjects including
teachers of mathematics, science, English,
civics and government, foreign languages, and
arts;
[(J) the National Writing Project is a
nationally recognized and honored nonprofit
organization that recognizes there are teachers
in every region of the United States who have
developed successful methods for teaching
writing and that such teachers can be trained
and encouraged to train other teachers;
[(K) the National Writing Project is a
collaborative university-school program which
offers summer and school year inservice teacher
training programs and a dissemination network
to inform and teach teachers regarding
developments in the field of writing;
[(L) each year, over 125,000 teachers
voluntarily seek training in National Writing
Project intensive summer institutes and
workshops and school year inservice programs
through one of the 155 sites located within the
United States and in 18 sites located outside
of the United States;
[(M) in the 20 years of its existence, over
1,100,000 teachers, administrators, and parents
have participated in National Writing Project
programs;
[(N) less than $16 per teacher was the
average cost in Federal dollars for all teacher
training at writing projects in academic year
1991-1992;
[(O) for every dollar in Federal support, the
National Writing Project provides over $5 in
matching funds from States, local universities
and schools, and the private sector;
[(P) private foundation resources, although
generous in the past concerning National
Writing Project programs, are inadequate to
fund all of the National Teacher Training
Project sites needed, and the future of the
program is in jeopardy without secure financial
support;
[(Q) the National Writing Project has become
a model for programs in other fields, such as
science, mathematics, history, literature,
foreign languages, and the performing arts, and
the development of programs in other fields
should continue with the support of Federal
funds; and
[(R) each of the 50 States should participate
in the National Teacher Training Project by
establishing regional teacher training sites in
early childhood development, mathematics,
science, English, civics and government,
foreign languages, and arts to serve all
teachers within the State.
[(3) Definitions.--For the purpose of this section--
[(A) the term ``contractor'' means--
[(i) a local educational agency;
[(ii) an educational service agency;
or
[(iii) an institution of higher
education that awards a bachelor's
degree; and
[(B) the term ``eligible recipient'' means a
nonprofit educational organization which has as
its primary purpose the improvement of student
learning in one of the core academic subjects
described in subsection (b)(2).
[(b) Grants Authorized.--
[(1) Grants to eligible recipients.--The Secretary is
authorized to award to grant to an eligible recipient
to enable such recipient--
[(A) to support and promote the establishment
of teacher training programs in early childhood
development and one of the nine core subject
areas described in paragraph (2), including the
dissemination of effective practices and
research findings regarding teacher training,
and administrative activities;
[(B) to support classroom research on
effective teaching practices in such area; and
[(C) to pay the Federal share of the cost of
such programs and research.
[(2) Core subject areas.--To the extent feasible, the
Secretary shall award a grant under paragraph (1) for
the establishment of a National Teacher Training
Project in early childhood development and each of the
following core subject areas:
[(A) Mathematics.
[(B) Science.
[(C) English.
[(D) Civics and government.
[(E) Foreign languages.
[(F) Arts.
[(G) Geography.
[(H) History.
[(I) Economics.
[(3) Number of grants and eligible recipients.--The
Secretary shall award not more than ten grants under
paragraph (1) to ten different eligible recipients.
[(4) Equitable distribution.--The Secretary shall
award grants under paragraph (1) to eligible recipients
from different geographic areas of the United States.
[(5) Special rule.--Each grant under paragraph (1)
shall be of sufficient size, scope, and quality to be
effective.
[(6) Administrative costs and technical assistance.--
Each eligible recipient receiving a grant under
paragraph (1) may use not more than a total of 5
percent of the grant funds for administrative costs and
the costs of providing technical assistance to a
contractor.
[(c) Grant Requirements.--Each eligible recipient receiving
a grant under subsection (b) shall--
[(1) enter into a contract with a contractor under
which such contractor agrees--
[(A) to establish, operate, and provide the
non-Federal share of the cost of teacher
training programs in effective approaches and
processes for the teaching of the core academic
subjects for which such eligible recipient was
awarded a grant, including approaches and
processes to obtain parental involvement in a
child's education; and
[(B) to use funds received from the eligible
recipient to pay the Federal share of the cost
of establishing and operating teacher training
programs described in subparagraph (A);
[(2) to submit annual report to the Secretary and be
responsible for oversight of the funds expended at each
teacher training program described in subparagraph (A);
and
[(3) meet such other conditions and standards as the
Secretary determines to be necessary to ensure
compliance with this section and provide such technical
assistance as may be necessary to carry out this
section.
[(d) Teacher Training Programs.--The teacher training
programs described in subsection (b) shall--
[(1) be conducted during the school year and during
the summer months;
[(2) train teachers who teach grades kindergarten
through college;
[(3) select teachers to become members of a National
Teacher Training Project, which members shall conduct
inservice workshops for other teachers in the area
subject matter served by the National Teacher Training
Project site;
[(4) use teacher training principles and receive
technical assistance from the National Writing Project;
and
[(5) encourage teachers from all disciplines to
participate in such teacher training programs.
[(e) Federal Share.--The term ``Federal share'' means, with
respect to the costs of teacher training programs described in
subsection (b), 50 percent of such costs to the contractor.
[(f) Application.--Each eligible recipient desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
[(g) Participants and Selection Process.--The selection
process for participation in a teacher training program
described in subsection (b) shall--
[(1) reward exemplary teachers with varying levels of
teaching experience who are nominated by other teachers
and administrators;
[(2) involve an application process to select
participants for a summer program;
[(3) ensure the selection of a geographically and
ethnically diverse group of teachers by soliciting
applications from teachers of both public and private
institutions in rural, urban, and suburban settings in
each State; and
[(4) automatically offer a place in a summer program
to the ``Teacher of the Year'' chosen pursuant to a
Federal or State teacher recognition program.
[(h) Limitation.--A contractor entering into a contract
under subsection (c)(1) shall not spend more than 5 percent of
funds received under the contract for administrative costs.
[PART B--STATE AND LOCAL ACTIVITIES
[SEC. 2201. PROGRAM AUTHORIZED.
[The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality
professional development activities in the core academic
subjects at the State and local levels.
[SEC. 2202. ALLOCATION OF FUNDS.
[(a) Reservation of Funds.--From the amount available to
carry out this part for any fiscal year, the Secretary shall
reserve--
[(1) \1/2\ of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of
their relative need, as determined by the Secretary in
accordance with the purposes of this part; and
[(2) \1/2\ of 1 percent for the Secretary of the
Interior for programs under this part for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the
Bureau of Indian Affairs.
[(b) State Allocations.--The Secretary shall allocate the
amount available to carry out this part and not reserved under
subsection (a) to each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than \1/2\ of 1 percent
of such amount:
[(1) Fifty percent shall be allocated among such
jurisdictions on the basis of their relative
populations of individuals aged five through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data.
[(2) Fifty percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictionsreceived under part A of title I for
the preceding fiscal year, or for fiscal year 1995
only, such part's predecessor authority.
[(c) Reallocation.--If any jurisdiction does not apply for
an allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
[SEC. 2203. WITHIN-STATE ALLOCATIONS.
[Of the amounts received by a State under this part for any
fiscal year--
[(1) 84 percent shall be available for local
allowable activities under section 2210(b), of which--
[(A) not more than 5 percent may be used for
the administrative costs of the State
educational agency and for State-level
activities described in section 2207; and
[(B) of the remaining amount--
[(i) 50 percent shall be distributed
to local educational agencies--
[(I) for use in accordance
with section 2210; and
[(II) in accordance with the
relative enrollments in public
and private nonprofit
elementary and secondary
schools within the boundaries
of such agencies; and
[(ii) 50 percent of such amount shall
be distributed to local educational
agencies--
[(I) for use in accordance
with section 2210; and
[(II) in accordance with the
relative amount such agencies
received under part A of title
I or for fiscal year 1995 for
the preceding fiscal year, such
part's predecessor authority;
and
[(2) 16 percent shall be available to the State
agency for higher education for activities under
section 2211, of which not more than 5 percent may be
used for the administrative costs of the State agency
for higher education.
[SEC. 2204. CONSORTIUM REQUIREMENT.
[(a) In General.--A local educational agency receiving a
grant under this part of less than $10,000 shall form a
consortium with another local educational agency or an
educational service agency serving another local educational
agency to be eligible to participate in programs assisted under
this part.
[(b) Waiver.--The State educational agency may waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation under this part is sufficient to provide a program
of sufficient size, scope, and quality to be effective. In
granting waivers under the preceding sentence, the State
educational agency shall--
[(1) give special consideration to local educational
agencies serving rural areas if distances or traveling
time between schools make formation of the consortium
more costly or less effective; and
[(2) consider cash or in-kind contributions provided
from State or local sources that may be combined with
the local educational agency's allocation for the
purpose of providing services under this part.
[(c) Special Rule.--Each consortium shall rely, as much as
possible, on technology or other arrangements to provide staff
development programs tailored to the needs of each school or
school district participating in a consortium described in
subsection (a).
[SEC. 2205. STATE APPLICATIONS.
[(a) Applications Required.--Each State educational agency
that wishes to receive an allotment under this part for any
fiscal year shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
[(b) State Plan To Improve Teaching and Learning.--
[(1) In general.--Each application under this section
shall include a State plan that is coordinated with the
State's plan under other programs assisted under this
Act, the Goals 2000: Educate America Act, and other
Acts, as appropriate, consistent with the provisions of
section 14306.
[(2) Contents.--Each such State plan shall--
[(A) be developed in conjunction with the
State agency for higher education, community-
based and other nonprofit organizations of
demonstrated effectiveness, institutions of
higher education or schools of education, and
with the extensive participation of local
teachers, administrators and pupil services
personnel and show the role of each such entity
in implementation of the plan;
[(B) be designed to give teachers, and where
appropriate, administrators and pupil services
personnel in the State, the knowledge and
skills necessary to provide all students the
opportunity to meet challenging State content
standards and challenging State student
performance standards;
[(C) include an assessment of State and local
needs for professional development specifically
related to subparagraph (B);
[(D) include a description of how the plan
has assessed the needs of local educational
agencies serving rural and urban areas, and
what actions are planned to meet such needs;
[(E) include a description of how the
activities assisted under this part will
address the needs of teachers in schools
receiving assistance under part A of title I;
[(F) a description of how programs in all
core academic subjects, but especially in
mathematics and science, will take into account
the need for greater access to, and
participation in, such disciplines by students
from historically underrepresented groups,
including females, minorities, individuals with
limited English proficiency, the economically
disadvantaged, and individuals with
disabilities, by incorporating pedagogical
strategies and techniques which meet such
individuals' educational needs;
[(G) be consistent with the State's needs
assessment under subparagraph (C), and describe
how the State will work with teachers,
including teachers in schools receiving
assistance under part A of title I,
administrators, parents, local educational
agencies, schools, educational service
agencies, institutions of higher education, and
nonprofit organizations of demonstrated
effectiveness, to ensure that such individuals
develop the capacity to support sustained and
intensive, high-quality professional
development programs in the core academic
subjects;
[(H) describe how the State requirements for
licensure of teachers and administrators,
including certification and recertification,
support challenging State content standards and
challenging State student performance standards
and whether such requirements are aligned with
such standards;
[(I) address the need for improving teaching
and learning through teacher development
beginning with recruitment, preservice, and
induction, and continuing throughout the
professional teaching career, taking into
account the need, as determined by the State,
for greater access to and participation in the
teaching profession by individuals from
historically underrepresented groups;
[(J) describe how the State will prepare all
teachers to teach children with diverse
learning needs, including children with
disabilities;
[(K) describe how the State will prepare
teachers, and, where appropriate,
paraprofessionals, pupil services personnel,
and other staff in the collaborative skills
needed to appropriately teach children with
disabilities, in the core academic subjects;
[(L) describe how the State will use
technology, including the emerging national
information infrastructure, to enhance the
professional development of teachers, and,
where appropriate, administrators and pupil
services personnel;
[(M) describe how the State will provide
incentives to teachers and administrators to
focus their professional development on
preparing such teachers and administrators to
provide instruction consistent with challenging
State content standards and challenging State
student performance standards;
[(N) set specific performance indicators for
professional development; and
[(O) describe how parents can be involved in
professional development programs to enhance
the participation of parents in the education
of their children.
[(3) Duration of the plan.--Each such State plan
shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(c) Additional Material.--Each State application shall
include:
[(1) a description of how the activities assisted
under this part will be coordinated, as appropriate,
with--
[(A) other activities conducted with Federal
funds, especially activities supported under
part A of title I of this Act and the
Individuals with Disabilities Education Act;
[(B) programs supported by State and local
funds;
[(C) resources from business and industry,
museums, libraries, educational television
stations, and public and private nonprofit
organizations of demonstrated experience; and
[(D) funds received from other Federal
agencies, such as the National Science
Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the
National Endowment for the Arts, the Institute
of Museum and Library Services, and the
National Endowment for the Humanities; and
[(2) a description of the activities to be sponsored
under the State-level activities under section 2207 and
the higher education activities under section 2211.
[(d) Peer Review and Secretarial Approval.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section if such application meets the requirements of
this section and holds reasonable promise of achieving
the purposes of this part.
[(2) Review.--In reviewing applications under this
section, the Secretary shall obtain the advice of non-
Federal experts on education in the core academic
subjects and on teacher education, including teachers
and administrators.
[SEC. 2206. PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND
SCIENCE.
[(a) Appropriation of Less Than $25,000,000.--In any fiscal
year for which the amount appropriated for this title (other
than part C) is less than $250,000,000, each State shall ensure
that all funds distributed in accordance with section
2203(1)(C) are used for professional development in mathematics
and science.
[(b) Appropriation Equal To or Above $250,000,000.--In any
fiscal year for which the amount appropriated for this title
(other than part C) is equal to or exceeds $250,000,000, each
State and local educational agency shall use for professional
development activities in mathematics and science the amount of
funds that would have been made available to each such agency
in accordance with sections 2202 and 2203 if the amount
appropriated was $250,000,000, consistent with subsection (a),
and are permitted and encouraged to use the amount of funds in
excess of $250,000,000 that is made available in accordance
with sections 2202 and 2203 for professional development
activities in mathematics and science.
[SEC. 2207. STATE-LEVEL ACTIVITIES.
[Each State may use funds made available under section
2202(1)(A) to carry out activities described in the plan under
section 2205(b), such as--
[(1) reviewing and reforming State requirements for
teacher and administrator licensure, including
certification and recertification, to align such
requirements with the State's challenging State content
standards and ensure that teachers and administrators
have the knowledge and skills necessary to help
students meet challenging State student performance
standards;
[(2) developing performance assessments and peer
review procedures, as well as other methods, for
licensing teachers and administrators;
[(3) providing technical assistance to schools and
local educational agencies, especially schools and
local educational agencies that receive assistance
under part A of title I, to help such schools and
agencies provide effective professional development in
the core academic subjects;
[(4) developing or supporting professional
development networks, either within a State or in a
regional consortium of States, that provide a forum for
interaction among teachers and that allow exchange of
information on advances in content and pedagogy;
[(5) supporting partnerships between schools,
consortia of schools, or local educational agencies and
institutions of higher education, including schools of
education, which encourage--
[(A) teachers to participate in intensive,
ongoing professional development programs, both
academic and pedagogical, at institutions of
higher education; and
[(B) students at institutions of higher
education studying to become teachers to have
direct, practical experience at the schools;
[(6) providing professional development in the
effective use of educational technology as an
instructional tool for increasing student understanding
of the core academic subjects, including efforts to
train teachers in methods of achieving gender equity
both in students' access to computers and other
educational technology and in teaching practices used
in the application of educational technology;
[(7) providing incentives for teachers to be involved
in assessment, curriculum development, and technical
assistance processes for teachers and students;
[(8) providing professional development to enable
teachers, and, where appropriate, pupil services
personnel, and other school staff, to ensure that girls
and young women, minorities, limited English proficient
students, individuals with disabilities, and
economically disadvantaged students have the full
opportunity to achieve challenging State content
standards and challenging State student performance
standards in the core academic subjects by, for
example, encouraging girls and young women and
minorities to pursue advanced courses in mathematics
and science;
[(9) professional development and recruitment
activities designed to increase the numbers of
minorities, individuals with disabilities, and women
teaching in the core academic subjects in which such
individuals are underrepresented;
[(10) providing financial or other incentives for
teachers to become certified by nationally recognized
professional teacher enhancement organizations;
[(11) providing professional development activities
which prepare teachers, and where appropriate, pupil
services personnel, paraprofessionals, and other staff
in the collaborative skills needed to appropriately
teach children with disabilities, in the core academic
subjects;
[(12) identifying, developing, or supporting
professional development strategies to better equip
parents to assist their children in raising their
children's achievement in the core academic subjects;
and
[(13) professional development activities designed to
increase the number of women and other underrepresented
groups in the administration of schools.
[SEC. 2208. LOCAL PLAN AND APPLICATION FOR IMPROVING TEACHING AND
LEARNING.
[(a) Local Application.--
[(1) In general.--Each local educational agency that
wishes to receive a subgrant under this part shall
submit an application (singly or as a consortium as
described in section 2204) to the State educational
agency at such time as the State educational agency
shall require, but not less frequently than every three
years, that is coordinated with other programs under
this Act, the Goals 2000: Educate America Act, or other
Acts, as appropriate, consistent with the provisions of
section 14306.
[(2) Indicators.--A local educational agency shall
set specific performance indicators for improving
teaching and learning through professional development.
[(b) Needs Assessment.--
[(1) In general.--A local educational agency that
wishes to receive a subgrant under this part shall
include in its application an assessment of local needs
for professional development as identified by the local
educational agency and school staff.
[(2) Requirements.--Such needs assessment shall be
carried out with the involvement of teachers, including
teachers in schools receiving assistance under part A
of title I, and shall take into account what activities
need to be conducted in order to give teachers and,
where appropriate, administrators, the means, including
the knowledge and skills, to provide students with the
opportunity to meet challenging State or local student
performance standards.
[(c) Application Contents.--Each application under this
section shall include the local educational agency's plan for
professional development that--
[(1) focuses on teaching and learning in the core
academic subjects; and
[(2) has been developed with the extensive
participation of administrators, staff, and pupil
services personnel, which teachers shall also be
representative of the grade spans within schools to be
served and of schools which receive assistance under
part A of title I.
[(d) Plan Contents.--
[(1) In general.--Based on the needs assessment
required under subsection (b), the local educational
agency's plan shall--
[(A) include a description of how the plan
contributes to the local educational agency's
overall for school reform and educational
improvement;
[(B) include a description of how the
activities funded under this section will
address the needs of teachers in schools
receiving assistance under part A of title I;
[(C) be aligned with the State's challenging
State content standards and challenging State
student performance standards;
[(D) describe a strategy, tied to challenging
State content standards and challenging State
student performance standards, consistent with
the needs assessment under subsection (b);
[(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
student's performance in the classroom;
[(F) describe how programs in all core
academic subjects, but especially in
mathematics and science, will take into account
the need for greater access to, and
participation in, such disciplines by students
from historically underrepresented groups,
including girls and women, minorities,
individuals with limited English proficiency,
the economically disadvantaged, and individuals
with disabilities, by incorporating pedagogical
strategies and techniques which meet such
individuals' educational need;
[(G) contain an assurance that the activities
conducted with funds received under this part
will be assessed at least every three years
using the performance indicators;
[(H) describe how the program funded under
this part will be coordinated, as appropriate,
with--
[(i) activities conducted under
section 2131 and other services of
institutions of higher education;
[(ii) similar State and local
activities;
[(iii) resources provided under part
A of title I and other provisions of
this Act;
[(iv) resources from business,
industry, public and private nonprofit
organizations (including museums,
libraries, educational television
stations, community-based
organizations, professional
organizations and associations
specializing in, or with a demonstrated
expertise in the core academic
subjects);
[(v) funds or programming from other
Federal agencies, such as the National
Science Foundation, the Department of
Energy, the Department of Health and
Human Services, the Institute of Museum
and Library Services, the National
Endowment for the Humanities, and the
National Endowment for the Arts;
[(vi) services of educational service
agencies; and
[(vii) resources provided under the
Individuals with Disabilities Education
Act;
[(I) identify the sources of funding that
will provide the local educational agency's
contribution under section 2209; and
[(J) describe the professional development
strategies to be employed to more fully and
effectively involve parents in the education of
their children.
[(2) Duration of the plan.--Each local plan described
in subsection (b)(1) shall--
[(A) remain in effect for the duration of the
local educational agency's participation under
this part; and
[(B) be periodically reviewed and revised by
the local educational agency, as necessary, to
reflect changes in the local educational
agency's strategies and programs under this
part.
SEC. 2209. LOCAL COST-SHARING
[(a) In General.--Each local educational agency shall
provide not less than 33 percent of the cost of the activities
assisted under this part, excluding the cost of services
provided to private school teachers.
[(b) Available Resources for Cost-Sharing.--
[(1) In general.--A local educational agency may meet
the requirement of subsection (a) through one or more
of the following:
[(A) Cash expenditures from non-Federal
sources, including private contributions,
directed toward professional development
activities.
[(B) Release time for teachers participating
in professional development assisted under this
part.
[(C) Funds received under one or more of the
following programs, so long as much funds are
used for professional development activities
consistent with this part and the statutes
under which such funds were received, and are
used to benefit students and teachers in
schools that otherwise would have been served
with such funds.
[(i) Helping disadvantaged children
meet high standards under part A of
title I.
[(ii) The Safe and Drug-Free Schools
and Communities program under title IV.
[(iii) Bilingual Education Programs
under part A of title VII.
[(iv) Programs under the Women's
Educational Equity Act of 1994.
[(v) Programs under title III of the
Goals 2000: Educate America Act.
[(vi) Programs that are related to
the purposes of this Act that are
administered by other Federal agencies,
including the National Science
Foundation, the National Endowment for
the Humanities, the National Endowment
for the Arts, the Institute of Museum
and Library Services and the Department
of Energy.
[(vii) Programs under the Individuals
with Disabilities Education Act.
[(2) Special rule.--A local educational agency may
meet the requirement of subsection (a) through
contributions described in paragraph (1) that are
provided in cash or in kind, fairly evaluated.
[(c) Waiver.--The State educational agency may approved an
application, which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a) if
a local educational agency can demonstrate that such agency is
unable to meet the requirements of subsection (a) due to
economic hardship and that compliance with such requirements
would preclude such agency's participation in the program.
[SEC. 2210. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE ACTIVITIES.
[(a) Local Allocation of Funds.--Each local educational
agency that receives funds under this part for any fiscal
year--
[(1) shall use not less than 80 percent of such funds
for professional development of teachers, and, where
appropriate, administrators, and, where appropriate,
pupil services personnel, parents, and other staff of
individual schools in a manner that--
[(A) is determined by such teachers and
staff;
[(B) to the extent practicable, takes place
at the individual school site; and
[(C) is consistent with the local educational
agency's application under section 2208, any
school plan under part A of title I, and any
other plan for professional development carried
out with Federal, State, or local funds that
emphasizes sustained, ongoing activities; and
[(2) may use not more than 20 percent of such funds
for school district-level professional development
activities, including, where appropriate, the
participation of administrators, policymakers, and
parents, if such activities directly support
instructional personnel.
[(b) Authorized Activities.--
[(1) In general.--Each local educational agency and
school that receives funds under this part shall use
such funds for activities that give teachers and
administrators the knowledge and skills to provide
students with the opportunity to meet challenging State
of local content standards and student performance
standards.
[(2) Professional development activities.--
Professional development activities funded under this
part shall--
[(A) be tied to challenging State content
standards or challenging local content
standards, and challenging State student
performance standards or challenging local
student performance standards;
[(B) take into account recent research on
teaching and learning;
[(C) provide professional development which
incorporates effective strategies, techniques,
methods, and practices for meeting the
educational needs of diverse groups of
students, including girls and women,
minorities, individuals with disabilities,
limited English proficient individuals, and
economically disadvantaged individuals;
[(D) include strong academic content and
pedagogical components; and
[(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom.
[(3) Activities.--Funds under this part may be used
for professional development activities such as--
[(A) professional development for teams of
teachers, and, where appropriate,
administrator, pupil service personnel, or
other staff from individual schools, to support
teaching consistent with challenging State
content standards and challenging State student
performance standards;
[(B) support and time, which in the case of
teachers may include release time with pay, for
teachers, and, where appropriate, pupil
services personnel and other school staff to
enable such teachers, personnel, and staff to
participate in professional development in the
core academic subjects that are offered through
professional associations, universities,
community-based organizations, and other
providers, such as educational partnership
organizations, science centers, and museums;
[(C) activities that provide followup for
teachers who have participated in professional
development activities that are designed to
ensure that the knowledge and skills learned by
the teacher are implemented in the classroom;
[(D) support for partnerships between
schools, consortia of schools, or local
educational agencies, and institutions of
higher education, including schools of
education, which partnerships shall encourage--
[(i) teachers to participate in
intensive, ongoing professional
development programs, both academic and
pedagogical, at institutions of higher
education; and
[(ii) students at institutions of
higher education studying to become
teachers to have direct, practical
experience at schools;
[(E) the establishment and maintenance of
local professional networks that provide a
forum for interaction among teachers and that
allow exchange of information on advances in
content and pedagogy;
[(F) preparing teachers in the effective use
of educational technology and assistive
technology as instructional tools for
increasing student understanding of the core
academic subjects;
[(G) professional development to enable
teachers, and, where appropriate, pupil
services personnel and other school staff, to
ensure that girls and young women, minorities,
limited English proficient students,
individuals with disabilities, and the
economically disadvantaged have full
opportunity to achieve the challenging State
content standards and challenging State student
performance standards in the core academic
subjects;
[(H) professional development and recruitment
activities designed--
[(i) to increase the number of
minorities, individuals with
disabilities, and females teaching in
the core academic subjects in which
such individuals are underrepresented;
and
[(ii) to increase the numbers of
women and members of other under
represented groups who are science and
mathematics teachers, through such
programs as career ladder programs that
assist educational paraprofessionals to
obtain teaching credentials in the core
academic subjects;
[(I) providing financial or other incentives
for teachers to become certified by nationally
recognized professional teacher enhancement
programs;
[(J) support and time for teachers, and,
where appropriate, pupil services personnel,
and other school staff to learn and implement
effective collaboration for the instruction of
children with disabilities in the core academic
subject areas;
[(K) preparing teachers, and, where
appropriate, pupil services personnel to work
with parents and families on fostering student
achievement in the core academic subjects;
[(L) professional development activities and
other support for new teachers as such teachers
move into the classroom to provide such
teachers with practical support and to increase
the retention of such teachers;
[(M) professional development for teachers,
parents, early childhood educators,
administrators, and other staff to support
activities and services related to preschool
transition programs to raise student
performance in the core academic subjects;
[(N) professional development activities to
train teachers in innovative instructional
methodologies designed to meet the diverse
learning needs of individual students,
including methodologies which integrate
academic and vocational learning and applied
learning, interactive and interdisciplinary
team teaching, and other alternative teaching
strategies such as service learning,
experimental learning, career-related
education, and environmental education, that
integrate real world applications into the core
academic subjects;
[(O) developing professional development
strategies and programs to more effectively
involve parents in helping their children
achieve in the core academic subjects;
[(P) professional development activities
designed to increase the number of women and
other underrepresented groups in the
administration of schools; and
[(Q) release time with pay for teachers.
[SEC. 2211. HIGHER EDUCATION ACTIVITIES.
[(a) Activities.--
[(1) In general.--From amounts made available under
section 2203(2), the State agency for higher education,
working in conjunction with the State educational
agency (if such agencies are separate), shall make
grants to, or enter into contracts or cooperative
agreements with, institutions of higher education and
nonprofit organizations of demonstrated effectiveness,
including museums and educational partnership
organizations, which must work in conjunction with a
local educational agency, consortium of local
educational agencies, or schools, for--
[(A) professional development activities in
the core academic subjects that contribute to
the State plan for professional development;
[(B) developing and providing assistance to
local educational agencies, and the teachers
and staff of each such agency, for sustained,
high-quality professional development
activities; and
[(C) improving teacher education programs in
order to promote further innovation in teacher
education programs within an institution of
higher education and to better meet the needs
of the local educational agencies for well-
prepared teachers.
[(2) Competitive basis.--Each grant, contract, or
cooperative agreement describe din paragraph (1) shall
be awarded on a competitive basis.
[(3) Special rule.--No institution of higher
education may receive assistance under (a)(1) of this
subsection unless the institution enters into an
agreement with a local educational agency, or
consortium of such agencies, to provide sustained,
high-quality professional development for the
elementary and secondary school teachers in the schools
of each such agency.
[(4) Joint efforts.--Each activity assisted under
this section, where applicable, shall involve the joint
effort of the institution of higher education's school
or department of education, if any, and the schools or
departments in the specific disciplines in which such
professional development will be provided.
[(b) Allowable Activities.--A recipient of funds under this
section shall use such funds for--
[(1) sustained and intensive high-quality
professional development for teams of teachers, or
teachers, and, where appropriate, pupil services
personnel and administrators from individual schools or
school districts;
[(2) other sustained and intensive professional
development activities related to achievement of the
State plan for professional development; and
[(3) preservice training activities.
[(c) Partnerships.--Each institution of higher education
receiving a grant under this section may also enter into a
partnership with a private industry, museum, library,
educational television station, or public or private nonprofit
organization of demonstrated experience to carry out
professional development activities assisted under this
section.
[PART C--READING AND LITERACY GRANTS
[SEC. 2251. PURPOSES.
[The purposes of this part are as follows:
[(1) To provide children with the readiness skills
they need to learn to read once they enter school.
[(2) To teach every child to read in the child's
early childhood years--
[(A) as soon as the child is ready to read;
or
[(B) as soon as possible once the child
enters school, but not later than 3d grade.
[(3) To improve the reading skills of students, and
the instructional practices for current teachers (and,
as appropriate, other instructional staff) who teach
reading, through the use of findings from
scientifically based reading research, including
findings relating to phonemic awareness, systematic
phonics, fluency, and reading comprehension.
[(4) To expand the number of high-quality family
literacy programs.
[(5) To provide early literacy intervention to
children who are experiencing reading difficulties in
order to reduce the number of children who are
incorrectly identified as a child with a disability and
inappropriately referred to special education.
[SEC. 2252. DEFINITIONS.
[For purposes of this part:
[(1) Eligible professional development provider.--The
term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers that is based on scientifically
based reading research.
[(2) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
[(A) Interactive literacy activities between
parents and their children.
[(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
[(C) Parent literacy training that leads to
economic self-sufficiency.
[(D) An age-appropriate education to prepare
children for success in school and life
experiences.
[(3) Instructional staff.--The term ``instructional
staff''--
[(A) means individuals who have
responsibility for teaching children to read;
and
[(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
[(4) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
[(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
[(B) The ability to decode unfamiliar words.
[(C) The ability to read fluently.
[(D) Sufficient background information and
vocabulary to foster reading comprehension.
[(E) The development of appropriate active
strategies to construct meaning from print.
[(F) The development and maintenance of a
motivation to read.
[(5) Scientifically based reading research.--The term
``scientifically based reading research''--
[(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to reading
development, reading instruction, and reading
difficulties; and
[(B) shall include research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
[(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL AGENCIES.
[(a) Program Authorized.--
[(1) In general.--Subject to the provisions of this
part, the Secretary shall award grants to State
educational agencies to carry out the reading and
literacy activities authorized under this section and
sections 2254 and 2256.
[(2) Limitations.--
[(A) Single grant per state.--A State
educational agency may not receive more than
one grant under paragraph (1).
[(B) 3-year term.--A State educational agency
that receives a grant under paragraph (1) may
expend the funds provided under the grant only
during the 3-year period beginning on the date
on which the grant is made.
[(b) Application.--
[(1) In general.--A State educational agency that
desires to receive a grant under this part shall submit
an application to the Secretary at such time and in
such form as the Secretary may require. The application
shall contain the information described in paragraph
(2).
[(2) Contents.--An application under this subsection
shall contain the following:
[(A) An assurance that the Governor of the
State, in consultation with the State
educational agency, has established a reading
and literacy partnership described in
subsection (d), and a description of how such
partnership--
[(i) assisted in the development of
the State plan;
[(ii) will be involved in advising on
the selection of subgrantees under
sections 2255 and 2256; and
[(iii) will assist in the oversight
and evaluation of such subgrantees.
[(B) A description of the following:
[(i) How the State educational agency
will ensure that professional
development activities related to
reading instruction and provided under
this part are--
[(I) coordinated with other
State and local level funds and
used effectively to improve
instructional practices for
reading; and
[(II) based on scientifically
based reading research.
[(ii) How the activities assisted
under this part will address the needs
of teachers and other instructional
staff, and will effectively teach
students to read, in schools receiving
assistance under section 2255 and 2256.
[(iii) The extent to which the
activities will prepare teachers in all
the major components of reading
instruction (including phonemic
awareness, systematic phonics, fluency,
and reading comprehension).
[(iv) How the State educational
agency will use technology to enhance
reading and literacy professional
development activities for teachers, as
appropriate.
[(v) How parents can participate in
literacy-related activities assisted
under this part to enhance their
children's reading.
[(vi) How subgrants made by the State
educational agency under sections 2255
and 2256 will meet the requirements of
this part, including how State
educational agency will ensure that
subgrantees will use practices based on
scientifically based reading research.
[(vii) How the State educational
agency will, to the extent practicable,
make grants to subgrantees in both
rural and urban areas.
[(viii) The process that the State
used to establish the reading and
literacy partnership described in
subsection (d).
[(C) An assurance that each local educational
agency to which the State educational agency
makes a subgrant--
[(i) will provide professional
development for the classroom teacher
and other appropriate instructional
staff on the teaching of reading based
on scientifically based reading
research;
[(ii) will provide family literacy
services based on programs such as the
Even Start family literacy model
authorized under part B of title I, to
enable parents to be their child's
first and most important teacher;
[(iii) will carry out programs to
assist those kindergarten students who
are not ready for the transition to
first grade, particularly students
experiencing difficulty with reading
skills; and
[(iv) will use supervised individuals
(including tutors), who have been
appropriately trained using
scientifically based reading research,
to provide additional support, before
school, after school, on weekends,
during noninstructional periods of the
school day, or during the summer, for
children preparing to enter
kindergarten and students in
kindergarten through grade 3 who are
experiencing difficulty reading.
[(D) An assurance that instruction in reading
will be provided to children with reading
difficulties who--
[(i) are at risk of being referred to
special education based on these
difficulties; or
[(ii) have been evaluated under
section 614 of the Individuals with
Disabilities Education Act but, in
accordance with section 614(b)(5) of
such Act, have not been identified as
being a child with a disability (as
defined in section 602 of such Act).
[(E) A description of how the State
educational agency--
[(i) will build on, and promote
coordination among, literacy programs
in the State (including federally
funded programs such as the Adult
Education and Family Literacy Act and
the Individuals with Disabilities
Education Act), in order to increase
the effectiveness of the programs in
improving reading for adults and
children and to avoid duplication of
the efforts of the programs;
[(ii) will promote reading and
library programs that provide access to
engaging reading material;
[(iii) will make local educational
agencies described in sections
2255(a)(1) and 2256(a)(1) aware of the
availability of subgrants under
sections 2255 and 2256; and
[(iv) will assess and evaluate, on a
regular basis, local educational agency
activities assisted under this part,
with respect to whether they have been
effective in achieving the purposes of
this part.
[(F) A description of the evaluation
instrument the State educational agency will
use for purposes of the assessments and
evaluations under subparagraph (E)(iv).
[(c) Approval of Applications.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section only--
[(A) if such application meets the
requirement of this section; and
[(B) after taking into account the extent to
which the application furthers the purposes of
this part and the overall quality of the
application.
[(2) Peer review.--
[(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
[(i) representatives of the National
Institute for Literacy, the National
Research Council of the National
Academy of Sciences, and the National
Institute of Child Health and Human
Development;
[(ii) 3 individuals selected by the
Secretary;
[(iii) 3 individuals selected by the
National Institute for Literacy;
[(iv) 3 individuals selected by the
National Research Council of the
National Academy of Sciences; and
[(v) 3 individuals selected by the
National Institute of Child Health and
Human Development.
[(B) Experts.--The panel shall include
experts who are competent, by virtue of their
training, expertise, or experience, to evaluate
applications under this section, and experts
who provide professional development to
teachers of reading to children and adults, and
experts who provide professional development to
other instructional staff, based on
scientifically based reading research.
[(C) Priority.--The panel shall recommend
grant applications from State educational
agencies under this section to the Secretary
for funding or for disapproval. In making such
recommendations, the panel shall give priority
to applications from State educational agencies
whose States have modified, are modifying, or
provide an assurance that not later than 18
months after receiving a grant under this
section the State educational agencies will
increase the training and the methods of
teaching reading required for certification as
an elementary school teacher to reflect
scientifically based reading research, except
that nothing in this Act shall be construed to
establish a national system of teacher
certification.
[(D)Minimum grant amounts.--
[(i) States.--Each State educational
agency selected to receive a grant
under this section shall receive an
amount for the grant period that is not
less than $500,000.
[(ii) Outlying areas.--The Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands selected to receive a grant
under this section shall receive an
amount for the grant period that is not
less than $100,000.
[(E) Limitation.--The Republic of the
Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau shall not
be eligible to receive a grant under this part.
[(d) Reading and Literacy partnerships.--
[(1) Required participants.--In order for a State
educational agency to receive a grant under this
section, the Governor of the State, in consultation
with the State educational agency, shall establish a
reading and literacy partnership consisting of at least
the following participants:
[(A) The Governor of the State.
[(B) The chief State school officer.
[(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
[(D) A representative, selected jointly by
the Governor and the chief State school
officer, of at least one local educational
agency that is eligible to receive a subgrant
under section 2255.
[(E) A representative, selected jointly by
the Governor and the chief State school
officer, of a community-based organization
working with children to improve their reading
skills, particularly a community-based
organization using tutors and scientifically
based reading research.
[(F) State directors of appropriate Federal
or State programs with a strong reading
component.
[(G) A parent of a public or private school
student or a parent who educates their child or
children in their home, selected jointly by the
Governor and the chief State school officer.
[(H) A teacher who successfully teaches
reading and an instructional staff member
selected jointly by the Governor and the chief
State school officer.
[(I) A family literacy service provider
selected jointly by the Governor and the chief
state school officer.
[(2) Optional participants.--A reading and literacy
partnership may include additional participants, who
shall be selected jointly by the Governor and the chief
State school officer, and who may include a
representative of--
[(A) an institution of higher education
operating a program of teacher preparation
based on scientifically based reading research
in the State;
[(B) a local educational agency:
[(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
[(D) an adult education provider;
[(E) a volunteer organization that is
involved in reading programs; or
[(F) a school library or a public library
that offers reading or literacy programs for
children or families.
[(3) Preexisting partnership.--If, before the date of
the enactment of the Reading Excellence Act, a State
established a consortium, partnership, or any other
similar body, that includes the Governor and the chief
State school officer and has, as a central part of its
mission, the promotion of literacy for children in
their early childhood years through the 3d grade and
family literacy services, but that does not satisfy
therequirements of paragraph (1), the State may elect
to treat that consortium, partnership, or body as the
reading and literacy partnership for the State
notwithstanding such paragraph, and it shall be
considered a reading and literacy partnership for
purposes of the other provisions of this art.
[SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.
[A State educational agency that receives a grant under
section 2253--
[(1) shall use not more than 5 percent of the funds
made available under the grant for the administrative
costs of carrying out this part (excluding section
2256), of which not more than 2 percent may be used to
carry out section 2259; and
[(2) shall use not more than 15 percent of the funds
made available under the grant to solicit applications
for, award, and oversee the performance of, not less
than one subgrant pursuant to section 2256.
[SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.
[(a) In General.--
[(1) Subgrants.--A State educational agency that
receives a grant under section 2253 shall make
subgrants, on a competitive basis, to local educational
agencies that either--
[(A) have at least one school that is
identified for school improvement under section
1116(c) in the geographic area served by he
agency;
[(B) have the largest, or second largest,
number of children who are counted under
section 1124(c), in comparison to all other
local educational agencies in the State; or
[(C) have the highest, or second highest,
school-age child poverty rate, in comparison to
all other local educational agencies in the
State.
[For purposes of subparagraph (C), the term ``school-
age child poverty rate'' means the number of children
counted under section 1124(c) who are living within the
geographic boundaries of the local educational agency,
expressed as a percentage of the total number of
children aged 5-17 years living within the geographic
boundaries of the local educational agency.
[(2) Subgrant amount.-A subgrant under this section
shall consist of an amount sufficient to enable the
subgrant recipient to operate a program for a 2-year
period and may not be revoked or terminated on the
grounds that a school ceases, during the grant period,
to meet the requirements of subparagraph (A), (B), or
(C) of paragraph (1).
[(b) Applications.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the agency may
require. The application--
[(1) shall describe how the local educational agency
will work with schools selected by the agency to
receive assistance under subsection (d)(1)--
[(A) to select one or more programs of
reading instruction, developed using
scientifically based reading research, to
improve reading instruction by all academic
teachers for all children in each of the
schools selected by the agency under such
subsection and, where appropriate, for their
parents; and
[(B) to enter into an agreement with a person
or entity responsible for the development of
each program selected under subparagraph (A),
or a person with experience or expertise about
the program and its implementation, under which
the person or entity agrees to work with the
local educational agency and the schools in
connection with such implementation and
improvement efforts;
[(2) shall include an assurance that the local
educational agency--
[(A) will carry out professional development
for the classroom teacher and other
instructional staff on the teaching of reading
based on scientifically based reading research;
[(B) will provide family literacy services
based on programs such as the Even Start family
literacy model authorized under part B of title
I, to enable parents to be their child's first
and most important teacher;
[(C) will carry out programs to assist those
kindergarten students who are not ready for the
transition to first grade, particularly
students experiencing difficulty with reading
skills; and
[(D) will use supervised individuals
(including tutors), who have been appropriately
trained using scientifically based reading
research, to provide additional support, before
school, after school, on weekends, during
noninstructional periods of the school day, or
during the summer, for children preparing to
enter kindergarten and students in kindergarten
through grade 3 who are experiencing difficulty
reading;
[(3) shall describe how the applicant will ensure
that funds available under this part, and funds
available for reading instruction for kindergarten
through grade 6 from other appropriate sources, are
effectively coordinated, and, where appropriate,
integrated with funds under this Act in order to
improve existing activities in the areas of reading
instruction, professional development, program
improvement, parental involvement, technical
assistance, and other activities that can help meet the
purposes of this part;
[(4) shall describe, if appropriate, how parents,
tutors, and early childhood education providers will be
assisted by, and participate in, literacy-related
activities receiving financial assistance under this
part to enhance children's reading fluency;
[(5) shall describe how the local educational
agency--
[(A) provides instruction in reading to
children with reading difficulties who--
[(i) are at risk of being referred to
special education based on these
difficulties; or
[(ii) have been evaluated under
section 614 of the Individuals with
Disabilities Education Act but, in
accordance with section 614(b)(5) of
such Act, have not been identified as
being a child with a disability (as
defined in section 602 of the such
Act); and
[(B) will promote reading and library
programs that provide access to engaging
reading material; and
[(6) shall include an assurance that the local
educational agency will make available, upon request
and in an understandable and uniform format, to any
parent of a student attending any school selected to
receive assistance under subsection (d)(1) in the
geographic area served by the local educational agency,
information regarding the professional qualifications
of the student's classroom teacher to provide
instruction in reading.
[(c) Special Rule.--To the extent feasible, a local
educational agency that desires to receive a grant under this
section shall form a partnership with one or more community-
based organizations of demonstrated effectiveness in early
childhood literacy, and reading readiness, reading instruction,
and reading achievement for both adults and children, such as a
Head Start program, family literacy program, public library, or
adult education program, to carry out the functions described
in paragraphs (1) through (6) of subsection (b). In evaluating
subgrant applications under this subsection, a State
educational agency shall consider whether the applicant has
satisfied the requirement in the preceding sentence. If not,
the applicant must provide information on why it would not have
been feasible for the applicant to have done so.
[(d) Use of Funds.--
[(1) In general.--Subject to paragraph (2), a local
educational agency that receives a subgrant under this
section shall use amounts from the subgrant to carry
out activities to advance reform of reading instruction
in any school that (A) is described in subsection
(a)(1)(A), (B) has the largest, or second largest,
number of children who are counted under section
1124(c), in comparison to all other schools in the
local educational agency, or (C) has the highest, or
second highest, school-age child poverty rate (as
defined in the second sentence of subsection (a)(1)),
in comparison to all other schools in the local
educational agency. Such activities shall include the
following:
[(A) Securing technical and other assistance
from--
[(i) a program of reading instruction
based on scientifically based reading
research;
[(ii) a person or entity with
experience or expertise about such
program and its implementation, who has
agreed to work with the recipient in
connection with its implementation; or
[(iii) a program providing family
literacy services.
[(B) Providing professional development
activities to teachers and other instructions
staff (including training of tutors), using
scientifically based reading research and
purchasing of curricular and other supporting
materials.
[(C) Promoting reading and library programs
that provide access to engaging reading
material.
[(D) Providing, on a voluntary basis,
training to parents of children enrolled in a
school selected to receive assistance under
subsection (d)(1) on how to help their children
with school work, particularly in the
development of reading skills. Such training
may be provided directly by the subgrant
recipient, or through a grant or contract with
another person. Such training shall be
consistent with reading reforms taking place in
the school setting. No parent shall be required
to participate in such training.
[(E) Carrying out family literacy services
based on programs such as the Even Start family
literacy model authorized under part B of title
I, to enable parents to be their child's first
and most important teacher.
[(F) Providing instruction for parents of
children enrolled in a school selected to
receive assistance under subsection (d)(1), and
others who volunteer to be reading tutors for
such children, in the instructional practices
based on scientifically based reading research
used by the applicant.
[(G) Programs to assist those kindergarten
students enrolled in a school selected to
receive assistance under subsection (d)(1) who
are not ready for the transition to first
grade, particularly students experiencing
difficulty with reading skills.
[(H) Providing additional support for
children preparing to enter kindergarten and
students in kindergarten through grade 3 who
are enrolled in a school selected to receive
assistance under subsection (d)(1), who are
experiencing difficulty reading, before school,
after school, on weekends, during
noninstructional periods of the school day, or
during the summer, using supervised individuals
(including tutors), who have been appropriately
trained using scientifically based reading
research.
[(I) Providing instruction in reading to
children with reading difficulties who--
[(i) are at risk of being referred to
special education based on these
difficulties; or
[(ii) have been evaluated under
section 614 of the Individuals with
Disabilities Education act but, in
accordance with section 614(b)(5) of
such Act, have not been identified as
being a child with a disability (as
defined in section 602 of the such
Act).
[(J) Providing coordination of reading,
library, and literacy programs within the local
educational agency to avoid duplication and
increase the effectiveness of reading, library,
and literacy activities.
[(2) Limitation on administrative expenses.--A
recipient of a subgrant under this section may use not
more than 5 percent of the subgrant funds for
administrative costs.
[(e) Training Nonrecipients.--A recipient of a subgrant
under this section may train, on a fee-for-service basis,
personnel from schools, or local educational agencies, that are
not a beneficiary of,or receiving, such a subgrant, in the
instructional practices based on scientifically based reading
research used by the recipient. Such a nonrecipient school or
agency may use funds received under title I of this Act, and
other appropriate Federal funds used for reading the law under
which such funds were received.
[SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.
[(a) In General.--
[(1) Subgrants.--Except as provided in paragraph (4),
a State educational agency that receives a grant under
section 2253 shall make at least one subgrant on a
competitive basis to--
[(A) local educational agencies that have at
least one school in the geographic area served
by the agency that--
[(i) is located in an area designated
as an empowerment zone under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986; or
[(ii) is located in an area
designated as an enterprise community
under part I of subchapter U of chapter
1 of the Internal Revenue Code of 1986;
[(B) local educational agencies that have at
least one school that is identified for school
improvement under section 1116(c) in the
geographic area served by the agency;
[(C) local educational agencies with the
largest, or second largest, number of children
who are counted under section 1124(c), in
comparison to all other local educational
agencies in the State; or
[(D) local educational agencies with the
highest, or second highest, school-age child
poverty rate, in comparison to all other local
educational agencies in the State.
[For purposes of subparagraph (D), the term ``school-
age child poverty rate'' means the number of children
counted under section 1124(c) who are living within the
geographic boundaries of the local educational agency,
expressed as a percentage of the total number of
children aged 5-17 years living within the geographic
boundaries of the local educational agency.
[(2) Notification.--
[(A) To local educational agencies.--A State
educational agency shall provide notice to all
local educational agencies within the State
regarding the availability of the subgrants
under this section.
[(B) To providers and parents.--Not later
than 30 days after the date on which the State
educational agency provides notice under
subparagraph (A), each local educational agency
described in paragraph (1) shall, as a
condition on the agency's receipt of funds made
available under title I of this Act, provide
public notice to potential providers of
tutorial assistance operating in the
jurisdiction of the agency, and parents
residing in such jurisdiction, regarding the
availability of the subgrants under this
section.
[(3) Application.--A local educational agency that
desires to receive a subgrant under this section shall
submit an application to the State educational agency
at such time, in such manner, and including such
information as the agency may require. The application
shall include an assurance that the local educational
agency will use the subgrant funds to carry out the
duties described in subsection (b) for children
enrolled in any school selected by the agency that (A)
is described in paragraph (1)(A), (B) is described in
paragraph (1)(B), (C) has the largest, or second
largest, number of children who are counted under
section 1124(c), in comparison to all other schools in
the local educational agency, or (D) has the highest,
or second highest, school-age child poverty rate (as
defined in the second sentence of paragraph (1)), in
comparison to all other schools in the local
educational agency.
[(4) Exception.--If no local educational agency
within the State submits an application to receive a
subgrant under this section within the 6-month period
beginning on the date on which the State educational
agency provided notice to the local educational
agencies regarding the availability of the subgrants,
the State educational agency may use funds otherwise
reserved under 2254(2) for the purpose of providing
local reading improvement subgrants under section 2255
if the State educational agency certifies to the
Secretary that the requirements of paragraph (2) have
been met and each local educational agency in the State
described in subparagraph (B) of such paragraph has
demonstrated to the State educational agency that no
provider of tutorial assistance described in such
subparagraph requested the local educational agency to
submit under paragraph (3) an application for a
tutorial assistance subgrant.
[(b) Use of Funds.--
[(1) In general.--A local educational agency that
receives a subgrant under this section shall carry out,
using the funds provided under the subgrant, each of
the duties described in paragraph (2).
[(2) Duties.--The duties described in this paragraph
are the provision of tutorial assistance in reading,
before school, after school, on weekends, or during the
summer, to children who have difficulty reading, using
instructional practices based on scientifically based
reading research, through the following:
[(A) The creation and implementation of
objective criteria to determine in a uniform
manner the eligibility of tutorial assistance
providers and tutorial assistance programs
desiring to provide tutorial assistance
programs desiring to provide tutorial
assistance under the subgrant. Such criteria
shall include the following:
[(i) A record of effectiveness with
respect to reading readiness, reading
instruction for children in
kindergarten through 3d grade, and
early childhood literacy, as
appropriate.
[(ii) Location in a geographic area
convenient to the school or schools
attended by the children who will be
receiving tutorial assistance.
[(iii) The ability to provide
tutoring in reading to children who
have difficulty reading, using
instructional practices based on
scientifically based readingresearch
and consistent with the reading
instructional methods and content used
by the school the child attends.
[(B) The provision, to parents of a child
eligible to receive tutorial assistance
pursuant to this section, of multiple choices
among tutorial assistance providers and
tutorial assistance programs determined to be
eligible under the criteria described in
subparagraph (A). Such choices shall include a
school-based program and at least one tutorial
assistance program operated by a provider
pursuant to a contract with the local
educational agency.
[(C) The development of procedures--
[(i) for the provision of information
to parents of an eligible child
regarding such parents' choices for
tutorial assistance for the child;
[(ii) for considering children for
tutorial assistance who are identified
under subparagraph (D) and for whom no
parent has selected a tutorial
assistance provider or tutorial
assistance program that give such
parents additional opportunities to
select a tutorial assistance provider
or tutorial assistance program referred
to in subparagraph (B); and
[(iii) that permit a local
educational agency to recommend a
tutorial assistance provider or
tutorial assistance program in a case
where a parent asks for assistance in
the making of such selection.
[(D) The development of a selection process
for providing tutorial assistance in accordance
with this paragraph that limits the provision
of assistance to children identified, by the
school the child attends, as having difficulty
reading, including difficulty mastering
phonemic awareness, systematic phonics,
fluency, and reading comprehension.
[(E) The development of procedures for
selecting children to receive tutorial
assistance, to be used in cases where
insufficient funds are available to provide
assistance with respect to all children
identified by a school under subparagraph (D),
that--
[(i) give priority to children who
are determined, through State or local
reading assessments, to be most in need
of tutorial assistance; and
[(ii) give priority, in cases where
children are determined, through State
or local reading assessments, to be
equally in need of tutorial assistance,
based on a random selection principle.
[(F) The development of a methodology by
which payments are made directly to tutorial
assistance providers who are identified and
selected pursuant to this section and selected
for funding. Such methodology shall include the
making of a contract, consistent with State and
local law, between the provider and the local
educational agency. Such contract shall satisfy
the following requirements:
[(i) It shall contain specific goals
and timetables with respect to the
performance of the tutorial assistance
provider.
[(ii) It shall require the tutorial
assistance provider to report to the
local educational agency on the
provider's performance in meeting such
goals and timetables.
[(iii) It shall specify the
measurement techniques that will be
used to evaluate the performance of the
provider.
[(iv) It shall require the provider
to meet all applicable Federal, State,
and local health, safety, and civil
rights laws.
[(v) It shall ensure that the
tutorial assistance provided under the
contract is consistent with reading
instruction and content used by the
local educational agency.
[(vi) It shall contain an agreement
by the provider that information
regarding the identity of any child
eligible for, or enrolled in the
program, will not be publicly disclosed
without the permission of a parent of
the child.
[(vii) It shall include the terms of
an agreement between the provider and
the local educational agency with
respect to the provider's purchase and
maintenance of adequate general
liability insurance.
[(viii) It shall contain provisions
with respect to the making of payments
to the provider by the local
educational agency.
[(G) The development of procedures under
which the local educational agency carrying out
this paragraph--
[(i) will ensure oversight of the
quality and effectiveness of the
tutorial assistance provided by each
tutorial assistance provider that is
selected for funding;
[(ii) will provide for the
termination of contracts with
ineffective and unsuccessful tutorial
assistance providers (as determined by
the local educational agency based upon
the performance of the provider with
respect to the goals and timetables
contained in the contract between the
agency and the provider under
subparagraph (F));
[(iii) will provide to each parent of
a child identified under subparagraph
(D) who requests such information for
the purpose of selecting a tutorial
assistance provider for the child, in a
comprehensible format, information with
respect to the quality and
effectiveness of the tutorial
assistance referred to in clause (i);
[(iv) will ensure that each school
identifying a child under subparagraph
(D) will provide upon request, to a
parent of the child, assistance in
selecting, from among the tutorial
assistance providers who are identified
pursuant to subparagraph (B) the
provider who is best able to meet the
needs of the child;
[(v) will ensure that parents of a
child receiving tutorial assistance
pursuant to this section are informed
of their child's progress in the
tutorial program; and
[(vi) will ensure that it does not
disclose the name of any child who may
be eligible for tutorial assistance
pursuant to this section, the name of
any parent of such a child, or any
other personally identifiable
information about such a parent or
child, to any tutorial assistance
provider (excluding the agency itself),
without the prior written consent of
such parent.
[SEC. 2257. NATIONAL EVALUATION.
[From funds reserved under section 2260(b)(1), the
Secretary, through grants or contracts, shall conduct a
national assessment of the programs under this part. In
developing the criteria for the assessment, the Secretary shall
receive recommendations from the peer review panel convened
under section 2253(c)(2).
[SEC. 2258. INFORMATION DISSEMINATION.
[(a) In General.--From funds reserved under section
2260(b)(2), the National Institute for Literacy shall
disseminate information on scientifically based reading
research and information on subgrantee projects under section
2255 or 2256 that have proven effective. At a minimum, the
institute shall disseminate such information to all recipients
of Federal financial assistance under titles I and VII of this
Act, the Head Start Act, the Individuals with Disabilities
Education Act, and the Adult Education and Family Literacy Act.
[(b) Coordination.--In carrying out this section, the
National Institute for Literacy--
[(1) shall use, to the extent practicable,
information networks developed and maintained through
other public and private persons, including the
Secretary, the National Center for Family Literacy, and
the Readline Program;
[(2) shall work in conjunction with any panel
convened by the National Institute of Child Health and
Human Development and the Secretary and any panel
convened by the Office of Educational Research and
Improvement to assess the current status of research-
based knowledge on reading development, including the
effectiveness of various approaches to teaching
children to read, with respect to determining the
criteria by which the National Institute for Literacy
judges scientifically based reading research and the
design of strategies to disseminate such information;
and
[(3) may assist any State educational agency selected
to receive a grant under section 2253, and that
requests such assistance--
[(A) in determining whether applications
submitted under section 2253 meet the
requirements of this title relating to
scientifically based reading research; and
[(B) in the development of subgrant
application forms.
[SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.
[(a) State Evaluations.--
[(1) In general.--Each State educational agency that
receives a grant under section 2253 shall evaluate the
success of the agency's subgrantees in meeting the
purposes of this part. At a minimum, the evaluation
shall measure the extent to which students who are the
intended beneficiaries of the subgrants made by the
agency have improved their reading skills.
[(2) Contract.--A State educational agency shall
carry out the evaluation under this subsection by
entering into a contract with an entity that conducts
scientifically based reading research, under which
contract the entity will perform the evaluation.
[(3) Submission.--A State educational agency shall
submit the findings from the evaluation under this
subsection to the Secretary. The Secretary shall submit
a summary of the findings from the evaluations under
this subsection and the national assessment conducted
under section 2257 to the appropriate committees of the
Congress, including the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
[(b) Performance Reports.--A State educational agency that
receives a grant under section 2253 shall submit performance
reports to the Secretary pursuant to a schedule to be
determined by the Secretary, but not more frequently than
annually. Such reports shall include--
[(1) with respect to subgrants under section 2255,
the program or programs of reading instruction, based
on scientifically based reading research, selected by
subgrantees;
[(2) the results of use of the evaluation referred to
in section 2253(b)(2)(E)(iv); and
[(3) a description of the subgrantees receiving funds
under this part.
[SEC. 2260. AUTHORIZATIONS OR APPROPRIATIONS; RESERVATIONS FROM
APPROPRIATIONS; SUNSET.
[(a) Authorizations.--
[(1) FY 1999.--There are authorized to be
appropriated to carry out this part and section 1202(c)
$260,000,000 for fiscal year 1999.
[(2) FY 2000.--There are authorized to be
appropriated to carry out this part and section 1202(c)
$260,000,000 for fiscal year 2000.
[(b) Reservations.--From each of the amounts appropriated
under subsection (a) for a fiscal year, the Secretary--
[(1) shall reserve 1.5 percent to carry out section
2257(a);
[(2) shall reserve $5,000,000 to carry out section
2258; and
[(3) shall reserve $10,000,000 to carry out section
1202(c).
[(c) Sunset.--Notwithstanding section 422(a) of the General
Education Provisions Act, this part is not subject to extension
under such section.
[PART D--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT
[SEC. 2301. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) underlying the standards-driven framework of the
Goals 2000: Educate America Act and the high academic
standards for eligible students under title I is a
widespread need to prepare teachers to teach to higher
standards;
[(2) prospective and current teachers need knowledge
and skills beyond what such teachers currently possess;
[(3) while both the Goals 2000: Educate America Act
and titles I and II of this Act have extensive
references to professional development of teachers,
there are no provisions to incorporate ``on-the-
ground'' planning and implementation to serve as models
for local educational agencies across the Nation; and
[(4) better prepared teachers can lead to improved
student achievement, especially for students who are
furthest from reaching high standards.
[(b) Purpose.--It is the purpose of this part--
[(1) to address the need for professional development
with a primary focus on teachers;
[(2) to provide both prospective teachers and current
teachers opportunities to learn both the content and
the pedagogy needed to teach to high standards; and
[(3) to build models, in a few cities and States,
that demonstrate new organizational arrangements and
deep investments in teachers necessary to better
prepare teachers for new standards and assessments.
[SEC. 2302. DEMONSTRATION PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) In general.--The Secretary shall carry out a
demonstration project under which the Secretary awards
grants in accordance with this part to eligible
partnerships to enable such partnerships to plan and
implement professional development programs.
[(2) Program requirements.--The programs described in
paragraph (1)--
[(A) shall focus on increasing teachers'
knowledge and understanding of content by
providing teachers opportunities to improve
their knowledge and to improve their classroom
practice in order to help students meet high
academic standards;
[(B) shall include teachers at all career
stages, from student teachers or interns
through senior team leaders or department
chairs; and
[(C) may incorporate professional development
for principals, pupil services personnel,
aides, other school-based staff, and parents.
[(b) Eligible Partnerships.--For the purpose of this part,
the term ``eligible partnership'' means a partnership
consisting of--
[(1) a local educational agency, a subunit of such
agency, or a consortium of such agencies, in which not
less than 50 percent of the schools served by such
agency, subunit, or consortium are eligible to
participate in schoolwide programs under section 1114;
or
[(2) other partners that--
[(A) shall include, at a minimum, a teachers'
union (if appropriate), one or more
institutions of higher education which may
include faculty from schools of education and
faculty from schools of arts and sciences, and
a local parent or community council; and
[(B) may include a business partner or a
nonprofit organization with a demonstrated
record in staff development.
[SEC. 2303. GRANTS.
[(a) Authority.--
[(1) In general.--The Secretary shall award grants
for planning, and grants for the implementation of,
professional development programs under this part.
[(2) Distribution.--The Secretary shall award not
less than 75 percent of the funds available for grants
under this part to eligible partnerships serving the
schools with the greatest number of poor students. To
the extent possible, such grants shall be awarded to
eligible partnerships serving both rural and urban
school districts and in a manner that reflects
geographic and racial diversity.
[(3) Number of grants.--In the first year that the
Secretary awards grants under this part, the Secretary
shall award at least twice as many planning grants as
implementation grants in order to receive well-
developed plans for long-term funding under this part.
[(b) Grant Requirements.--
[(1) Duration.--The Secretary shall award--
[(A) planning grants under this part for a
period of not less than six months and not more
than nine months; and
[(B) implementation grants under this part
for a period of four fiscal years.
[(2) Amount.--The Secretary shall award grants under
this part in an amount determined on the basis of the
size of the program and the level of investment the
eligible partnership is making in teacher development
in the area served by the eligible partnership,
including local, State, and Federal funds and existing
higher education resources, except that no grant under
this part shall exceed $500,000 in any one fiscal year.
[SEC. 2304. PLAN.
[Each eligible partnership desiring assistance under this
part shall develop a plan for the program to be assisted under
this part. Such plan shall--
[(1) identify clearly how such plan, will support an
overall systemic reform strategy giving special
attention to the role of teacher preparation for new
standards and assessment;
[(2) describe the eligible partnership's
instructional objectives and how the professional
development activities will support such objectives;
[(3) specify the organizational arrangements and
delivery strategies to be used, such as teacher
centers, professional development schools, teacher
networks, and academic alliances, as well as the
curriculum for teachers;
[(4) specify the commitments the local educational
agencies, teacher's union, institutions of higher
education, or any other entity participating in such
partnership are prepared to make, not only to support
program activities such as release time, contractual
flexibility, support for interns or student teachers if
applicable, but also to sustain the central aspects of
the plan after the expiration of the grant; and
[(5) describe how the activities described under this
part will lead to districtwide policy and budget
changes.
[SEC. 2305. TECHNICAL ASSISTANCE.
[The Secretary is authorized to enter into an arrangement
with an intermediary organization to enable such organization
to provide technical assistance to eligible partnerships
receiving assistance under this part.
[SEC. 2306. MATCHING FUNDS.
[The Secretary shall give special priority to awarding
grants under this part to eligible partnerships that
demonstrate such partnership's ability to raise matching funds
from private sources.
[PART E--GENERAL PROVISIONS
[SEC. 2401. REPORTING AND ACCOUNTABILITY.
[(a) States.--Each State that receives funds under this
title (other than part C) shall submit a report to the
Secretary every three years, beginning with fiscal year 1997,
on the State's progress toward the performance indicators
identified in such State's plan, as well as on the
effectiveness of State and local activities assisted under this
title (other than part C).
[(b) Local Educational Agencies.--Each local educational
agency that receives funds under this part shall submit a
report to the State every three years, beginning with fiscal
year 1997, regarding the progress of such agency toward
performance indicators identified in such agency's activities
under this part.
[(c) Federal Evaluation.--The Secretary shall report to the
President and the Congress on the effectiveness of programs and
activities assisted under this part in accordance with section
14701.
[(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used
for construction or renovation of buildings, rooms, or any
other facilities.
[SEC. 2402. DEFINITIONS.
[As used in this title (other than part C)--
[(1) the term ``core academic subjects'' means those
subjects listed in the State plan under title III of
the Goals 2000: Educate America Act or under the third
National Education Goal as set forth in section 102(3)
of such Act;
[(2) the term ``performance indicators'' means
measures of specific outcomes that the State or local
educational agency identifies as assessing progress
toward the goal of ensuring that all teachers have the
knowledge and skills necessary to assist their students
to meet challenging State content standards and
challenging State student performance standards in the
core academic subjects, such as--
[(A) the degree to which licensure
requirements are tied to challenging State
content standards and challenging State student
performance standards;
[(B) specific increases in the number of
elementary and secondary teachers with strong
content backgrounds in the core academic
subjects;
[(C) incorporating effective strategies,
techniques, methods, and practices for meeting
the educational needs of diverse students,
including females, minorities, individuals with
disabilities, limited English proficient
individuals, and economically disadvantaged
individuals, in order to ensure that all
students have the opportunity to achieve
challenging student performance standards.
[(D) specific increases in the number of
teachers who are certified by the National
Board for Professional Teaching Standards or
other nationally recognized professional
teacher enhancement organizations; and
[(E) specific increases in the number of
teachers licensed in each core academic
subject;
[(3) the term ``sustained and intensive high-quality
professional development'' means professional
development activities that--
[(A) are tied to challenging State content
standards, challenging State student
performance standards, voluntary national
content standards or voluntary national student
performance standards;
[(B) reflect up-to-date research in teaching
and learning and include integrated content and
pedagogical components appropriate for students
with diverse learning needs;
[(C) incorporate effective strategies,
techniques, methods, and practices for meeting
the educational needs of diverse students,
including females, minorities, individuals with
disabilities, limited English proficient
individuals, and economically disadvantaged
individuals, in order to ensure that all
students have the opportunity to achieve
challenging student performance standards;
[(D) are of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom or the
administrator's performance on the job; and
[(E) recognize teachers as an important
source of knowledge that should inform and help
shape professional development; and
[(4) the term ``local'', when used with respect to
standards, means challenging content and student
performance standards in the core academic subjects (in
addition to challenging State content and student
performance standards approved by the State for title
I).]
TITLE II--TEACHERS
PART A--TEACHER QUALITY
SEC. 2101. PURPOSE.
The purpose of this part is to provide grants to State
educational agencies, local educational agencies, State
agencies for higher education, and eligible partnerships in
order to--
(1) increase student academic achievement and student
performance through such strategies as improving
teacher quality and increasing the number of highly
qualified teachers in the classroom; and
(2) hold local educational agencies and schools
accountable for improvements in student academic
achievement and student performance.
SEC. 2102. DEFINITIONS.
In this part:
(1) All students.--The term ``all students'' means
students from a broad range of backgrounds and
circumstances, including economically disadvantaged
students, students with diverse racial, ethnic, and
cultural backgrounds, students with disabilities,
students with limited English proficiency, and
academically talented students.
(2) Core academic subjects.--The term ``core academic
subjects'' means English, mathematics, science, foreign
languages, civics and government, economics, arts,
history, and geography.
(3) Highly qualified.--The term ``highly qualified''
means--
(A) with respect to an elementary school
teacher, a teacher--
(i)(I) with an academic major in the
arts and sciences; or
(II) who can demonstrate competence
through a high level of performance in
core academic subjects; and
(ii) who is certified or licensed by
the State involved; and
(B) with respect to a secondary school
teacher, a teacher--
(i)(I) with an academic major (or
courses totaling an equivalent number
of credit hours) in the academic
subject that the teacher teaches or a
related field;
(II) who can demonstrate a high level
of competence through rigorous academic
subject tests and achievement of a high
level of competence as described in
subclause (III);
(III) who can demonstrate a high
level of competence through a high
level of performance in the academic
subjects that the teacher teaches; and
(ii) who is certified or licensed by
the State.
(4) High need local educational agency.--The term
``high need local educational agency'' has the meaning
given the term in section 201(b) of the Higher
Education Act of 1965.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965.
(6) Out-of-field teacher.--The term ``out-of-field
teacher'' means a secondary school teacher who is
teaching an academic subject for which the teacher is
not highly qualified.
(7) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the
size involved.
(8) Professional development.--The term
``professional development'' means activities that--
(A) are an integral part of broad schoolwide
and districtwide educational improvement plans;
(B) enhance the ability of teachers and other
staff to--
(i) help all students meet
challenging State and local content and
student performance standards;
(ii) improve understanding and use of
student assessments by the teachers and
staff;
(iii) improve classroom management
skills; and
(iv) as appropriate, integrate
technology into the curriculum;
(C) are sustained, intensive, and school-
embedded;
(D) are tied to State content and student
performance standards;
(E) are of high quality and sufficient
duration to have a positive and lasting impact
on classroom instruction, and are not one-time
workshops; and
(F) are based on the best available research
on teaching and learning.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants to States, Local Educational Agencies, and
Eligible Partnerships.--There are authorized to be appropriated
to carry out this part (other than subpart 5) $3,000,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 6 succeeding fiscal years.
(b) National Programs.--There are authorized to be
appropriated to carry out subpart 5 (other than subsection (f))
$100,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
Subpart 1--Grants to States
SEC. 2111. ALLOTMENTS TO STATES.
(a) In General.--The Secretary shall make grants to States
with applications approved under section 2112 to pay for the
Federal share of carrying out the activities specified in
section 2113. Each grant shall consist of the allotment
determined for a State under subsection (b).
(b) Determination of Allotments.--
(1) Reservation of funds.--
(A) In general.--From the total amount
appropriated under section 2103(a) for a fiscal
year, the Secretary shall reserve--
(i) \1/2\ of 1 percent for payments
to the outlying areas, to be
distributed among the outlying areas on
the basis of their relative need, as
determined by the Secretary, for
activities authorized under this part
relating to teacher quality, including
professional development and teacher
hiring; and
(ii) \1/2\ of 1 percent for payments
to the Secretary of the Interior for
activities described in clause (i) in
schools operated or funded by the
Bureau of Indian Affairs.
(B) Limitation.--In reserving an amount for
the purposes described in clauses (i) and (ii)
of subparagraph (A) for a fiscal year, the
Secretary shall not reserve more than the total
amount the outlying areas and the schools
operated or funded by the Bureau of Indian
Affairs received for fiscal year 2001 under--
(i) section 2202(b) of this Act (as
in effect on the day before the date of
enactment of the Better Education for
Students and Teachers Act); and
(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as
enacted into law by section 1(a)(1) of
Public Law 106-554).
(2) State allotments.--
(A) Hold harmless.--
(i) In general.--Subject to
subparagraph (B), from the total amount
appropriated under section 2103(a) for
any fiscal year and not reserved under
paragraph (1), the Secretary shall
allot to each of the 50 States, the
District of Columbia, and the
Commonwealth of Puerto Rico an amount
equal to the total amount that such
State received for fiscal year 2001
under the authorities described in
paragraph (1)(B).
(ii) Ratable reduction.--If the total
amount appropriated under section
2103(a) for any fiscal year and not
reserved under paragraph (1) is
insufficient to pay the full amounts
that all States are eligible to receive
under clause (i) for the fiscal year,
the Secretary shall ratably reduce such
amounts for the fiscal year.
(B) Allotment of additional funds.--
(i) In general.--Subject to clause
(ii), for any fiscal year for which the
total amount appropriated under section
2103(a) and not reserved under
paragraph (1) exceeds the total amount
made available to the 50 States, the
District of Columbia, and the
Commonwealth of Puerto Rico for fiscal
year 2001 under the authorities
described in paragraph (1)(B), the
Secretary shall allot to each of those
States the sum of--
(I) an amount that bears the
same relationship to 50 percent
of the excess amount as the
number of individuals age 5
through 17 in the State, as
determined by the Secretary on
the basis of the most recent
satisfactory data, bears to the
number of those individuals in
all such States, as so
determined; and
(II) an amount that bears the
same relationship to 50 percent
of the excess amount as the
number of individuals age 5
through 17 from families with
incomes below the poverty line
in the State, as determined by
the Secretary on the basis of
the most recent satisfactory
data, bears to the number of
those individuals in all such
States, as so determined.
(ii) Exception.--No State receiving
an allotment under clause (i) may
receive less than \1/2\ of 1 percent of
the total excess amount allotted under
clause (i) for a fiscal year.
(3) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year,
the Secretary shall reallot the amount of the allotment
to the remaining States in accordance with this
subsection.
SEC. 2112. STATE APPLICATIONS.
(a) In General.--For a State to be eligible to receive a
grant under this part, the State educational agency shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
(b) Contents.--Each application submitted under this section
shall include the following:
(1) A description of how the activities to be carried
out by the State educational agency under this subpart
will be based on a review of relevant research and an
explanation of why the activities are expected to
improve student performance and outcomes.
(2) A description of how the State educational agency
will align activities assisted under this subpart with
State content and student performance standards and
State assessments.
(3) A description of how the State educational agency
will ensure that a local educational agency receiving a
subgrant to carry out subpart 2 will comply with the
requirements of such subpart.
(4) A description of how the State educational agency
will use funds made available under this part to
improve the quality of the State's teaching force and
the educational opportunities for students.
(5) A description of how the State educational agency
will coordinate professional development activities
authorized under this part with professional
development activities provided under other Federal,
State, and local programs, including those authorized
under--
(A) title I, part C of this title, part A of
title III, and title IV; and
(B) where applicable, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
and title II of the Higher Education Act of
1965.
(6) An assurance that the State educational agency
will consistently monitor the progress of each local
educational agency and school in the State in achieving
the purpose of this part and meeting the performance
objectives and measures described in section 2141.
(c) Approval.--The Secretary shall approve a State
application submitted to the Secretary under this section
unless the Secretary makes a written determination, within 90
days after receiving the application, that the application does
not meet the requirements of this Act.
SEC. 2113. STATE USE OF FUNDS.
(a) In General.--A State that receives a grant under section
2111 shall--
(1) reserve a portion of the funds made available
through the grant for State activities described in
subsection (b);
(2) reserve 95 percent of the funds to make subgrants
to local educational agencies as described in subpart
2; and
(3) reserve a portion of the funds to make subgrants
to local partnerships as described in subpart 3.
(b) State Activities.--The State educational agency for a
State that receives a grant under section 2111 shall use the
funds reserved under subsection (a)(1) to carry out 1 or more
of the following activities:
(1) Reforming teacher certification (including
recertification) or licensing requirements to ensure
that--
(A) teachers have the necessary subject
matter knowledge and teaching skills in the
academic subjects that the teachers teach;
(B) the requirements are aligned with
challenging State content standards; and
(C) teachers have the subject matter
knowledge and teaching skills necessary to help
students meet challenging State student
performance standards.
(2) Carrying out programs that provide support during
the initial teaching experience, such as programs that
provide mentoring, team teaching, reduced schedules,
and intensive professional development.
(3) Carrying out programs that establish, expand, or
improve alternative routes for State certification of
teachers for highly qualified individuals with a
baccalaureate degree, including mid-career
professionals from other occupations,
paraprofessionals, former military personnel, and
recent college or university graduates with records of
academic distinction who demonstrate the potential to
become highly effective teachers.
(4) Supporting activities to encourage and support
teachers seeking national board certification from the
National Board for Professional Teaching Standards or
other recognized entities.
(5) Developing and implementing effective mechanisms
to assist local educational agencies and schools in
effectively recruiting and retaining highly qualified
and effective teachers and principals.
(6) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States.
(7) Testing new teachers for subject matter
knowledge, and testing the teachers for State
certification or licensing, consistent with title II of
the Higher Education Act of 1965.
(8) Supporting activities that ensure that teachers
are able to use State content and student performance
standards and assessments to improve instructional
practices and improve student achievement and student
performance.
(9) Establishing teacher compensation systems based
on merit and proven performance.
(10) Reforming tenure systems.
(c) Coordination.--A State that receives a grant to carry out
this subpart and a grant under section 202 of the Higher
Education Act of 1965 shall coordinate the activities carried
out under this subpart and the activities carried out under
that section 202.
Subpart 2--Subgrants to Local Educational Agencies
SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--A State that receives a grant under section
2111 shall use the funds reserved under section 2113(a)(2) to
make subgrants to eligible local educational agencies to carry
out the activities specified in section 2123. Each subgrant
shall consist of the allocation determined for a local
educational agency under subsection (b).
(b) Determination of Allocations.--From the total amount made
available through the grant, the State shall allocate to each
of the eligible local educational agencies the sum of--
(1) an amount that bears the same relationship to 25
percent of the total amount as the number of
individuals age 5 through 17 in the geographic area
served by the agency, as determined by the Secretary on
the basis of the most recent satisfactory data, bears
to the number of those individuals in the geographic
areas served by all the local educational agencies in
the State, as so determined; and
(2) an amount that bears the same relationship to 75
percent of the total amount as the number of
individuals age 5 through 17 from families with incomes
below the poverty line, in the geographic area served
by the agency, as determined by the Secretary on the
basis of the most recent satisfactory data, bears to
the number of those individuals in the geographic areas
served by all the local educational agencies in the
State, as so determined.
SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.
(a) In General.--To be eligible to receive a subgrant under
this subpart, a local educational agency shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may reasonably require.
(b) Contents.--Each application submitted under this section
shall be based on the needs assessment required in subsection
(c) and shall include the following:
(1)(A) A description of the activities to be carried
out by the local educational agency under this subpart.
(B) A description of how the activities will be based
on a review of relevant research and an explanation of
why the activities are expected to improve student
performance and outcomes.
(2) A description of how the activities will have a
substantial, measurable, and positive impact on student
academic achievement and student performance and how
the activities will be used as part of a broader
strategy to eliminate the achievement gap that
separates low-income and minority students from other
students.
(3) An assurance that the local educational agency
will target funds to schools served by the local
educational agency that--
(A) have the lowest proportions of highly
qualified teachers;
(B) are identified for school improvement
under section 1116(c); or
(C) are identified for school improvement in
accordance with other measures of school
quality as determined and documented by the
local educational agency.
(4) A description of how the local educational agency
will coordinate professional development activities
authorized under this subpart with professional
development activities provided under other Federal,
State, and local programs, including those authorized
under--
(A) title I, part C of this title, part A of
title III, and title IV; and
(B) where applicable, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
and title II of the Higher Education Act of
1965.
(5) A description of the evaluation plan that the
local educational agency will carry out pursuant to
section 2141.
(6) A description of how the local educational agency
has collaborated with teachers, paraprofessionals,
principals, other relevant school personnel, and
parents in the preparation of the application.
(7) A description of the results of the needs
assessment described in subsection (c).
(8) A description of how the local educational agency
will address the ongoing professional development and
mentoring needs of teachers and administrators.
(c) Needs Assessment.--
(1) In general.--To be eligible to receive a subgrant
under this subpart, a local educational agency shall
conduct an assessment of local needs for professional
development and hiring, as identified by the local
educational agency and school staff.
(2) Requirements.--Such needs assessment shall be
conducted with the involvement of teachers, including
teachers receiving assistance under part A of title I,
and shall take into account the activities that need to
be conducted in order to give teachers and, where
appropriate, administrators, the means, including
subject matter knowledge and teaching skills, to
provide students with the opportunity to meet
challenging State and local student performance
standards.
SEC. 2123. LOCAL USE OF FUNDS.
(a) Special Rule.--
(1) In general.--A local educational agency that
receives a subgrant under section 2121 may use the
amount described in paragraph (2), of the funds made
available through the subgrant, to carry out activities
described in section 306 of the Department of Education
Appropriations Act, 2001 (as enacted into law by
section 1(a)(1) of Public Law 106-554).
(2) Amount.--The amount referred to in paragraph (1)
is the amount received by the agency under that section
306.
(b) Local Use of Funds.--A local educational agency that
receives a subgrant under section 2121 shall use the funds made
available through the subgrant to carry out 1 or more of the
following activities:
(1) Providing professional development activities
that improve the knowledge of teachers concerning--
(A) 1 or more of the core academic subjects
that the teachers teach;
(B) effective instructional strategies,
methods, and skills for improving student
academic achievement and student performance;
and
(C) effective use of State content and
student performance standards and assessments
to improve instructional practices and improve
student achievement and student performance.
(2) Mentoring.
(3) Providing teachers and principals with
opportunities for professional development through
institutions of higher education.
(4) Providing induction and support for teachers
during their first 3 years of teaching.
(5) Recruiting (including recruiting through the use
of scholarships, signing bonuses, or other financial
incentives, as well as accelerated paraprofessional-to-
teacher training programs and programs that attract
mid-career professionals from other professions),
hiring, and training regular and special education
teachers (which may include hiring special education
teachers to team-teach in classrooms that contain both
children with disabilities and nondisabled children,
and may include recruiting and hiring certified or
licensed teachers to reduce classsize), and teachers of
special needs children, who are highly qualified.
(6) Carrying out programs and activities related to--
(A) reform of teacher tenure systems;
(B) provision of merit pay for teachers; and
(C) testing of elementary school and
secondary school teachers in the academic
subjects that the teachers teach.
Subpart 3--Subgrants to Eligible Partnerships
SEC. 2131. SUBGRANTS.
(a) In General.--The State agency for higher education for a
State that receives a grant under section 2111, working in
conjunction with the State educational agency (if such agencies
are separate) shall use the funds reserved under section
2113(a)(3) to make subgrants, on a competitive basis, to
eligible partnerships to enable such partnerships to carry out
the activities described in section 2133.
(b) Distribution.--The State agency for higher education
shall ensure that--
(1) such subgrants are equitably distributed by
geographic area within a State; or
(2) eligible partnerships in all geographic areas
within the State are served through the subgrants.
(c) Special Rule.--No single participant in an eligible
partnership may use more than 50 percent of the funds made
available to the partnership under this section.
SEC. 2132. APPLICATIONS.
To be eligible to receive a subgrant under this subpart, an
eligible partnership shall submit an application to the State
agency for higher education at such time, in such manner, and
containing such information as the agency may require.
SEC. 2133. USE OF FUNDS.
(a) In General.--An eligible partnership that receives a
subgrant under section 2131 shall use the funds made available
through the subgrant for--
(1) professional development activities in core
academic subjects to ensure that teachers,
paraprofessionals, and, if appropriate, principals have
subject matter knowledge in the academic subjects that
the teachers teach; and
(2) developing and providing assistance to local
educational agencies and individuals who are teachers,
paraprofessionals, or principals of schools served by
such agencies, for sustained, high-quality professional
development activities that--
(A) ensure that the individuals are able to
use State content standards, performance
standards, and assessments to improve
instructional practices and improve student
academic achievement and student performance;
and
(B) may include intensive programs designed
to prepare such individuals who will return to
a school to provide instruction related to the
professional development described in
subparagraph (A) to other such individuals
within such school.
(b) Coordination.--An eligible partnership that receives a
subgrant to carry out this subpart and a grant under section
203 of the Higher Education Act of 1965 shall coordinate the
activities carried out under this subpart and the activities
carried out under that section 203.
SEC. 2134. DEFINITION.
In this subpart, the term ``eligible partnership'' means an
entity that--
(1) shall include--
(A) a private or State institution of higher
education and the division of the institution
that prepares teachers;
(B) a school of arts and sciences; and
(C) a high need local educational agency; and
(2) may include another local educational agency, a
public charter school, an elementary school or
secondary school, an educational service agency, a
nonprofit educational organization, another institution
of higher education, a school of arts and sciences
within such an institution, the division of such an
institution that prepares teachers, a nonprofit
cultural organization, an entity carrying out a
prekindergarten program, a teacher organization, or a
business.
Subpart 4--Accountability
SEC. 2141. EVALUATION PLAN FOR LOCAL EDUCATIONAL AGENCIES.
Each local educational agency receiving funds under this
part shall establish and include in the agency's application
submitted under section 2122(b) an evaluation plan that
requires evaluation of the agency and the schools served by the
agency with respect to--
(1) strong performance objectives and other measures
concerning--
(A)(i) increasing student academic
achievement and student performance for
allstudents as measured by the local
educational agency; and
(ii) increasing participation in sustained
professional development and mentoring;
(B) increasing teacher retention among
teachers in the first 3 years of their teaching
careers; and
(C) decreasing use of out-of-field teachers;
and
(2) other measures of improved student academic
achievement and student performance, as determined by
the local educational agency.
SEC. 2142. SANCTIONS FOR LOCAL EDUCATIONAL AGENCIES.
(a) Reports.--Each local educational agency receiving a
subgrant under this part shall annually prepare and submit to
the State educational agency a report describing the progress
of the local educational agency and the schools served by the
agency toward achieving the purpose of this part and meeting
the performance objectives and measures described in section
2141.
(b) Technical Assistance.--If a State educational agency
determines that a local educational agency in the State has
failed to make substantial progress toward achieving the
purpose and meeting the objectives and measures described in
subsection (a) by the end of the third year for which the local
educational agency receives funds under this part, the State
educational agency shall provide technical assistance--
(1) to the local educational agency; and
(2) if applicable, to schools served by the local
educational agency that need assistance to achieve the
purpose and meet the objectives and measures.
(c) Withholding of Funds.--If the State educational agency
determines that the local educational agency has failed to make
substantial progress toward achieving the purpose and meeting
the objectives and measures described in subsection (a) by the
end of the fifth year for which the local educational agency
receives funds under this part, the State educational agency
shall--
(1) withhold the allocation described in section
2121(b) from the local educational agency for 2 fiscal
years; and
(2) use the funds to carry out programs to assist the
local educational agency and schools served by the
local educational agency to achieve the purpose and
meet the objectives and measures.
Subpart 5--National Programs
SEC. 2151. NATIONAL PROGRAMS OF DEMONSTRATED EFFECTIVENESS.
(a) In General.--The Secretary shall use funds made available
under section 2103(b) to carry out each of the activities
described in subsections (b) through (e).
(b) School Leadership.--The Secretary shall award grants to
entities that are State educational agencies, local educational
agencies, institutions of higher education, or nonprofit
educational organizations, and consortia of such entities, to
enable such entities and consortia to recruit and train school
leaders (including principals and assistant principals),
provide mentorship for new school leaders, and provide ongoing
professional development to develop or enhance the leadership
skills of school leaders.
(c) Advanced Certification or Advanced Credentialing.--
(1) In general.--The Secretary shall support
activities to encourage and support teachers seeking
advanced certification or advanced credentialing
through high quality professional teacher enhancement
programs designed to improve teaching and learning,
including programs provided by the National Board for
Professional Teaching Standards.
(2) Implementation.--In carrying out paragraph (1),
the Secretary shall make grants to the National Board
for Professional Teaching Standards, State educational
agencies, local educational agencies, or individuals,
to promote outreach, teacher recruitment, teacher
subsidy, or teacher support programs related to teacher
certification by the National Board for Professional
Teaching Standards.
(d) Troops-to-Teachers Program.--
(1) Purpose.--The purpose of this subsection is to
authorize a mechanism for the funding and
administration of the Troops-to-Teachers Program
established by the Troops-to-Teachers Program Act of
1999 (title XVII of the National Defense Authorization
Act for Fiscal Year 2000).
(2) Transfer of funds for administration of
program.--To the extent that funds are made available
under this Act to the Secretary for the Troops-to-
Teachers Program, the Secretary shall use the funds to
enter into a contract with the Defense Activity for
Non-Traditional Education Support of the Department of
Defense. The Defense Activity shall use the amounts
made available through the contract to perform the
actual administration of the Troops-to-Teachers
Program, including theselection of participants in the
program under section 1704 of the Troops-to-Teachers
Program Act of 1999. The Secretary may retain a portion
of the funds to identify local educational agencies
with concentrations of children from low-income
families or with teacher shortages and States with
alternative certification or licensure requirements, as
required by section 1702 of such Act.
(e) Transition to Teaching.--The Secretary shall provide
assistance for activities to support the development and
implementation of national or regional programs to--
(1) recruit, prepare, place, and support mid-career
professionals who have knowledge and experience that
will help the professionals become highly qualified
teachers, through alternative routes to certification,
for high need local educational agencies; and
(2) help retain the professionals as classroom
teachers serving the local educational agencies for
more than 3 years.
(f) National Teacher Recruitment Campaign.--
(1) Grant.--The Secretary shall award a grant, on a
competitive basis, to a single national coalition of
teacher and media organizations, including the National
Teacher Recruitment Clearinghouse, to enable such
organizations to jointly conduct a national public
service campaign as described in paragraph (2).
(2) Use of funds.--A coalition that receives a grant
under paragraph (1) shall use amounts made available
under the grant to conduct a national public service
campaign concerning the resources for and routes to
entering the field of teaching. In conducting the
campaign, the coalition shall focus on providing
information both to a national audience and in specific
media markets, and shall specifically expand on,
promote, and link the coalition's outreach efforts to,
the information referral activities and resources of
the National Teacher Recruitment Clearinghouse.
(3) Application.--To be eligible to receive a grant
under this subsection, a coalition shall prepare and
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $3,000,0000 for fiscal year 2002 and each of
the 6 succeeding fiscal years.
PART B--MATHEMATICS AND SCIENCE PARTNERSHIPS
SEC. 2201. PURPOSE.
``The purpose of this part is to improve the performance of
students in the areas of mathematics and science by encouraging
States, institutions of higher education, elementary schools,
and secondary schools to participate in programs that--
(1) upgrade the status and stature of mathematics and
science teaching by encouraging institutions of higher
education to assume greater responsibility for
improving mathematics and science teacher education
through the establishment of a comprehensive,
integrated system of recruiting and advising such
teachers;
(2) focus on education of mathematics and science
teachers as a career-long process that should
continuously stimulate teachers' intellectual growth
and upgrade teachers' knowledge and skills;
(3) bring mathematics and science teachers in
elementary schools and secondary schools together with
scientists, mathematicians, and engineers to increase
the subject matter knowledge and improve the teaching
skills of teachers through the use of more
sophisticated laboratory equipment and space, computing
facilities, libraries, and other resources that
institutions of higher education are better able to
provide than the schools; and
(4) develop more rigorous mathematics and science
curricula that are aligned with State and local
standards and with the standards expected for
postsecondary study in mathematics and science,
respectively.
SEC. 2202. DEFINITIONS.
In this part:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that--
(A) shall include--
(i) a State educational agency;
(ii) a mathematics or science
department of an institution of higher
education; and
(iii) a local educational agency; and
(B) may include--
(i) another mathematics, science, or
teacher training department of an
institution of higher education;
(ii) another local educational
agency, or an elementary school or
secondary school;
(iii) a business; or
(iv) a nonprofit organization of
demonstrated effectiveness, including a
museum.
(2) High need local educational agency.--The term
``high need local educational agency'' has the meaning
given the term in section 201(b) of the Higher
Education Act of 1965.
(3) Summer workshop or institute.--The term ``summer
workshop or institute'' means a workshop or institute,
conducted during the summer, that--
(A) is conducted during a period of not less
than 2 weeks;
(B) provides for a program that provides
direct interaction between students and
faculty; and
(C) provides for followup training during the
academic year that--
(i) except as provided in clause (ii)
or (iii), shall be conducted in the
classroomfor a period of not less than
3 days, which may or may not be
consecutive;
(ii) if the program described in
subparagraph (B) is for a period of not
more than 2 weeks, shall be conducted
for a period of more than 3 days; or
(iii) if the program is for teachers
in rural school districts, may be
conducted through distance education.
Subpart 1--Grants to Partnerships
SEC. 2211. GRANTS AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants,
on a competitive basis, to eligible partnerships to enable the
eligible partnerships to pay the Federal share of the costs of
carrying out the authorized activities described in section
2213.
(b) Duration.--The Secretary shall award grants under this
section for a period of 5 years.
(c) Federal Share.--
(1) In general.--The Federal share of the costs of
the activities assisted under this subpart shall be--
(A) 75 percent of the costs for the first
year an eligible partnership receives a grant
payment under this subpart;
(B) 65 percent of the costs for the second
such year; and
(C) 50 percent of the costs for each of the
third, fourth, and fifth such years.
(2) Non-federal share.--The non-Federal share of the
costs may be provided in cash or in kind, fairly
evaluated.
(d) Priority.--In awarding grants under this subpart the
Secretary shall give priority to partnerships that include high
need local educational agencies.
SEC. 2212. APPLICATION REQUIREMENTS.
(a) In General.--Each eligible partnership desiring a grant
under this subpart shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require.
(b) Contents.--Each such application shall include--
(1) an assessment of the teacher quality and
professional development needs of all the schools and
agencies participating in the eligible partnership with
respect to the teaching and learning of mathematics and
science;
(2) a description of how the activities to be carried
out by the eligible partnership will be aligned with
State and local standards and with other educational
reform activities that promote student achievement in
mathematics and science;
(3) a description of how the activities to be carried
out by the eligible partnership will be based on a
review of relevant research, and an explanation of why
the activities are expected to improve student
performance and to strengthen the quality of
mathematics and science instruction; and
(4) a description of--
(A) how the eligible partnership will carry
out the authorized activities described in
section 2213; and
(B) the eligible partnership's evaluation and
accountability plan described in section 2214.
SEC. 2213. AUTHORIZED ACTIVITIES.
An eligible partnership shall use the grant funds provided
under this subpart for 1 or more of the following activities
related to elementary schools or secondary schools:
(1) Developing or redesigning more rigorous
mathematics and science curricula that are aligned with
State and local standards and with the standards
expected for postsecondary study in mathematics and
science, respectively.
(2) Creating opportunities for enhanced and ongoing
professional development that improves the subject
matter knowledge of mathematics and science teachers.
(3) Recruiting mathematics and science majors to
teaching.
(4) Promoting strong teaching skills for mathematics
and science teachers and teacher educators, including
integrating reliable scientifically based research
teaching methods into the curriculum.
(5) Establishing mathematics and science summer
workshops or institutes (including followup training)
for teachers, using curricula that are experiment-
oriented, content-based, and grounded in research that
is current as of the date of the workshop or institute
involved.
(6) Establishing distance learning programs for
mathematics and science teachers using curricula that
are experiment-oriented, content-based, and grounded in
research that is current as of the date of the program
involved.
(7) Designing programs to prepare a teacher at a
school to provide professional development to other
teachers at the school and to assist novice teachers at
such school, including (if applicable) amechanism to
integrate experiences from a summer workshop or
institute.
(8) Designing programs to bring teachers into contact
with working scientists.
SEC. 2214. EVALUATION AND ACCOUNTABILITY PLAN.
Each eligible partnership receiving a grant under this
subpart shall develop an evaluation and accountability plan for
activities assisted under this subpart that includes strong
performance objectives. The plan shall include objectives and
measures for--
(1) improved student performance on State mathematics
and science assessments or the Third International Math
and Science Study assessment;
(2) increased participation by students in advanced
courses in mathematics and science;
(3) increased percentages of secondary school classes
in mathematics and science taught by teachers with
academic majors in mathematics and science,
respectively; and
(4) increased numbers of mathematics and science
teachers who participate in content-based professional
development activities.
SEC. 2215. REPORT; REVOCATION OF GRANT.
(a) Report.--Each eligible partnership receiving a grant
under this subpart annually shall report to the Secretary
regarding the eligible partnership's progress in meeting the
performance objectives described in section 2214.
(b) Revocation.--If the Secretary determines that an eligible
partnership is not making substantial progress in meeting the
performance objectives described in section 2214 by the end of
the third year of a grant under this subpart, the grant
payments shall not be made for the fourth and fifth year of the
grant.
Subpart 2--Eisenhower Clearinghouse for Mathematics and Science
Education
SEC. 2221. CLEARINGHOUSE.
(a) Grant or Contract.--
(1) In general.--The Secretary, in consultation with
the Director of the National Science Foundation, may
award a grant or contract to an entity to continue the
operation of the Eisenhower National Clearinghouse for
Mathematics and Science Education (referred to in this
section as the `Clearinghouse'). The Secretary shall
award the grant or contract on a competitive basis, on
the basis of merit.
(2) Duration.--The grant or contract awarded under
paragraph (1) shall be awarded for a period of 5 years.
(b) Clearinghouse.--
(1) Use of funds.--An entity that receives a grant or
contract under subsection (a) shall use the funds made
available through the grant or contract to--
(A) maintain a permanent repository of
mathematics and science education instructional
materials and programs for elementary schools
and secondary schools, including middle
schools;
(B) compile information on all mathematics
and science education programs administered by
each Federal agency or department;
(C) disseminate instructional materials,
programs, and information to the public and
dissemination networks, including information
on model engineering, science, technology, and
mathematics teacher mentoring programs;
(D) coordinate activities with entities
operating identifiable databases containing
mathematics and science instructional materials
and programs, including Federal, non-Federal,
and, where feasible, international, databases;
(E) gather qualitative and evaluative data on
submissions to the Clearinghouse;
(F)(i) solicit and gather (in consultation
with the Department, national teacher
associations, professional associations, and
other reviewers and developers of instructional
materials and programs) qualitative and
evaluative materials and programs, including
full text and graphics, for the Clearinghouse;
(ii) review the evaluation of the materials
and programs, and rank the effectiveness of the
materials and programs on the basis of the
evaluations, except that nothing in this
subparagraph shall be construed to permit the
Clearinghouse to directly conduct an evaluation
of the materials or programs; and
(iii) distribute to teachers, in an easily
accessible manner, the results of the reviews
(in a short, standardized, and electronic
format that contains electronic links to an
electronic version of the qualitative and
evaluative materials and programs described in
clause (i)), excerpts of the materials and
programs, links to Internet-based sites, and
information regarding on-line communities of
persons who use the materials and programs; and
(G) develop and establish an Internet-based
site offering a search mechanism to assist site
visitors in identifying information available
through the Clearinghouse on engineering,
science, technology, and mathematics education
instructional materials and programs, including
electronic links to information on classroom
demonstrations and experiments, to teachers who
have used materials or participated in
programs, to vendors, to curricula, and to
textbooks.
(2) Submission to clearinghouse.--Each Federal agency
or department that develops mathematics or science
education instructional materials or programs,
including the National Science Foundation and the
Department, shall submit to the Clearinghouse copies of
such materials or programs.
(3) Steering committee.--The Secretary may appoint a
steering committee to recommend policies and activities
for the Clearinghouse.
(4) Application of copyright laws.--Nothing in this
section shall be construed to allow the use or copying,
in any medium, of any material collected by the
Clearinghouse that is protected under the copyright
laws of the United States unless the Clearinghouse
obtains the permission of the owner of the copyright.
The Clearinghouse, in carrying out this subsection,
shall ensure compliance with title 17, United States
Code.
(c) Application.--
(1) In general.--To be eligible to receive a grant or
contract under subsection (a) to operate the
Clearinghouse, an entity shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
(2) Peer review.--The Secretary shall establish a
peer review process to review the applications and
select the recipient of the award under subsection (a).
(d) Dissemination of Information.--The Secretary shall
disseminate information concerning the grant or contract
awarded under this section to State educational agencies, local
educational agencies, and institutions of higher education. The
information disseminated shall include examples of exemplary
national programs in mathematics and science instruction and
information on necessary technical assistance for the
establishment of similar programs.
(e) Report.--Not later than 2 years after the date of
enactment of the Better Education for Students and Teachers
Act, the National Academy of Sciences, in conjunction with
appropriate related associations and organizations, shall--
(1) conduct a study on the Clearinghouse to evaluate
the effectiveness of the Clearinghouse in conducting
the activities described in subsection (b)(1); and
(2) submit to Congress a report on the results of the
study, including any recommendations of the Academy
regarding the Clearinghouse.
Subpart 3--Preparing Tomorrow's Teachers To Use Technology
SEC. 2231. PURPOSE; PROGRAM AUTHORITY.
(a) Purpose.--It is the purpose of this subpart to assist
consortia of public and private entities in carrying out
programs that prepare prospective teachers to use advanced
technology to foster learning environments conducive to
preparing all students to meet challenging State and local
content and student performance standards.
(b) Program Authority.--
(1) In general.--The Secretary, acting through the
Director of the Office of Educational Technology, is
authorized to award grants, contracts, or cooperative
agreements on a competitive basis to eligible
applicants in order to pay for the Federal share of the
cost of assisting applicants in carrying out projects
to develop or redesign teacher preparation programs to
enable prospective teachers to use advanced technology
effectively in their classrooms.
(2) Period of awards.--The Secretary may award
grants, contracts, or cooperative agreements under this
subpart for a period of not more than 5 years.
SEC. 2232. ELIGIBILITY.
(a) Eligible Applicants.--In order to receive an award
under this subpart, an applicant shall be a consortium that
includes--
(1) at least 1 institution of higher education that
offers a baccalaureate degree and prepares teachers for
their initial entry into teaching;
(2) at least 1 State educational agency or local
educational agency; and
(3) 1 or more entities consisting of--
(A) an institution of higher education (other
than the institution described in paragraph
(1));
(B) a school or department of education at an
institution of higher education;
(C) a school or college of arts and sciences
at an institution of higher education;
(D) a professional association, foundation,
museum, library, for-profit business, public or
private nonprofit organization, community-based
organization, or other entity, with the
capacity to contribute to the technology-
related reform of teacher preparation programs.
(b) Application Requirements.--In order to receive an award
under this subpart, an eligible applicant shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. Such
application shall include--
(1) a description of the proposed project, including
how the project would ensure that individuals
participating in the project would be prepared to use
advanced technology to create learning environments
conducive to preparing all students, including girls
and students who have economic and educational
disadvantages, to meet challenging State and local
content and student performance standards;
(2) a demonstration of--
(A) the commitment, including the financial
commitment, of each of the members of the
consortium for the proposed project; and
(B) the active support of the leadership of
each organization that is a member of the
consortium for the proposed project;
(3) a description of how each member of the
consortium will be included in project activities;
(4) a description of how the proposed project will be
continued after Federal funds are no longer awarded
under this subpart; and
(5) a plan for the evaluation of the project, which
shall include benchmarks to monitor progress toward
specific project objectives.
(c) Matching Requirements.--
(1) In general.--The Federal share of the cost of any
project funded under this subpart shall not exceed 50
percent. Except as provided in paragraph (2), the non-
Federal share of the cost of such project may be
provided in cash or in kind, fairly evaluated,
including services.
(2) Acquisition of equipment.--Not more than 10
percent of the funds awarded for a project under this
subpart may be used to acquire equipment, networking
capabilities, or infrastructure, and the non-Federal
share of the cost of any such acquisition shall be
provided in cash.
SEC. 2233. USE OF FUNDS.
(a) Required Uses.--A recipient of an award under this
subpart shall use funds made available under this subpart for--
(1) a project that creates programs that enable
prospective teachers to use advanced technology to
create learning environments conducive to preparing all
students, including girls and students who have
economic and educational disadvantages, to meet
challenging State and local content and student
performance standards; and
(2) evaluating the effectiveness of the project.
(b) Permissible Uses.--The recipient may use funds made
available under this subpart for activities, described in the
application submitted by the recipient under this subpart, that
carry out the purpose of this subpart, such as--
(1) developing and implementing high-quality teacher
preparation programs that enable educators to--
(A) learn the full range of resources that
can be accessed through the use of technology;
(B) integrate a variety of technologies into
the classroom in order to expand students'
knowledge;
(C) evaluate educational technologies and
their potential for use in instruction; and
(D) help students develop their technical
skills and digital learning environments;
(2) developing alternative teacher development paths
that provide elementary schools and secondary schools
with well-prepared, technology-proficient educators;
(3) developing performance-based standards and
assessments aligned with the standards to measure the
capacity of prospective teachers to use technology
effectively in their classrooms;
(4) providing technical assistance to entities
carrying out other teacher preparation programs;
(5) developing and disseminating resources and
information in order to assist institutions of higher
education to prepare teachers to use technology
effectively in their classrooms; and
(6) subject to section 2232(c)(2), acquiring
equipment, networking capabilities, and infrastructure
to carry out the project.
Subpart 4--General Provisions
SEC. 2241. CONSULTATION WITH NATIONAL SCIENCE FOUNDATION.
In carrying out the activities authorized by this part, the
Secretary shall consult and coordinate activities with the
Director of the National Science Foundation, particularly with
respect to the appropriate roles for the Department and the
Foundation in the conduct of summer workshops or institutes
provided by the eligible partnerships to improve mathematics
and science teaching in elementary schools and secondary
schools.
SEC. 2242. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants.--There are authorized to be appropriated to carry
out subpart 1 $500,000,000 for fiscal year 2002 and such sums
as may be necessary for each of the 6 succeeding fiscal years.
(b) Clearinghouse.--There are authorized to be appropriated
to carry out subpart 2 $5,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 6 succeeding fiscal
years.
(c) Technology Preparation.--There are authorized to be
appropriated to carry out subpart 3 $150,000,000 for fiscal
year 2002 and such sums as may be necessary for each of the 6
succeeding fiscal years.
PART C--STATE AND LOCAL PROGRAMS FOR TECHNOLOGY USE IN CLASSROOMS
SEC. 2301. PURPOSE; GOAL.
(a) Purpose.--The purpose of this part is to support a
comprehensive system to effectively use technology in
elementary and secondary schools to improve student academic
achievement and performance.
(b) Goal.--A goal of this part shall also be to assist every
student in crossing the digital divide by ensuring that every
child is technologically literate by the time the child
finishes the 8th grade, regardless of the child's race,
ethnicity, gender, income, geography, or disability.
SEC. 2302. DEFINITIONS.
In this part:
(1) Adult education.--The term ``adult education''
has the meaning given the term in section 312(2) of the
Adult Education Act (20 U.S.C. 1201a(2)).
(2) All students.--The term ``all students'' means
students from a broad range of backgrounds and
circumstances, including disadvantaged students,
students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with
limited English proficiency, and academically talented
students.
(3) Child in poverty.--The term ``child in poverty''
means a child from a family with a family income below
the poverty line (as defined in section 2102).
(4) Information infrastructure.--The term
``information infrastructure'' means a network of
communication systems designed to exchange information
among all citizens and residents of the United States.
(5) Interoperable; interoperability.--The terms
``interoperable'' and ``interoperability'' mean the
ability to exchange data easily with, and connect to,
other hardware and software in order to provide the
greatest accessibility for all students and other
users.
(6) Public telecommunications entity.--The term
``public telecommunications entity'' has the meaning
given the term in section 397(12) of the Communications
Act of 1934 (47 U.S.C. 397(12)).
(7) State educational agency.--The term ``State
educational agency'' includes the Bureau of Indian
Affairs for purposes of serving schools funded by the
Bureau of Indian Affairs in accordance with this part.
(8) State library administrative agency.--The term
``State library administrative agency'' has the meaning
given the term in section 213(5) of the Library
Services and Technology Act (20 U.S.C. 9122(5)).
SEC. 2303. ALLOTMENT AND REALLOTMENT.
(a) Limitation.--From funds appropriated under this part, the
Secretary shall first reserve such sums as may be necessary for
grants awarded under section 3136 prior to the date of
enactment of the Better Education for Students and Teacher Act.
(b) Allotment.--
(1) In general.--Except as provided in paragraph (2),
each State educational agency shall be eligible to
receive a grant under this part for a fiscal year in an
amount which bears the same relationship to the amount
made available under section 2310 for such year as the
amount such State received under part A of title I for
such year bears to the amount received for such year
under such part by all States.
(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any
fiscal year in an amount which is less than \1/2\ of 1
percent of the amount made available under section 2310
for such year.
(c) Reallotment of Unused Funds.--
(1) In general.--The amount of any State educational
agency's allotment under subsection (b) for any fiscal
year which the State determines will not be required
for such fiscal year to carry out this part shall be
available for reallotment from time to time, on such
dates during such year as the Secretary may determine,
to other State educational agencies in proportion to
the original allotments tosuch State educational
agencies under subsection (b) for such year, but with
such proportionate amount for any of such other State
educational agencies being reduced to the extent such
amount exceeds the sum the State estimates such State
needs and will be able to use for such year.
(2) Other reallotments.--The total of reductions
under paragraph (1) shall be similarly reallotted among
the State educational agencies whose proportionate
amounts were not so reduced. Any amounts reallotted to
a State educational agency under this subsection during
a year shall be deemed a subpart of such agency's
allotment under subsection (b) for such year.
SEC. 2304. TECHNOLOGY GRANTS.
(a) Grants to States.--
(1) In general.--From amounts made available under
section 2303, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 2305.
(2) Use of grants.--
(A) Award to agencies.--Each State
educational agency receiving a grant under
paragraph (1) shall use such grant funds to
award grants, on a competitive basis, to local
educational agencies to enable such local
educational agencies to carry out the
activities described in section 2306.
(B) Sufficiency.--In awarding grants under
subparagraph (A), each State educational agency
shall ensure that each such grant is of
sufficient duration, and of sufficient size,
scope, and quality, to carry out the purposes
of this part effectively.
(C) Priority.--In awarding the grants, each
State educational agency shall give priority to
the local educational agencies serving the
school districts that have the highest number
or percentage of children in poverty.
(D) Distribution.--In awarding the grants,
each State educational agency shall assure an
equitable distribution of assistance under this
part among urban and rural areas of the State,
according to the demonstrated need of the local
educational agencies serving the areas.
(b) Technical Assistance.--Each State educational agency
receiving a grant under subsection (a) shall--
(1) identify the local educational agencies served by
the State educational agency that--
(A) have the highest number or percentage of
children in poverty; and
(B) demonstrate to such State educational
agency the greatest need for technical
assistance in developing the application under
2307; and
(2) offer such technical assistance to such local
educational agencies.
SEC. 2305. STATE APPLICATION.
To receive a grant under this part, each State educational
agency shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require, including a systemic
statewide educational technology plan that--
(1) outlines the long-term strategies for improving
student performance and student academic achievement
through the effective use of technology in classrooms
throughout the State;
(2) outlines long-term strategies for financing
technology education in the State and describes how
business, industry, and other public and private
agencies, including libraries, library literacy
programs, and institutions of higher education, can
participate in the implementation, ongoing planning,
and support of the plan; and
(3) meets such other criteria as the Secretary may
establish in order to enable such agency to provide
assistance to local educational agencies that have the
highest numbers or percentages of children in poverty
and demonstrate the greatest need for technology, in
order to enable such local educational agencies, for
the benefit of school sites served by such local
educational agencies, to improve student academic
achievement and student performance.
SEC. 2306. LOCAL USES OF FUNDS.
(a) In General.--Each local educational agency, to the extent
possible, shall use the funds made available under section
2304(a)(2) for--
(1) developing, adapting, or expanding existing and
new applications of technology to support the school
reform effort to improve student academic achievement
and student performance;
(2) providing ongoing professional development in the
integration of quality educational technologies into
school curriculum;
(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardwareand
software, for use by teachers, students, and school
library media personnel in the classroom or in school
library media centers, in order to improve student
academic achievement and student performance;
(4) acquiring connectivity with wide area networks
for purposes of accessing information and educational
programming sources, particularly with institutions of
higher education and public libraries;
(5) providing educational services for adults and
families; and
(6) repairing and maintaining school technology
equipment.
(b) Special Rule.--A local educational agency receiving a
grant under this part shall use at least 30 percent of
allocated funds for professional development.
SEC. 2307. LOCAL APPLICATION.
(a) Application.--Each local educational agency desiring
assistance from a State educational agency under section
2304(a)(2) shall submit an application, consistent with the
objectives of the systemic statewide plan, to the State
educational agency at such time, in such manner, and
accompanied by such information as the State educational agency
may reasonably require. Such application, at a minimum, shall
include an updated version of a strategic, long-range plan (3
to 5 years) that includes--
(1) a description of how the activities to be carried
out by the local educational agency under this part
will be based on a review of relevant research and an
explanation of why the activities are expected to
improve student achievement;
(2) an explanation of how the acquired technologies
will be integrated into the curriculum to help the
local educational agency improve student academic
achievement, student performance, and teaching;
(3) a description of the type of technologies to be
acquired, including specific provisions for
interoperability among components of such technologies
and, to the extent practicable, with existing
technologies;
(4) an explanation of how programs will be developed
in collaboration with existing adult literacy service
providers to maximize the use of such technologies;
(5) a description of how the local educational agency
will ensure ongoing, sustained professional development
for teachers, administrators, and school library media
personnel served by the local educational agency to
further the effective use of technology in the
classroom or library media center, including a list of
those entities that will partner with the local
educational agency in providing ongoing sustained
professional development;
(6) a description of the supporting resources, such
as services, software, and print resources, which will
be acquired to ensure successful and effective use of
technologies acquired under this part;
(7) the projected cost of technologies to be acquired
and related expenses needed to implement the plan;
(8) a description of how the local educational agency
will coordinate the technology provided pursuant to
this part with other grant funds available for
technology from other Federal, State, and local
sources;
(9) a description of a process for the ongoing
evaluation of how technologies acquired under this part
will be integrated into the school curriculum; and will
affect student academic achievement and student
performance as related to challenging State content
standards and State student performance standards in
all subjects; and
(10) a description of the evaluation plan that the
local educational agency will carry out pursuant to
section 2308(a).
(b) Formation of Consortia.--A local educational agency for
any fiscal year may apply for financial assistance as part of a
consortium with other local educational agencies, institutions
of higher education, intermediate educational units, libraries,
or other educational entities appropriate to provide local
programs. The State educational agency may assist in the
formation of consortia among local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities to
provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
(c) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance
under this section has developed a comprehensive education
improvement plan, the State educational agency may approve such
plan, or a component of such plan if the State educational
agency determines that such approval would further the purposes
of this part.
SEC. 2308. ACCOUNTABILITY.
(a) Evaluation Plan.--Each local educational agency
receiving funds under this part shall establish and include in
the agency's application submitted under section 2307 an
evaluation plan that requires evaluation of the agency and the
schools served by the agency with respect to strong performance
objectives and other measures concerning--
(1) increased professional development in the
effective use of technology in educating students with
the goal of improving student academic achievement and
student performance;
(2) increased access to technology in the classroom,
especially in low-income schools; and
(3) other indicators reflecting increased student
academic achievement or student performance.
(b) Report.--Each local educational agency receiving a
grant under this part shall annually prepare and submit to the
State educational agency a report regarding the progress of the
local educational agency and the schools served by the local
educational agency toward achieving the purposes of this part
and meeting the performance objectives and measures described
in this section.
(c) Sanction.--If after 3 years, the local educational
agency does not show measurable improvements in all of the
areas, the local educational agency shall not receive funds for
the remaining grant years.
(d) Assistance.--The State educational agency shall provide
technical assistance to the local educational agency to assist
them in meeting the performance objectives and measures
described in this section.
SEC. 2309. NATIONAL EDUCATION TECHNOLOGY PLAN.
(a) In General.--Not later than 12 months after the date of
enactment of this section, the Secretary shall prepare the
national long-range plan that supports the overall national
technology policy. The Secretary shall update such plan
periodically when appropriate.
(b) Consultation.--In preparing the plan described in
subsection (a), the Secretary shall consult with other Federal
departments or agencies, State and local education
practitioners, and policymakers, including teachers,
principals, and superintendents, experts in technology and the
applications of technology to education, representatives of
distance learning consortia, representatives of
telecommunications partnerships receiving assistance under the
Star Schools Act or the Technology Challenge Fund program, and
providers of technology services and products.
(c) Submission; Publication.--Upon completion of the plan
described in subsection (a), the Secretary shall--
(1) submit such plan to the President and to the
appropriate committees of Congress; and
(2) publish such plan in a form that is readily
accessible to the public, including on the Internet.
(d) Content of the Plan.--The plan described in subsection
(a) shall describe the following:
(1) Effective use.--The plan shall describe the
manner in which the Secretary will encourage the
effective use of technology to provide all students the
opportunity to achieve challenging State academic
content standards and challenging State student
performance standards, especially through programs
administered by the Department.
(2) Joint activities.--The plan shall describe joint
activities in support of the overall national
technology policy to be carried out with other Federal
departments or agencies, such as the Office of Science
and Technology Policy, the National Endowment for the
Humanities, the National Endowment for the Arts, the
National Institute for Literacy, the National
Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs, and
the Departments of Commerce, Energy, Health and Human
Services, and Labor--
(A) to promote the use of technology in
education, training, and lifelong learning,
including plans for the educational uses of a
national information infrastructure; and
(B) to ensure that the policies and programs
of such departments or agencies facilitate the
use of technology for educational purposes, to
the extent feasible.
(3) Collaboration.--The plan shall describe the
manner in which the Secretary will work with educators,
State and local educational agencies, and appropriate
representatives of the private sector, including the
Universal Service Administrative Company, to facilitate
the effective use of technology in education.
(4) Promoting access.--The plan shall describe the
manner in which the Secretary will promote--
(A) higher academic achievement and
performance of all students through the
integration of technology into the curriculum;
(B) increased access to the benefits of
technology for teaching and learning for
schools with a high number or percentage of
children from low-income families;
(C) the use of technology to assist in the
implementation of State systemic reform
strategies;
(D) the application of technological advances
to use in improving educational opportunities;
(E) increased access to high quality adult
and family education services through the use
of technology for instruction and professional
development; and
(F) increased opportunities for the
professional development of teachers in the use
of new technologies.
(5) Guidelines.--The plan shall describe the manner
in which the Secretary will determine, in consultation
with appropriate individuals, organizations,
industries, and agencies, the feasibility and
desirability of establishing guidelines to facilitate
an easy exchange of data and effective use of
technology in improving educational opportunities.
(6) Exchange.--The plan shall describe the manner in
which the Secretary will promote the exchange of
information among States, local educational agencies,
schools, consortia, and other entities concerning the
effective use of technology in improving educational
opportunities.
(7) Goals.--The plan shall describe the Secretary's
long-range measurable goals and objectives relating to
the purposes of this part.
SEC. 2310. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this part $1,000,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 6 succeeding
fiscal years.
(b) Limitation.--Not more than 5 percent of the funds made
available to a recipient under this part for any fiscal year
may be used by such recipient for administrative costs or
technical assistance.
PART D--PORTABILITY OF TEACHER PENSIONS AND CREDENTIALS
SEC. 2401. DEFINITION.
In this part, the term ``pension'' means a pension provided
under an employee pension benefit plan, as defined in section
3(2) of the Employee Retirement Income Security Act of 1974.
SEC. 2402. NATIONAL PANEL ON PORTABILITY OF TEACHER PENSIONS AND
CREDENTIALS.
(a) Establishment.--There is established a panel to be known
as the National Panel on Portability of Teacher Pensions and
Credentials (referred to in this section as the ``panel'').
(b) Membership.--The panel shall be composed of members
appointed by the Secretary. The Secretary shall appoint the
members from among practitioners and experts with experience
relating to teacher pensions and credentials, such as pension
managers, teachers, members of teacher certification or
licensing bodies, faculty of institutions of higher education
that prepare teachers, and State policymakers with such
experience.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the panel. Any vacancy in the panel
shall not affect the powers of the panel, but shall be filled
in the same manner as the original appointment.
(d) Duties.--
(1) Study.--The panel shall study various options for
increasing the reciprocity of recognition of teacher
credentials, and the portability of teacher pensions,
between States.
(2) Report.--Not later than 1 year after the date on
which all members of the panel have been appointed, the
panel shall submit to the Secretary and to the
appropriate committees of Congress a report containing
the results of the study.
(e) Powers.--
(1) Hearings.--The panel may hold such hearings, sit
and act at such times and places, take such testimony,
and receive such evidence as the panel considers
advisable to carry out the objectives of this section.
(2) Information from federal agencies.--The panel may
secure directly from any Federal department or agency
such information as the panel considers necessary to
carry out the provisions of this section. Upon request
of a majority of the members of the panel, the head of
such department or agency shall furnish such
information to the panel.
(3) Postal services.--The panel may use the United
States mails in the same manner and under the same
conditions as other departments and agencies of the
Federal Government.
(f) Personnel.--
(1) Travel expenses.--The members of the panel shall
not receive compensation for the performance of
services for the panel, but shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the panel.
Notwithstanding section 1342 of title 31, United States
Code, the Secretary may accept the voluntary and
uncompensated services of members of the panel.
(2) Detail of government employees.--Any Federal
Government employee may be detailed to the panel
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(g) Permanent Committee.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the panel.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002.
(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until
expended.
[TITLE III--TECHNOLOGY FOR EDUCATION
[SEC. 3101. SHORT TITLE.
[This title may be cited as the ``Technology for Education
Act of 1994''.
PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS
[SEC. 3111. FINDINGS.
[The Congress finds that--
[(1) technology can produce far greater opportunities
for all students to learn to high standards, promote
efficiency and effectiveness in education, and help
propel our Nation's school systems into very immediate
and dramatic reform, without which our Nation will not
meet the National Education Goals by the target year
2000;
[(2) the use of technology as a tool in the teaching
and learning process is essential to the development
and maintenance of a technologically literate citizenry
and an internationally competitive workforce;
[(3) the acquisition and use of technology in
education throughout the United States has been
inhibited by--
[(A) the absence of Federal leadership;
[(B) the inability of many State and local
educational agencies to invest in and support
needed technologies;
[(C) the limited exposure of students and
teachers to the power of technology as a cost-
effective tool to improve student learning and
achievement;
[(D) the lack of appropriate electrical and
telephone connections in the classroom; and
[(E) the limited availability of appropriate
technology-enhanced curriculum, instruction,
professional development, and administrative
support resources and services in the
educational marketplace;
[(4) policies at the Federal, State, and local levels
concerning technology in education must address
disparities in the availability of technology to
different groups of students, give priority to serving
students in greatest need, and recognize that
educational telecommunications and technology can
address educational equalization concerns and school
restructuring needs by providing universal access to
high-quality teaching and programs, particularly in
urban and rural areas;
[(5) the increasing use of new technologies and
telecommunications systems in business has increased
the gap between schooling and work force preparation,
and underscores the need for technology policies at the
Federal, State, tribal, and local levels that address
preparation for school-to-work transitions;
[(6) technology can enhance the ongoing professional
development of teachers and administrators by providing
constant access to updated research in teaching and
learning by means of telecommunications, and, through
exposure to technology advancements, keep teachers and
administrators excited and knowledgeable about
unfolding opportunities for the classroom;
[(7) planned and creative uses of technology,
combined with teachers adequately trained in the use of
technology, can reshape our Nation's traditional method
of providing education and empower teachers to create
an environment in which students are challenged through
rigorous, rich classroom instruction provided at a pace
suited to each student's learning style, and in which
students have increased opportunities to develop higher
order thinking and technical skills;
[(8) schools need new ways of financing the
acquisition and maintenance of educational technology;
[(9) the needs for educational technology differ from
State to State;
[(10) technology can provide students, parents,
teachers, other education professionals, communities,
and industry with increased opportunities for
partnerships and with increased access to information,
instruction, and educational services in schools and
other settings, including homes, libraries, preschool
and child-care facilities, adult and family education
programs, and postsecondary institutions;
[(11) the Department, consistent with the overall
national technology policy established by the
President, must assume a vital leadership and
coordinating role in developing the national vision and
strategy to infuse advanced technology throughout all
educational programs;
[(12) Federal support can ease the burden at the
State and local levels by enabling the acquisition of
advanced technology and initiating the development of
teacher training and support as well as new educational
products;
[(13) leadership at the Federal level should consider
guidelines to ensure that educational technology is
accessible to all users with maximum interoperability
nationwide;
[(14) the rapidly changing nature of technology
requires coordination and flexibility in Federal
leadership; and
[(15) technology has the potential to assist and
support the improvement of teaching and learning in
schools and other settings.
[SEC. 3112. STATEMENT OF PURPOSE.
[The purpose of this part is to support a comprehensive
system for the acquisition and use by elementary and secondary
schools in the United States of technology and technology-
enhanced curricula, instruction, and administrative support
resources and services to improve the delivery of educational
services. Such system shall include--
[(1) national leadership with respect to the need
for, and the provision of, appropriate technology-
enhanced curriculum, instruction, and administrative
programs to improve learning in the United States, and
to promote equal access for all students to educational
opportunities in order to achieve the National
Educational Goals by the year 2000;
[(2) funding mechanisms which will support the
development, interconnection, implementation,
improvement, and maintenance of an effective
educational technology infrastructure, including
activities undertaken by State and local educational
agencies to promote and provide equipment, training for
teachers and school library and media personnel, and
technical support;
[(3) support for technical assistance, professional
development, information and resource dissemination, in
order to help States, local educational agencies,
teachers, school library and media personnel, and
administrators successfully integrate technology into
kindergarten through 12th grade classrooms and library
media centers;
[(4) support for the development of educational and
instructional programming in core subject areas, which
shall address the National Education Goals;
[(5) strengthening and building upon, but not
duplicating, existing telecommunications
infrastructures dedicated to educational purposes;
[(6) development and evaluation of new and emerging
educational technologies, telecommunications networks,
and state-of-the-art educational technology products
that promote the use of advanced technologies in the
classroom and school library media center;
[(7) assessment data regarding state-of-the-art uses
of technologies in United States education upon which
commercial and noncommercial telecommunications
entities, and governments can rely for decisionmaking
about the need for, and provision of, appropriate
technologies for education in the United States;
[(8) ensuring that uses of educational technology are
consistent with the overall national technology policy
established by the President, and ensuring that Federal
technology-related policies and programs will
facilitate the use of technology in education;
[(9) ensuring that activities supported under this
part will form the basis for sound State and local
decisions about investing in, sustaining, and expanding
uses of technology in education;
[(10) establishing working guidelines to ensure
maximum interoperability nationwide and ease of access
for the emerging technologies so that no school system
will be excluded from the technological revolution;
[(11) ensuring that, as technological advances are
made, the educational uses of these advances are
considered and their applications are developed; and
[(12) encouragement of collaborative relationships
among the State agency for higher education, the State
library administrative agency, the State
telecommunications agency, and the State educational
agency, in the area of technology support to strengthen
the system of education.
[SEC. 3113. DEFINITIONS.
[For purposes of this title--
[(1) the term ``adult education'' has the same
meaning given such term by section 203 of the Adult
Education and Family Literacy Act;
[(2) the term ``all students'' means students from a
broad range of backgrounds and circumstances, including
disadvantaged students, students with diverse racial,
ethnic, and cultural backgrounds, students with
disabilities, students with limited English
proficiency, students who have dropped out of school,
and academically talented students;
[(3) the term ``information infrastructure'' means a
network of communication systems designed to exchange
information among all citizens and residents of the
United States;
[(4) the term ``instructional programming'' means the
full range of audio and video data, text, graphics, or
additional state-of-the-art communications, including
multimedia based resources distributed through
interactive, command and control, or passive methods
for the purpose of education and instruction;
[(5) the terms ``interoperable'' and
``interoperability'' mean the ability to exchange
easily data with, and connect to, other hardware and
software in order to provide the greatest accessibility
for all students and other users;
[(6) the term ``Office'' means the Office of
Educational Technology;
[(7) the term ``public telecommunications entity''
has the same meaning given to such term by section
397(12) of the Communications Act of 1934;
[(8) the term ``regional educational laboratory''
means a regional educational laboratory supported under
section 941(b) of the Educational, Research,
Development, Dissemination, and Improvement Act of
1994;
[(9) the term ``State educational agency'' includes
the Bureau of Indian Affairs for purposes of serving
schools funded by the Bureau of Indian Affairs in
accordance with this part;
[(10) the term ``State library administrative
agency'' has the same meaning given to such term in
section 3 of the Library Services and Construction Act;
and
[(11) the term ``technology'' means state-of-the-art
technology products and services, such as closed
circuit television systems, educational television and
radio programs and services, cable television,
satellite, copper and fiber optic transmission,
computer hardware and software, video and audio laser
and CD-ROM discs, and video and audio tapes.
[SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
[(a) Authorization of Appropriations.--
[(1) Subparts 1, 2, and 3.--There are authorized to
be appropriated $200,000,000 for fiscal year 1995 and
such sumsas may be necessary for each of the four
succeeding fiscal years to carry out subparts 1, 2, and
3, of which--
[(A)(i) $3,000,000 shall be available to
carry out subpart 1 (National Programs for
Technology in Education) for any such year for
which the amount appropriated under this
subsection is less than $75,000,000; and
[(ii) $5,000,000 shall be available to carry
out subpart 1 for any such year for which the
amount appropriated under this subsection is
equal to or greater than $75,000,000;
[(B) $10,000,000 shall be available to carry
out subpart 3 (Regional Technical Support and
Professional Development) for each such year;
and
[(C) the remainder shall be available to
carry out subpart 2 (State and Local Programs
for School Technology Resources) for each such
year.
[(2) Subpart 4.--For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$50,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal
years.
[(b) funding Rule.--
[(1) Appropriations of less than $75,000,000.--For
any fiscal year for which the amount appropriated under
subsection (a)(1) is less than $75,000,000, from the
remainder of funds made available under subsection
(a)(1)(C) the Secretary shall award grants for the
National Challenge Grants in accordance with section
3136.
[(2) Appropriations equal to or greater than
$75,000,000.--For any fiscal year for which the amount
appropriated under subsection (a)(1) is equal to or
greater than $75,000,000, from the remainder of funds
made available under subsection (a)(1)(C) the Secretary
shall award grants to State educational agencies from
allotments under section 3131, except that the
Secretary may reserve, from such remainder, such funds
as the Secretary determines necessary to meet
outstanding obligations for such fiscal year to
continue the National Challenge Grants for Technology
awarded under section 3136.
[SEC. 3115. LIMITATION ON COSTS.
[Not more than 5 percent of the funds under this part that
are made available to a recipient of funds under this part for
any fiscal year may be used by such recipient for
administrative costs or technical assistance.
[Subpart 1--National Programs for Technology in Education
[SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
[(a) In General.--The Secretary shall develop and publish
not later than 12 months after the date of the enactment of the
Improving America's Schools Act of 1994, and update when the
Secretary determines appropriate, a national long-range plan
that supports the overall national technology policy and
carries out the purposes of this part.
[(b) Plan Requirements.--The Secretary shall--
[(1) develop the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners and
policymakers, experts in technology and the
applications of technology to education,
representatives of distance learning consortia,
representatives of telecommunications partnerships
receiving assistance under the Star Schools Act, and
providers of technology services and products;
[(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
[(3) publish such plan in a form that is readily
accessible to the public.
[(c) Contents of the Plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this title, including--
[(1) how the Secretary will encourage the effective
use of technology to provide all students the
opportunity to achieve State content standards and
State student performance standards, especially through
programs administered by the Department;
[(2) joint activities in support of the overall
national technology policy with other Federal
departments or agencies, such as the Office of Science
and Technology Policy, the National Endowment for the
Humanities, the National Endowment for the Arts, the
National Institute for Literacy, the National
Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs, and
the Departments of Commerce, Energy, Health and Human
Services, and Labor--
[(A) to promote the use of technology in
education, training, and lifelong learning,
including plans for the educational uses of a
national information infrastructure; and
[(B) to ensure that the policies and programs
of such departments or agencies facilitate the
use of technology for educational purposes, to
the extent feasible;
[(3) how the Secretary will work with educators,
State and local educational agencies, and appropriate
representatives of the private sector to facilitate the
effective use of technology in education;
[(4) how the Secretary will promote--
[(A) higher achievement of all students
through the integration of technology into the
curriculum;
[(B) increased access to the benefits of
technology for teaching and learning for
schools with a high number or percentage of
children from low-income families;
[(C) the use of technology to assist in the
implementation of State systemic reform
strategies;
[(D) the application of technological
advances to use in education;
[(E) increased access to high quality adult
and family education services through the use
of technology for instruction and professional
development; and
[(F) increased opportunities for the
professional development of teachers in the use
of new technologies;
[(5) how the Secretary will determine, in
consultation with appropriate individuals,
organizations, industries, and agencies, the
feasibility and desirability of establishing guidelines
to facilitate an easy exchange of data and effective
use of technology in education;
[(6) how the Secretary will promote the exchange of
information among States, local educational agencies,
schools, consortia, and other entities concerning the
effective use of technology in education;
[(7) how the Secretary will utilize the outcomes of
the evaluation undertaken pursuant to section 3123 to
promote the purposes of this part; and
[(8) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
[SEC. 3122. FEDERAL LEADERSHIP.
[(a) Program Authorized.--In order to provide Federal
leadership in promoting the use of technology in education, the
Secretary, in consultation with the National Science
Foundation, the Department of Commerce, the United States
National Commission on Libraries and Information Sciences, and
other appropriate Federal agencies, may carry out activities
designed to achieve the purposes of this part directly or by
awarding grants or contracts competitively and pursuant to a
peer review process to, or entering into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, or other public and private nonprofit or
for-profit agencies and organizations.
[(b) Assistance.--
[(1) In general.--The Secretary shall provide
assistance to the States to enable such States to plan
effectively for the use of technology in all schools
throughout the State in accordance with the purpose and
requirements of section 317 of the Goals 2000: Educate
America Act.
[(2) Other federal agencies.--For the purpose of
carrying out coordinated or joint activities consistent
with the purposes of this part, the Secretary may
accept funds from, and transfer funds to, other Federal
agencies.
[(c) Uses of Funds.--The Secretary shall use funds made
available to carry out this section for activities designed to
carry out the purpose of this part, such as--
[(1) providing assistance to technical assistance
providers to enable such providers to improve
substantially the services such providers offer to
educators regarding the uses of technology for
education, including professional development;
[(2) providing development grants to technical
assistance providers, to enable such providers to
improve substantially the services such providers offer
to educators on the educational uses of technology,
including professional development;
[(3) consulting with representatives of industry,
elementary and secondary education, higher education,
adult and family education, and appropriate experts in
technology and educational applications of technology
to carrying out activities under this subpart;
[(4) research on, and the development of, guidelines
to facilitate maximum interoperability, efficiency and
easy exchange of data for effective use of technology
in education;
[(5) research on, and the development of,
applications for education of the most advanced and
newly emerging technologies which research shall be
coordinated, when appropriate, with the Office of
Educational Research and Improvement, and other Federal
agencies;
[(6) the development, demonstration, and evaluation
of the educational aspects of high performance
computing and communications technologies and of the
national information infrastructure, in providing
professional development for teachers, school
librarians, and other educators; enriching academic
curricula for elementary and secondary schools;
facilitating communications among schools, local
educational agencies, libraries, parents, and local
communities and in other such areas as the Secretary
deems appropriate;
[(7) the development, demonstration, and evaluation
of applications of existing technology in preschool
education, elementary and secondary education, training
and lifelong learning, and professional development of
educational personnel;
[(8) the development and evaluation of software and
other products, including multimedia television
programming, that incorporate advances in technology
and help achieve the National Education Goals, State
content standards and State student performance
standards;
[(9) the development, demonstration, and evaluation
of model strategies for preparing teachers and other
personnel to use technology effectively to improve
teaching and learning;
[(10) the development of model programs that
demonstrate the educational effectiveness of technology
in urban and rural areas and economically distressed
communities;
[(11) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
[(12) a biennial assessment of, and report to the
public regarding, the uses of technology in elementary
and secondary education throughout the United States
upon which private businesses and Federal, State,
tribal, and local governments may rely for
decisionmaking about the need for, and provision of,
appropriate technologies in schools, which assessment
and report shall use, to the extent possible, existing
information and resources;
[(13) conferences on, and dissemination of
information regarding, the uses of technology in
education;
[(14) development of model strategies to promote
gender equity concerning assess to, and the use of,
technology in the classroom;
[(15) encouraging collaboration between the
Department and other Federal agencies in the
development, implementation,evaluation and funding of
applications of technology for education, as
appropriate; and
[(16) such other activities as the Secretary
determines will meet the purposes of this subpart.
[(d) Non-Federal Share.--
[(1) In general.--Subject to paragraphs (2) and (3),
the Secretary may require any recipient of a grant or
contract under this section to share in the cost of the
activities assisted under such grant or contract, which
non-Federal share shall be announced through a notice
in the Federal Register and may be in the form of cash
or in-kind contributions, fairly valued.
[(2) Increase.--The Secretary may increase the non-
Federal share that is required of a recipient of a
grant or contract under this section after the first
year such recipient receives funds under such grant or
contract.
[(3) Maximum.--The non-Federal share required under
this section shall not exceed 50 percent of the cost of
the activities assisted pursuant to a grant or contract
under this section.
[SEC. 3123. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.
[The Secretary, through the Office of Educational
Technology, shall conduct a study to evaluate, and report to
the Congress on, the feasibility of several alternative models
for providing sustained and adequate funding for schools
throughout the United States so that such schools are able to
acquire and maintain technology-enhanced curriculum,
instruction, and administrative support resources and services.
Such report shall be submitted to the Congress not later than
one year after the date of enactment of the Improving America's
Schools Act of 1994.
[Subpart 2--State and Local Programs for School Technology Resources
[SEC. 3131. ALLOTMENT AND REALLOTMENT.
[(a) Allotment.--
[(1) In general.--Except as provided in paragraph
(2), each State educational agency shall be eligible to
receive a grant under this subpart for a fiscal year in
an amount which bears the same relationship to the
amount made available under section 3114(a)(1)(C) for
such year as the amount such State received under part
A of title I for such year bears to the amount received
for such year under such part by all States.
[(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any
fiscal year in an amount which is less than one-half of
one percent of the amount made available under section
3115(a)(1)(C) for such year.
[(b) Reallotment of Unused Funds.--
[(1) In general.--The amount of any State educational
agency's allotment under subsection (a) for any fiscal
year which the Secretary determines will not be
required for such fiscal year to carry out this subpart
shall be available for reallotment from time to time,
on such dates during such year as the Secretary may
determine, to other State educational agencies in
proportion to the original allotments to such State
educational agencies under subsection (a) for such
year, but with such proportionate amount for any of
such other State educational agencies being reduced to
the extent such amount exceeds the sum the Secretary
estimates such State needs and will be able to use for
such year.
[(2) Other reallotments.--The total of reductions
under paragraph (1) shall be similarly reallotted among
the State educational agencies whose proportionate
amounts were not so reduced. Any amounts reallotted to
a State educational agency under this subsection during
a year shall be deemed a subpart of such agencies
allotment under subsection (a) for such year.
[SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
[(a) Grants to States.--
[(1) In general.--From amounts made available under
section 3131, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 3133.
[(2) Use of grants.--(A) Each State educational
agency receiving a grant under paragraph (1) shall use
such grant funds to award grants, on a competitive
basis, to local educational agencies to enable such
local educational agencies to carry out the activities
described in section 3134.
[(B) In awarding grants under subparagraph (A), each
State educational agency shall ensure that each such
grant is of sufficient duration, and of sufficient
size, scope, and quality, to carry out the purposes of
this part effectively.
[(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
[(1) identify the local educational agencies served
by the State educational agency that--
[(A) have the highest number or percentage of
children in poverty; and
[(B) demonstrate to such State educational
agency the greatest need for technical
assistance in developing the application under
section 3133; and
[(2) offer such technical assistance to such local
educational agencies.
[SEC. 3133. STATE APPLICATION.
[To receive funds under this subpart, each State
educational agency shall submit a statewide educational
technology plan which may include plans submitted under the
Goals 2000: Educate America Act or other statewide technology
plans which meet the requirements of this section. Such
application shall be submitted to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require. Each such application shall
contain a systemic statewide plan that--
[(1) outlines long-term strategies for financing
technology education in the State and describes how
business, industry, and other public and private
agencies, including libraries, library literacy
programs, and institutions of higher education,can
participate in the implementation, ongoing planning,
and support of the plan; and
[(2) meets such other criteria as the Secretary may
establish in order to enable such agency to provide
assistance to local educational agencies that have the
highest numbers or percentages of children in poverty
and demonstrate the greatest need for technology, in
order to enable such local educational agencies, for
the benefit of school sites served by such local
educational agencies, to carry out activities such as--
[(A) purchasing quality technology resources;
[(B) installing various linkages necessary to
acquire connectivity;
[(C) integrating technology into the
curriculum in order to improve student learning
and achievement;
[(D) providing teachers and library media
personnel with training or access to training;
[(E) providing administrative and technical
support and services that improve student
learning through enriched technology-enhanced
resources, including library media resources;
[(F) promoting in individual schools the
sharing, distribution, and application of
educational technologies with demonstrated
effectiveness;
[(G) assisting schools in promoting parent
involvement;
[(H) assisting the community in providing
literacy-related services;
[(I) establishing partnerships with private
or public educational providers or other
entities to serve the needs of children in
poverty; and
[(J) providing assurances that financial
assistance provided under this part shall
supplement, not supplant, State and local
funds.
[SEC. 3134. LOCAL USES OF FUNDS.
[Each local educational agency, to the extent possible,
shall use the funds made available under section 3132(a)(2)
for--
[(1) developing, adapting, or expanding existing and
new applications of technology to support the school
reform effort;
[(2) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative
support;
[(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and
software, for use by teachers, students and school
library media personnel in the classroom or in school
library media centers, in order to improve student
learning by supporting the instructional program
offered by such agency to ensure that students in
schools will have meaningful access on a regular basis
to such linkages, resources and services;
[(4) providing ongoing professional development in
the integration of quality educational technologies
into school curriculum and long-term planning for
implementing educational technologies;
[(5) acquiring connectivity with wide area networks
for purposes of accessing information and educational
programming sources, particularly with institutions of
higher education and public libraries; and
[(6) providing educational services for adults and
families.
[SEC. 3135. LOCAL APPLICATIONS.
[Each local educational agency desiring assistance from a
State educational agency under section 3132(a)(2) shall submit
an application, consistent with the objectives of the systemic
statewide plan, to the State educational agency at such time,
in such manner and accompanied by such information as the State
educational agency may reasonably require. Such application, at
a minimum, shall--
[(1) include a strategic, long-range (three- to five-
year), plan that includes--
[(A) a description of the type of
technologies to be acquired, including specific
provisions for interoperability among
components of such technologies and, to the
extent practicable, with existing technologies;
[(B) an explanation of how the acquired
technologies will be integrated into the
curriculum to help the local educational agency
enhance teaching, training, and student
achievement;
[(C) an explanation of how programs will be
developed in collaboration with existing adult
literacy services providers to maximize the use
of such technologies;
[(D)(i) a description of how the local
educational agency will ensure ongoing,
sustained professional development for
teachers, administrators, and school library
media personnel served by the local educational
agency to further the use of technology in the
classroom or library media center, and
[(ii) a list of the source or sources of
ongoing training and technical assistance
available to schools, teachers and
administrators served by the local educational
agency, such as State technology offices,
intermediate educational support units,
regional educational laboratories or
institutions of higher education;
[(E) a description of the supporting
resources, such as services, software and print
resources, which will be acquired to ensure
successful and effective use of technologies
acquired under this section;
[(F) the projected timetable for implementing
such plan in schools;
[(G) the projected cost of technologies to be
acquired and related expenses needed to
implement such plan; and
[(H) a description of how the local
educational agency will coordinate the
technology provided pursuant to this subpart
with other grant funds available for technology
from State and local sources;
[(2) describe how the local educational agency will
involve parents, public libraries, business leaders and
community leaders in the development of such plan;
[(3) describe how the acquired instructionally based
technologies will help the local educational agency--
[(A) promote equity in education in order to
support State content standards and State
student performance standards that may be
developed; and
[(B) provide access for teachers, parents and
students to the best teaching practices and
curriculum resources through technology; and
[(4) describe a process for the ongoing evaluation of
how technologies acquired under this section--
[(A) will be integrated into the school
curriculum; and
[(B) will affect student achievement and
progress toward meeting the National Education
Goals and any challenging State content
standards and State student performance
standards that may be developed.
[(d) Formation of Consortia.--A local educational agency
for any fiscal year may apply for financial assistance as part
of a consortium with other local educational agencies,
institutions of higher education, intermediate educational
units, libraries, or other educational entities appropriate to
provide local programs. The State educational agency may assist
in the formation of consortia among local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities to
provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
[(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance
under this section has developed a comprehensive education
improvement plan, in conjunction with requirements under this
Act or the Goals 2000: Educate America Act, the State
educational agency may approve such plan, or a component of
such plan, notwithstanding the requirements of subsection (e)
if the State educational agency determines that such approval
would further the purposes of this subpart.
[SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.
[(a) Grants Authorized.--
[(1) In general.--From amounts made available under
section 3115(b)(1) for any fiscal year the Secretary is
authorized to award grants, on a competitive basis, to
consortia having applications approved under subsection
(d), which consortia shall include at least one local
educational agency with a high percentage or number of
children living below the poverty line and may include
other local educational agencies, State educational
agencies, institutions of higher education, businesses,
academic content experts, software designers, museums,
libraries, or other appropriate entities.
[(2) Duration.--Grants under this section shall be
awarded for a period of 5 years.
[(b) Use of Grants.--Grants awarded under subsection (a)
shall be used for activities similar to the activities
described in section 3134.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate in
the application submitted under subsection (d) that--
[(1) the project for which assistance is sought is
designed to serve areas with a high number or
percentage of disadvantaged students or the greatest
need for educational technology;
[(2) the project will directly benefit students by,
for example, integrating the acquired technologies into
curriculum to help the local educational agency enhance
teaching, training, and student achievement;
[(3) the project will ensure ongoing, sustained
professional development for teachers, administrators,
and school library media personnel served by the local
educational agency to further the use of technology in
the classroom or library media center;
[(4) the project will ensure successful, effective,
and sustainable use of technologies acquired under this
subsection; and
[(5) members of the consortia or other appropriate
entities will contribute substantial financial and
other resources to achieve the goals of the project.
[(d) Application.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
[SEC. 3137. FEDERAL ADMINISTRATION.
[(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs
under this subpart.
[(b) Evaluation Summary.--The Secretary shall submit to the
Congress four years after the enactment of the Improving
America's Schools Act of 1994 a summary of the State
evaluations of programs under this subpart in accordance with
the provisions of section 14701.
[Subpart 3--Regional Technical Support and Professional Development
[SEC. 3141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.
[(a) Grants Authorized.--
[(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance
with the provisions of this section, to regional
entities such as the Eisenhower Mathematics and Science
Regional Consortia under part C of title XIII, the
regional education laboratories, the comprehensive
regional assistance centers, or such other regional
entities as may be designated or established by the
Secretary. In awarding grants under this section, the
Secretary shall give priority to such consortia and
shall ensure that each geographic region of the United
States shall be served by such a consortium.
[(2) Requirements.--Each consortium receiving a grant
under this section shall--
[(A) be composed of State educational
agencies, institutions of higher education,
nonprofit organizations, or a combination
thereof;
[(B) in cooperation with State and local
educational agencies, develop a regional
program that addresses professional
development, technical assistance, and
information resource dissemination, with
special emphasis on meeting the documented
needs of educators and learners in the region;
and
[(C) foster regional cooperation and resource
and coursework sharing.
[(b) Functions.--
[(1) Technical assistance.--Each consortium receiving
a grant under this section shall, to the extent
practicable--
[(A) collaborate with State educational
agencies and local educational agencies
requesting collaboration, particularly in the
development of strategies for assisting those
schools with the highest numbers or percentages
of disadvantaged students with little or no
access to technology in the classroom;
[(B) provide information, in coordination
with information available from the Secretary,
to State educational agencies, local
educational agencies, schools and adult
education programs, on the types and features
of various educational technology equipment and
software available, evaluate and make
recommendations on equipment and software that
support the National Education Goals and are
suited for a school's particular needs, and
compile and share information regarding
creative and effective applications of
technology in the classroom and school library
media centers in order to support the purposes
of this part;
[(C) collaborate with such State educational
agencies, local educational agencies, or
schools requesting to participate in the
tailoring of software programs and other
supporting materials to meet challenging State
content standards or challenging State student
performance standards that may be developed;
and
[(D) provide technical assistance to
facilitate use of the electronic dissemination
networks by State and local educational
agencies and schools throughout the region.
[(2) Professional development.--Each consortium
receiving a grant under this section shall, to the
extent practicable--
[(A) develop and implement, in collaboration
with State educational agencies and
institutions of higher education, technology-
specific, ongoing professional development,
such as--
[(i) intensive school year and summer
workshops that use teachers, school
librarians, and school library
personnel to train other teachers,
school librarians, and other school
library media personnel; and
[(ii) distance professional
development, including--
[(I) interactive training
tele-courses using researchers,
educators, and
telecommunications personnel
who have experience in
developing, implementing, or
operating educational and
instructional technology as a
learning tool;
[(II) onsite courses teaching
teachers to use educational and
instructional technology and to
develop their own instructional
materials for effectively
incorporating technology and
programming in their own
classrooms;
[(III) methods for successful
integration of instructional
technology into the curriculum
in order to improve student
learning and achievement;
[(IV) video conferences and
seminars which offer
professional development
through peer interaction with
experts as well as other
teachers using technologies in
their classrooms; and
[(V) mobile education
technology and training
resources;
[(B) develop training resources that--
[(i) are relevant to the needs of the
region and schools within the region;
[(ii) are relevant to the needs of
adult literacy staff and volunteers,
including onsite courses on how to--
[(I) use instructional
technology; and
[(II) develop instructional
materials for adult learning;
and
[(iii) are aligned with the needs of
teachers and administrators in the
region;
[(C) establish a repository of professional
development and technical assistance resources;
[(D) identify and link technical assistance
providers to State and local educational
agencies, as needed;
[(E) ensure that training, professional
development, and technical assistance meet the
needs of educators, parents, and students
served by the region;
[(F) assist colleges and universities within
the region to develop and implement preservice
training programs for students enrolled in
teacher education programs; and
[(G) assist local educational agencies and
schools in working with community members and
parents to develop support from communities and
parents for educational technology programs and
projects.
[(3) Information and resource dissemination.--Each
consortium receiving a grant under this section shall,
to the extent practicable--
[(A) assist State and local educational
agencies in the identification and procurement
of financial, technological and human resources
needed to implement technology plans;
[(B) provide outreach and, at the request of
a State or local educational agency, work with
such agency to assistin the development and
validation of instructionally based technology
education resources; and
[(C) coordinate activities and establish
partnerships with organizations and
institutions of higher education that represent
the interests of the region as such interests
pertain to the application of technology in
teaching, learning, instructional management,
dissemination, collection and distribution of
educational statistics, and the transfer of
student information.
[(4) Coordination.--Each consortium receiving a grant
under this section shall work collaboratively, and
coordinate the services the consortium provides, with
appropriate regional and other entities assisted in
whole or in part by the Department.
[Subpart 4--Product Development
[SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
[(a) Purpose.--It is the purpose of this subpart to--
[(1) support development of curriculum-based learning
resources using state-of-the-art technologies and
techniques design to improve student learning; and
[(2) support development of long-term comprehensive
instructional programming and associated support
resources that ensure maximum access by all educational
institutions.
[(b) Federal Assistance Authorized.--
[(1) In general.--The Secretary shall provide
assistance, on a competitive basis, to eligible
consortia to enable such entities to develop, produce,
and distribute state-of-the-art technology-enhanced
instructional resources and programming for use in the
classroom or to support professional development for
teachers.
[(2) Grants and loans authorized.--In carrying out
the purposes of this section, the Secretary is
authorized to pay the Federal share of the cost of the
development, production, and distribution of state-of-
the-art technology enhanced instructional resources and
programming--
[(A) by awarding grants to, or entering into
contracts or cooperative agreements with,
eligible consortia; or
[(B) by awarding loans to eligible consortia
which--
[(i) shall be secured in such manner
and be repaid within such period, not
exceeding 20 years, as may be
determined by the Secretary;
[(ii) Shall bear interest at a rate
determined by the Secretary which shall
be not more than the total of one-
quarter of 1 percent per annum added to
the rate of interest paid by the
Secretary on funds obtained from the
Secretary of the Treasury; and
[(iii) may be forgiven by the
Secretary, in an amount not to exceed
25 percent of the total loan, under
such terms and conditions as the
Secretary may consider appropriate.
[(3) Matching requirement.--The Secretary may require
any recipient of a grant or contract under this subpart
to share in the cost of the activities assisted under
such grant or contract, which non-Federal share shall
be announced through a notice in the Federal Register
and may be in the form of cash or in-kind
contributions, fairly valued.
[(4) Eligible consortium.--For the purpose of this
subsection, the term ``eligible consortium'' means a
consortium--
[(A) that shall include--
[(i) a State or local educational
agency; and
[(ii) a business, industry, or
telecommunications entity; and
[(B) that may include--
[(i) a public or private nonprofit
organization; or
[(ii) postsecondary institution.
[(5) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to
applications describing programs or systems that--
[(A) promote the acquisition of higher-order
thinking skills and promise to raise the
achievement levels of all students,
particularly disadvantaged students who are not
realizing their potential;
[(B) are aligned with challenging State
content standards and State and local
curriculum frameworks;
[(C) may be adapted and applied nationally at
a reasonable cost over a broad technology
platform;
[(D) convert technology resources developed
with support from the Department of Defense and
other Federal agencies for effective use in the
classroom.
[(E) show promise of reducing the costs of
providing high quality instruction;
[(F) show promise of expanding access to
high-quality instruction in content areas which
would otherwise not be available to students in
rural and urban communities or who are served
by other educational agencies with limited
financial resources;
[(G) are developed in consultation with
classroom teachers;
[(H) are developed through consultation and
collaboration with appropriate education
entities in designing the product to ensure
relevance to the voluntary national content
standards, the voluntary national student
performance standards and State curriculum
frameworks; and
[(I) are developed so that the product can be
adapted for use by adults in need of literacy
services, including English as a second
language and preparation for a secondary school
diploma or its recognized equivalent.
[(6) Requirements for federal assistance.--Each
eligible consortium desiring Federal assistance under
this section shall submit an application to the
Secretary at such time and in such manner as the
Secretary may prescribe. Each application shall
include--
[(A) a description of how the product will
improve the achievement levels of students;
[(B) a description of how the activities
assisted under this section will promote
professional development of teachers and
administrators in the uses and applications of
the product, including the development of
training materials;
[(C) a description of design, development,
field testing, evaluation, and distribution of
products, where appropriate;
[(D) an assurance that the product shall
effectively serve a significant number or
percentage of economically disadvantaged
students;
[(E) plans for dissemination of products to a
wide audience of learners;
[(F) a description of how the product can be
adapted for use by students with disabilities
including provisions for closed captioning or
descriptive video, where appropriate;
[(G) a description of how ownership and
rights to the use and marketing of any product
developed by the consortium, including
intellectual property rights, will be allocated
among consortium participants; and
[(H) a description of the contributions,
including services and funds, to be made by
each member of the consortium, and how any
revenues derived from the sale of any product
developed by the consortium shall be
distributed.
[(c) Consumer Report.--The Secretary shall provide for the
independent evaluation of products developed under this section
and shall disseminate information about products developed
pursuant to provisions of this section to State and local
educational agencies, and other organizations or individuals
that the Secretary determines to be appropriate, through print
and electronic media that are accessible to the education
community at large.
[(d) Proceeds.--The Secretary shall not prohibit an
eligible consortium or any of the members of such consortium
from receiving financial benefits from the distribution of any
products resulting from the assistance received under this
section. Notwithstanding any other provision of law, any
profits or royalties received by a State educational agency,
local educational agency, or other nonprofit member of an
eligible consortium receiving assistance under this section
shall be used to support further development of curriculum-
based learning resources, services, and programming or to
provide access to such products for a wider audience.
[PART B--STAR SCHOOLS PROGRAM
[SEC. 3201. SHORT TITLE.
[This part may be cited as the ``Star Schools Act''.
[SEC. 3302. FINDINGS.
[The Congress finds that--
[(1) the Star Schools program has helped to encourage
the use of distance learning strategies to serve multi-
State regions primarily by means of satellite and
broadcast television;
[(2) in general, distance learning programs have been
used effectively to provide students in small, rural,
and isolated schools with courses and instruction, such
as science and foreign language instruction, that the
local educational agency is not otherwise able to
provide; and
[(3) distance learning programs may also be used to--
[(A) provide students of all ages in all
types of schools and educational settings with
greater access to high-quality instruction in
the full range of core academic subjects that
will enable such students to meet challenging,
internationally competitive, educational
standards;
[(B) expand professional development
opportunities for teachers;
[(C) contribute to achievement of the
National Education Goals; and
[(D) expand learning opportunities for
everyone.
[SEC. 3203. PURPOSE.
[It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages as
well as other subjects, such as literacy skills and vocational
education, and to serve underserved populations, including the
disadvantaged, illiterate, limited-English proficient, and
individuals with disabilities, through a star schools program
under which grants are made to eligible telecommunication
partnerships to enable such partnerships to--
[(1) develop, construct, acquire, maintain and
operate telecommunications audio and visual facilities
and equipment;
[(2) develop and acquire educational and
instructional programming; and
[(3) obtain technical assistance for the use of such
facilities and instructional programming.
[SEC. 3204. GRANTS AUTHORIZED.
[(a) Authority.--The Secretary, through the Office of
Educational Technology, is authorized to make grants, in
accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of--
[(1) the development, construction, acquisition,
maintenance and operation of telecommunications
facilities and equipment;
[(2) the development and acquisition of live,
interactive instructional programming;
[(3) the development and acquisition of preservice
and inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, effective skill transfer, and ongoing, in-
class instruction;
[(4) the establishment of teleconferencing facilities
and resources for making interactive training available
to teachers;
[(5) obtaining technical assistance; and
[(6) the coordination of the design and connectivity
of telecommunications networks to reach the greatest
number of schools.
[(b) Duration.--
[(1) In general.--The Secretary shall award grants
pursuant to subsection (a) for a period of 5 years.
[(2) Renewal.--Grants awarded pursuant to subsection
(a) may be renewed for one additional three-year
period.
[(c) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated $35,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
[(2) Availability.--Funds appropriated pursuant to
the authority of subsection (a) shall remain available
until expended.
[(d) Limitations.--
[(1) In general.--A grant under this section shall
not exceed--
[(A) five years in duration; and
[(B) $10,000,000 in any one fiscal year.
[(2) Instructional programming.--Not less than 25
percent of the funds available to the Secretary in any
fiscal year under this part shall be used for the cost
of instructional programming.
[(3) Special rule.--Not less than 50 percent of the
funds available in any fiscal year under this part
shall be used for the cost of facilities, equipment,
teacher training or retraining, technical assistance,
or programming, for local educational agencies which
are eligible to receive assistance under part A of
title I.
[(e) Federal Share.--
[(1) In general.--The Federal share of the cost of
projects funded under this section shall not exceed--
[(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this part;
[(B) 60 percent for the third and fourth such
years; and
[(C) 50 percent for the fifth such year.
[(2) Reduction or waiver.--The Secretary may reduce
or waive the requirement of the non-Federal share under
paragraph (1) upon a showing of financial hardship.
[(f) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other Federal
departments or agencies to carry out the purposes of this
section, including funds for the purchase of equipment.
[(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency operating
a telecommunications network for educational purposes, shall
coordinate the activities assisted under this part with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
[(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
[(1) closed captioning of the verbal content of such
program, where appropriate, to be broadcast by way of
line 21 of the vertical blanking interval, or by way of
comparable successor technologies; and
[(2) descriptive video of the visual content of such
program, as appropriate.
[SEC. 3205. ELIGIBLE ENTITIES.
[(a) Eligible Entities.--
[(1) Required participation.--The Secretary may make
a grant under section 3204 to any eligible entity, if
at least one local educational agency is participating
in the proposed project.
[(2) Eligible entity.--For the purpose of this part,
the term ``eligible entity'' may include--
[(A) a public agency or corporation
established for the purpose of developing and
operating telecommunications networks to
enhance educational opportunities provided by
educational institutions, teacher training
centers, and other entities, except that any
such agency or corporation shall represent the
interests of elementary and secondary schools
that are eligible to participate in the program
under part A of title I; or
[(B) a partnership that will provide
telecommunications services and which includes
3 or more of the following entities at least 1
of which shall be an agency described in clause
(i) or (ii):
[(i) a local educational agency that
serves a significant number of
elementary and secondary schools that
are eligible for assistance under part
A of title I, or elementary and
secondary schools operated or funded
for Indian children by the Department
of the Interior eligible under section
1121(b)(2);
[(ii) a State educational agency;
[(iii) adult and family education
programs;
[(iv) an institution of higher
education or a State higher education
agency;
[(v) a teacher training center or
academy that--
[(I) provides teacher pre-
service and in-service
training; and
[(II) receives Federal
financial assistance or has
been approved by a State
agency;
[(vi) (I) a public or private entity
with experience and expertise in the
planning and operation of a
telecommunications network, including
entities involved in telecommunications
through satellite, cable, telephone, or
computer; or
[(II) a public broadcasting entity
with such experience; or
[(vii) a public or private elementary
or secondary school.
[(b) Special Rule.--An eligible entity receiving assistance
under this part shall be organized on a statewide or multistate
basis.
[SEC. 3206. APPLICATIONS.
[(a) Applications Required.--Each eligible entity which
desires to receive a grant under section 3204 shall submit an
application to the Secretary, at such time, in such manner, and
containingor accompanied by such information as the Secretary
may reasonably require.
[(b) Star School Award Applications.--Each application
submitted pursuant to subsection (a) shall--
[(1) describe how the proposed project will assist in
achieving the National Education Goals, how such
project will assist all students to have an opportunity
to learn to challenging State standards, how such
project will assist State and local educational reform
efforts, and how such project will contribute to
creating a high quality system of lifelong learning;
[(2) describe the telecommunications facilities and
equipment and technical assistance for which assistance
is sought, which may include--
[(A) the design, development, construction,
acquisition, maintenance and operation of State
or multistate educational telecommunications
networks and technology resource centers;
[(B) microwave, fiber optics, cable, and
satellite transmission equipment or any
combination thereof;
[(C) reception facilities;
[(D) satellite time;
[(E) production facilities;
[(F) other telecommunications equipment
capable of serving a wide geographic area;
[(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought,
including training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
[(H) the development of educational and
related programming for use on a
telecommunications network;
[(3) in the case of an application for assistance for
instructional programming, describe the types of
programming which will be developed to enhance
instruction and training and provide assurances that
such programming will be designed in consultation with
professionals (including classroom teachers) who are
experts in the applicable subject matter and grade
levels;
[(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served
to ensure that the services offered by the eligible
entity will increase the availability of courses of
instruction in English, mathematics, science, foreign
languages, arts, history, geography, or other
disciplines;
[(5) describe the professional development policies
for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for which
assistance is sought;
[(6) describe the manner in which historically
underserved students (such as students from low-income
families, limited English proficient students, students
with disabilities, or students who have low literacy
skills) and their families, will participate in the
benefits of the telecommunications facilities,
equipment, technical assistance, and programming
assisted under this part;
[(7) describe how existing telecommunications
equipment, facilities, and services, where available,
will be used;
[(8) provide assurances that the financial interest
of the United States in the telecommunications
facilities and equipment will be protected for the
useful life of such facilities and equipment;
[(9) provide assurances that a significant portion of
any facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary and secondary schools will be made available
to schools or local educational agencies that have a
high number or percentage of children eligible to be
counted under part A of title I;
[(10) provide assurances that the applicant will use
the funds provided under this part to supplement and
not supplant funds otherwise available for the purposes
of this part;
[(11) if any member of the consortia receives
assistance under subpart 3 of part A, describe now
funds received under this part will be coordinated with
funds received for educational technology in the
classroom under such section;
[(12) describe the activities or services for which
assistance is sought, such as--
[(A) providing facilities, equipment,
training services, and technical assistance;
[(B) making programs accessible to students
with disabilities through mechanisms such as
closed captioning and descriptive video
services;
[(C) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
[(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum
areas;
[(E) providing teacher and student support
services including classroom and training
support materials which permit student and
teacher involvement in the live interactive
distance learning telecasts;
[(F) incorporating community resources such
as libraries and museums into instructional
programs;
[(G) providing professional development for
teachers including, as appropriate, training to
early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family
educators;
[(H) providing programs for adults to
maximize the use of telecommunications
facilities and equipment;
[(I) providing teacher training on proposed
or established voluntary national content
standards in mathematics and science and other
disciplines as such standards are developed;
and
[(J) providing parent education programs
during and after the regular school day which
reinforce a student's course of study and
actively involve parents in the learning
process;
[(13) describe how the proposed project as a whole
will be financed and how arrangements for future
financing will be developed before the project expires;
[(14) provide an assurance that a significant portion
of any facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary and secondary schools will be made available
to schools in local educational agencies that have a
high percentage of children counted for the purpose of
part A of title I;
[(15) provide an assurance that the applicant will
provide such information and cooperate in any
evaluation that the Secretary may conduct under this
part; and
[(16) include such additional assurances as the
Secretary may reasonably require.
[(c) Priorities.--The Secretary, in approving applications
for grants authorized under section 3204, shall give priority
to applications describing projects that--
[(1) propose high-quality plans to assist in
achieving one or more of the National Education Goals,
will provide instruction consistent with State content
standards, or will otherwise provide significant and
specific assistance to States and local educational
agencies undertaking systemic education reform;
[(2) will provide services to programs serving
adults, especially parents, with low levels of
literacy;
[(3) will serve schools with significant numbers of
children counted for the purposes of part A of title I;
[(4) ensure that the eligible entity will--
[(A) serve the broadest range of
institutions, programs providing instruction
outside of the school setting, programs serving
adults, especially parents, with low levels of
literacy, institutions of higher education,
teacher training centers, research institutes,
and private industry;
[(B) have substantial academic and teaching
capabilities, including the capability of
training, retraining, and inservice upgrading
of teaching skills and the capability to
provide professional development;
[(C) provide a comprehensive range of courses
for educators to teach instructional strategies
for students with different skill levels;
[(D) provide training to participating
educators in ways to integrate
telecommunications courses into existing school
curriculum;
[(E) provide instruction for students,
teachers, and parents;
[(F) serve a multistate area; and
[(G) give priority to the provision of
equipment and linkages to isolated areas; and
[(5) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or
private television stations) participating in the
eligible entity and donating equipment or in-kind
services for telecommunications linkages.
[(d) Geographic Distribution.--In approving applications
for grants authorized under section 3204, the Secretary shall,
to the extent feasible, ensure an equitable geographic
distribution of services provided under this part.
[SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.
[(a) Reservation.--From the amount appropriated pursuant to
the authority of section 3204(c)(1) in each fiscal year, the
Secretary may reserve not more than 5 percent of such amount
for national leadership, evaluation, and peer review
activities.
[(b) Method of Funding.--The Secretary may fund the
activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
[(c) Uses of Funds.--
[(1) Leadership.--Funds reserved for leadership
activities under subsection (a) may be used for--
[(A) disseminating information, including
lists and descriptions of services available
from grant recipients under this part; and
[(B) other activities designed to enhance the
quality of distance learning activities
nationwide.
[(2) Evaluation.--Funds reserved for evaluation
activities under subsection (a) may be used to conduct
independent evaluations of the activities assisted
under this part and of distance learning in general,
including--
[(A) analyses of distance learning efforts,
including such efforts that are assisted under
this part and such efforts that are not
assisted under this part; and
[(B) comparisons of the effects, including
student outcomes, of different technologies in
distance learning efforts.
[(3) Peer review.--Funds reserved for peer review
activities under subsection (a) may be used for peer
review of--
[(A) applications for grants under this part;
and
[(B) activities assisted under this part.
[SEC. 3208. DEFINITIONS.
[As used in this part--
[(1) the term ``educational institution'' means an
institution of higher education, a local educational
agency, or a State educational agency;
[(2) the term ``instructional programming'' means
courses of instruction and training courses for
elementary and secondary students, teachers, and
others, and materials for use in such instruction and
training that have been prepared in audio and visual
form on tape, disc, film, or live, and presented by
means of telecommunications devices; and
[(3) the term ``public broadcasting entity'' has the
same meaning given such term in section 397 of the
Communications Act of 1934.
[SEC. 3209. ADMINISTRATIVE PROVISIONS.
[(a) Continuing Eligibility.--
[(1) In general.--In order to be eligible to receive
a grant under section 3204 for a second 3-year grant
period an eligible entity shall demonstrate in the
application submitted pursuant to section 3206 that
such partnership shall--
[(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this part for the
previous 5-year grant period; and
[(B) use all grant funds received under this
part for the second 3-year grant period to
provide expanded services by--
[(i) increasing the number of
students, schools or school districts
served by the courses of instruction
assisted under this part in the
previous fiscal year;
[(ii) providing new courses of
instruction; and
[(iii) serving new populations of
underserved individuals, such as
children or adults who are
disadvantaged, have limited-English
proficiency, are individuals with
disabilities, are illiterate, or lack
secondary school diplomas or their
recognized equivalent.
[(2) Special rule.--Grant funds received pursuant to
paragraph (1) shall be used to supplement and not
supplant services provided by the grant recipient under
this part in the previous fiscal year.
[(b) Federal Activities.--The Secretary may assist grant
recipients under section 3204 in acquiring satellite time,
where appropriate, as economically as possible.
[SEC. 3210. OTHER ASSISTANCE.
[(a) Special Statewide Network.--
[(1) In general.--The Secretary, through the Office
of Educational Technology, may provide assistance to a
statewide telecommunications network under this
subsection if such network--
[(A) provides 2-way full motion interactive
video and audio communications;
[(B) links together public colleges and
universities and secondary schools throughout
the State; and
[(C) meets any other requirements determined
appropriate by the Secretary.
[(2) State contribution.--A statewide
telecommunications network assisted under paragraph (1)
shall contribute, either directly or through private
contributions, non-Federal funds equal to not less than
50 percent of the cost of such network.
[(b) Special Local Network.--
[(1) In general.--The Secretary may provide
assistance, on a competitive basis, to a local
educational agency or consortium thereof to enable such
agency or consortium to establish a high technology
demonstration program.
[(2) Program requirements.--A high technology
demonstration program assisted under paragraph (1)
shall--
[(A) include 2-way full motion interactive
video, audio and text communications;
[(B) link together elementary and secondary
schools, colleges, and universities;
[(C) provide parent participation and family
programs;
[(D) include a staff development program; and
[(E) have a significant contribution and
participation from business and industry.
[(3) Special rule.--Each high technology
demonstration program assisted under paragraph (1)
shall be of sufficient size and scope to have an effect
on meeting the National Education Goals.
[(4) Matching requirement.--A local educational
agency or consortium receiving a grant under paragraph
(1) shall provide, either directly or through private
contributions, non-Federal matching funds equal to not
less than 50 percent of the amount of the grant.
[(c) Telecommunications Programs for Continuing
Education.--
[(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
enable such partnerships to develop and operate one or
more programs which provide on-line access to
educational resources in support of continuing
education and curriculum requirements relevant to
achieving a secondary school diploma or its recognized
equivalent. The program authorized by this section
shall be designed to advance adult literacy, secondary
school completion and the acquisition of specified
competency by the end of the 12th grade, as envisioned
by the Goals 2000: Educate America Act.
[(2) Application.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary. Each such application shall--
[(A) demonstrate that the applicant will use
publicly funded or free public
telecommunications infrastructure to deliver
video, voice and data in an integrated service
to support and assist in the acquisition of a
secondary school diploma or its recognized
equivalent;
[(B) assure that the content of the materials
to be delivered is consistent with the
accreditation requirements of the State for
which such materials are used;
[(C) incorporate, to the extent feasible,
materials developed in the Federal departments
and agencies and under appropriate federally
funded projects and programs;
[(D) assure that the applicant has the
technological and substantive experience to
carry out the program; and
[(E) contain such additional assurances as
the Secretary may reasonably require.
[PART C--READY-TO-LEARN TELEVISION
[SEC. 3301. READY-TO-LEARN.
[(a) In General.--The Secretary is authorized to award
grants to or enter into contracts or cooperative agreements
with eligible entities described in section 3302(b) to develop,
produce, and distribute educational and instructional video
programming for preschool and elementary school children and
their parents in order to facilitate the achievement of the
National Education Goals.
[(b) Availability.--In making such grants, contracts, or
cooperative agreements, the Secretary shall ensure that
recipients make programming widely available with support
materials as appropriate to young children, their parents,
child care workers, and Head Start providers to increase the
effective use of such programming.
[SEC. 3302. EDUCATIONAL PROGRAMMING.
[(a) Awards.--The Secretary shall award grants, contracts,
or cooperative agreements to eligible entities to--
[(1) facilitate the development directly or through
contracts with producers of children and family
educational television programming, educational
programming for preschool and elementary school
children, and accompanying support materials and
services that promote the effective use of such
programming; and
[(2) enable such entities to contract with entities
(such as public telecommunications entities and those
funded under the Star Schools Act) so that programs
developed under this section are disseminated and
distributed to the widest possible audience appropriate
to be served by the programming by the most appropriate
distribution technologies.
[(b) Eligible Entities.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an
entity shall be--
[(1) a nonprofit entity (including a public
telecommunications entity) able to demonstrate a
capacity for the development and distribution of
educational and instructional television programming of
high quality for preschool and elementary school
children; and
[(2) able to demonstrate a capacity to contract with
the producers of children's television programming for
the purpose of developing educational television
programming of high quality for preschool and
elementary school children.
[(c) Cultural Experiences.--Programming developed under
this section shall reflect the recognition of diverse cultural
experiences and the needs and experiences of both boys and
girls in engaging and preparing young children for schooling.
[SEC. 3303. DUTIES OF SECRETARY.
[The Secretary is auhtorized--
[(1) to establish and administer a Special Projects
of National Significance program to award grants,
contracts, or cooperative agreements to public and
nonprofit private entities, or local public television
stations or such public televisions stations that are
part of a consortium with one or more State educational
agencies, local educational agencies, local schools,
institutions of higher education, or community-based
organizations of demonstrated effectiveness, for the
purpose of--
[(A) addressing the learning needs of young
children in limited English proficient
households, and developing appropriate
educational and instructional television
programming to foster the school readiness of
such children;
[(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching
their children and utilizing educational
television programming to promote school
readiness; and
[(C) identifying, supporting, and enhancing
the effective use and outreach of innovative
programs that promote school readiness;
[(2) to establish within the Department a
clearinghouse to compile and provide information,
referrals and model program materials and programming
obtained or developed under this part to parents, child
care providers and other appropriate individuals or
entities to assist such individuals and entities in
accessing programs and projects under this part; and
[(3) to develop and disseminate training materials,
including--
[(A) interactive programs and programs
adaptable to distance learning technologies
that are designed to enhance knowledge of
children's social and cognitive skill
development and positive adult-child
interactions; and
[(B) support materials to promote the
effective use of materials developed under
paragraph (2);
among parents, Head Start providers, in-home and center
based day care providers, early childhood development
personnel, and elementary school teachers, public
libraries, and after school programs personnel caring
for preschool and elementary school children;
[(4) coordinate activities with the Secretary of
Health and Human Services in order to--
[(A) maximize the utilization of quality
educational programming by preschool and
elementary school children, and make such
programming widely available to federally
funded programs serving such populations; and
[(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood
development, including Head Start, Even Start,
and State training activities funded under the
Child Care Development Block Grant Act of 1990
regarding the availability and utilization of
materials developed under paragraph (3) to
enhance parent and child care provider skills
in early childhood development and education.
[SEC. 3304. APPLICATIONS.
[Each eligible entity desiring a grant, contract, or
cooperative agreement under section 3301 or 3303 shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
[SEC. 3305. REPORTS AND EVALUATION.
[(a) Annual Report to Secretary.--An entity receiving funds
under section 3301 shall prepare and submit to the Secretary an
annual report which contains such information as the Secretary
may require. At a minimum, the report shall describe the
program activities undertaken with funds received under this
section, including--
[(1) the programming that has been developed directly
or indirectly by the entity, and the target population
of the programs developed;
[(2) the support materials that have been developed
to accompany the programming, and the method by which
such materials are distributed to consumers and users
of the programming;
[(3) the means by which programming developed under
this section has been distributed, including the
distance learning technologies that have been utilized
to make programming available and the geographic
distribution achieved through such technologies; and
[(4) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-
Federal support for the development and distribution
and broadcast of educational and instructional
programming.
[(b) Report to Congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual report
which includes--
[(1) a summary of the information made available
under section 3302(a); and
[(2) a description of the training materials made
available under section 3303(3), the manner in which
outreach has been conducted to inform parents and child
care providers of the availability of such materials,
and the manner in which such materials have been
distributed in accordance with such section.
[SEC. 3306. ADMINISTRATIVE COSTS.
[With respect to the implementation of section 3302,
entities receiving a grant, contract, or cooperative agreement
from the Secretary may use not more than 5 percent of the
amounts received under such section for the normal and
customary expenses of administering the grant, contract, or
cooperative agreement.
[SEC. 3307. DEFINITION.
[For the purposes of this part, the term ``distance
learning'' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
[SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated
to carry out this part, $30,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the four succeeding
fiscal years. Not less than 60 percent of the amounts
appropriated under this subsection for each fiscal year shall
be used to carry out section 3302.
[(b) Special Projects.--Of the amount appropriated under
subsection (b) for each fiscal year, at least 10 percent of
such amount shall be used for each such fiscal year for
activities under section 3303(1)(C).
[PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS
[SEC. 3401. PROJECT AUTHORIZED.
[The Secretary is authorized to make grants to a nonprofit
telecommunications entity, or partnership of such entities, for
the purpose of carrying out a national telecommunications-based
demonstration project to improve the teaching of mathematics.
The demonstration project authorized by this part shall be
designed to assist elementary and secondary school teachers in
preparing all students for achieving State content standards.
[SEC. 3402. APPLICATION REQUIRED.
[(a) In General.--Each nonprofit telecommunications entity,
or partnership of such entities, desiring a grant under this
part shall submit an application to the Secretary. Each such
application shall--
[(1) demonstrate that the applicant will use the
existing publicly funded telecommunications
infrastructure to deliver video, voice and data in an
integrated service to train teachers in the use of new
standards-based curricula materials and learning
technologies.
[(2) assure that the project for which assistance is
sought will be conducted in cooperation with
appropriate State educational agencies, local
educational agencies, State or local nonprofit public
telecommunications entities, and a national mathematics
education professional association that has developed
content standards;
[(3) assure that a significant portion of the
benefits available for elementary and secondary schools
from the project for which assistance is sought will be
available to schools of local educational agencies
which have a high percentage of children counted for
the purpose of part A of title I; and
[(4) contain such additional assurances as the
Secretary may reasonably require.
[(b) Approval of Applications; Number of Demonstration
Sites.--In approving applications under this section, the
Secretary shall assure that the demonstration project
authorized by this part is conducted at elementary and
secondary school sites in at least 15 States.
[SEC. 3403. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part, $5,000,000 for the fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years.
[PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
[SEC. 3501. SHORT TITLE.
[This part may be cited as the ``Elementary Mathematics and
Science Equipment Act''.
[SEC. 3502. STATEMENT OF PURPOSE.
[It is the purpose of this part to raise the quality of
instruction in mathematics and science in the Nation's
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to State
and local educational agencies.
[SEC. 3503. PROGRAM AUTHORIZED.
[The Secretary is authorized to make allotments to State
educational agencies under section 3504 to enable such agencies
to award grants to local educational agencies for the purpose
of providing equipment and materials to elementary schools to
improve mathematics and science education in such schools.
[SEC. 3504. ALLOTMENTS OF FUNDS.
[(a) In General.--From the amount appropriated under
section 3509 for any fiscal year, the Secretary shall reserve--
[(1) not more than one-half of 1 percent for
allotment among Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands according to
their respective needs for assistance under this part;
and
[(2) one-half of 1 percent for programs for Indian
students served by schools funded by the Secretary of
the Interior which are consistent with the purposes of
this part.
[(b) Allotment.--
[(1) In general.--The remainder of the amount so
appropriated (after meeting requirements in subsection
(a)) shall be allotted among State educational agencies
so that--
[(A) one-half of such remainder shall be
distributed by allotting to each State
educational agency an amount which bears the
same ratio to such one-half of such remainder
as the number of children aged 5 to 17,
inclusive, in the State bears to the number of
such children in all States; and
[(B) one-half of such remainder shall be
distributed according to each State's share of
allocations under part A of title I.
[(2) Minimum.--Except as provided in paragraph (3),
no State educational agency shall receive an allotment
under this subsection for any fiscal year in an amount
that is--
[(A) less than one-half of 1 percent of the
amount made available under this subsection for
such fiscal year; or
[(B) less than the amount allotted to such
State for fiscal year 1988 under title II of
the Education for Economic Security Act.
[(3) Ratable reductions.--(A) If the sums made
available under this part for any fiscal year are
insufficient to pay the full amounts that all State
educational agencies are eligible to receive under
paragraph (2)(B) for such year, the Secretary shall
ratably reduce the allotment to such agencies for such
year.
[(B) If additional funds become available for making
payments under paragraph (2)(B) for such fiscal year,
allotments that were reduced under subparagraph (A)
shall be increased on the same basis as such allotments
were reduced.
[(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any
fiscal year to carry out this part which the Secretary
determines will not be required for that fiscal year to carry
out this part shall be available for reallotment from time to
time, on such dates during that year as the Secretary may
determine, to other State educational agencies in proportion to
the original allotments to those State educational agencies
under subsection (b) for that year but with such proportionate
amount for any of those other State educational agencies being
reduced to the extent it exceeds the sum the Secretary
estimates that the State educational agency needs and will be
able to use for that year, and the total of those reductions
shall be similarly reallotted among the State educational
agencies whose proportionate amounts were not so reduced. Any
amounts reallotted to a State educational agency under this
subsection during a year shall be deemed a part of the State
educational agency's allotment under subsection (b) for that
year.
[(d) Definition.--For the purposes of this part the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
[(e) Data.--The number of children aged 5 to 17, inclusive,
in the State and in all States shall be determined by the
Secretary on the basis of the most recent satisfactory data
available to the Secretary.
[SEC. 3505. STATE APPLICATION.
[(a) Application.--Each State educational agency desiring
to receive an allotment under this part shall file an
application with the Secretary which covers a period of 5
fiscal years. Such application shall be filed at such time, in
such manner, and containing or accompanied by such information
as the Secretary may reasonably require.
[(b) Contents of Application.--Each application described
in subsection (a) shall--
[(1) provide assurances that--
[(A) the State educational agency shall use
the allotment provided under this part to award
grants to local educational agencies within the
State to enable such local educational agencies
to provide assistance to schools served by such
agency to carry out the purpose of this part;
[(B) the State educational agency will
provide such fiscal control and funds
accounting as the Secretary may require;
[(C) every public elementary school in the
State is eligible to receive assistance under
this part once over the 5-year duration of the
program assisted under this part;
[(D) funds provided under this part will
supplement, not supplant, State and local funds
made available for activities authorized under
this part;
[(E) during the 5-year period described in
the application, the State educational agency
will evaluate its standards and programs for
teacher preparation and inserviceprofessional
development for elementary mathematics and
science;
[(F) the State educational agency will take
into account the needs for greater access to
and participation in mathematics and science by
students and teachers from historically
underrepresented groups, including females,
minorities, individuals with limited English
proficiency, the economically disadvantaged,
and individuals with disabilities; and
[(G) that the needs of teachers and students
in areas with high concentrations of low-income
students and sparsely populated areas will be
given priority in awarding assistance under
this part;
[(2) provide, if appropriate, a description of how
funds paid under this part will be coordinated with
State and local funds and other Federal resources,
particularly with respect to programs for the
professional development and inservice training of
elementary school teachers in science and mathematics;
and
[(3) describe procedures--
[(A) for submitting applications for programs
described in section 3506 for distribution of
assistance under this part within the State;
and
[(B) for approval of applications by the
State educational agency, including appropriate
procedures to assure that such agency will not
disapprove an application without notice and
opportunity for a hearing.
[(c) State Administration.--Not more than 5 percent of the
funds allotted to each State educational agency under this part
shall be used for the administrative costs of such agency
associated with carrying out the program assisted under this
part.
[SEC. 3506. LOCAL APPLICATION.
[(a) Application.--A local educational agency that desires
to receive a grant under this part shall submit an application
to the State educational agency. Each such application shall
contain assurances that each school served by the local
educational agency shall be eligible for assistance under this
part only once.
[(b) Contents of Application.--Each application described
in subsection (a) shall--
[(1) describe how the local educational agency plans
to set priorities on the use and distribution among
schools of grant funds received under this part to meet
the purposes of this part;
[(2) include assurances that the local educational
agency has made every effort to match on a dollar-for-
dollar basis from private or public sources the funds
received under this part, except that no such
application shall be penalized or denied assistance
under this part based on failure to provide such
matching funds;
[(3) describe, if applicable, how funds under this
part will be coordinated with State, local, and other
Federal resources, especially with respect to programs
for the professional development and inservice training
of elementary school teachers in science and
mathematics; and
[(4) describe the process which will be used to
determine different levels of assistance to be awarded
to schools with different needs.
[(c) Priority.--In awarding grants under this part, the
State educational agency shall give priority to applications
that--
[(1) assign highest priority to providing assistance
to schools which--
[(A) are most seriously underequipped; or
[(B) serve large numbers or percentages of
economically disadvantaged students;
[(2) are attentive to the needs of underrepresented
groups in science and mathematics;
[(3) demonstrate how science and mathematics
equipment will be part of a comprehensive plan of
curriculum planning or implementation and teacher
training supporting hands-on laboratory activities; and
[(4) assign priority to providing equipment and
materials for students in grades 1 through 6.
[SEC. 3507. PROGRAM REQUIREMENTS.
[(a) Coordination.--Each State educational agency receiving
an allotment under this part shall--
[(1) disseminate information to school districts and
schools, including private nonprofit elementary
schools, regarding the program assisted under this
part;
[(2) evaluate applications of local educational
agencies;
[(3) award grants to local educational agencies based
on the priorities described in section 3506(c); and
[(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
[(b) Limitations on Use of Funds.--
[(1) In general.--Except as provided in paragraph
(2), grant funds and matching funds under this part
only shall be used to purchase science equipment,
science materials, or mathematical manipulative
materials and shall not be used for computers, computer
peripherals, software, textbooks, or staff development
costs.
[(2) Capital improvements.--Grant funds under this
part may not be used for capital improvements. Not more
than 50 percent of any matching funds provided by the
local educational agency may be used for capital
improvements of classroom science facilities to support
the hands-on instruction that this part is intended to
support, such as the installation of electrical
outlets, plumbing, lab tables or counters, or
ventilation mechanisms.
[SEC. 3508. FEDERAL ADMINISTRATION.
[(a) Technical Assistance and Evaluation Procedures.--The
Secretary shall provide technical assistance and, in
consultation with State and local representatives of the
program assisted under this part, shall develop procedures for
State and local evaluations of the programs assisted under this
part.
[(b) Report.--The Secretary shall report to the Congress
each year on the program assisted under this part in accordance
with section 10701.
[SEC. 3509. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $30,000,000 for
fiscal year 1995, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out this part.]
TITLE III--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
PART A--BILINGUAL EDUCATION
SEC. 3001. SHORT TITLE.
This part may be cited as the ``Bilingual Education Act''.
SEC. 3002. PURPOSE.
The purpose of this part is to help ensure that limited
English proficient students master English and meet the same
rigorous standards for academic performance expected of all
children and youth, including meeting challenging State content
standards and challenging State student performance standards
in academic areas by--
(1) promoting systemic improvement and reform of, and
developing accountability systems for, educational
programs serving limited English proficient students;
(2) developing bilingual skills and multicultural
understanding;
(3) developing the English of such children and youth
and, to the extent possible, the native language skills
of such children and youth;
(4) providing similar assistance to Native Americans
with certain modifications relative to the unique
status of Native American languages under Federal law;
(5) developing data collection and dissemination,
research, materials development, and technical
assistance which is focused on school improvement for
limited English proficient students; and
(6) developing programs which strengthen and improve
the professional training of educational personnel who
work with limited English proficient students.
SEC. 3003. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this part,
there are authorized to be appropriated $300,000,000 for the
fiscal year 2002 and such sums as may be necessary for each of
the 6 succeeding fiscal years.
(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall reserve
not less than 25 percent of such funds for such year to carry
out subpart 3.
SEC. 3004. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by elementary,
secondary, and postsecondary schools operated predominately for
Native American or Alaska Native children and youth, an Indian
tribe, a tribally sanctioned educational authority, a Native
Hawaiian or Native American Pacific Islander native language
education organization, or an elementary or secondary school
that is operated or funded by the Bureau of Indian Affairs
shall be considered to be a local educational agency as such
term is used in this part, subject to the following
qualifications:
(1) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village
or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services
provided by the United States to Indians because of
their status as Indians.
(2) Tribally sanctioned educational authority.--The
term ``tribally sanctioned educational authority''
means--
(A) any department or division of education
operating within the administrative structure
of the duly constituted governing body of an
Indian tribe; and
(B) any nonprofit institution or organization
that is--
(i) chartered by the governing body
of an Indian tribe to operate any such
school or otherwise to oversee the
delivery of educational services to
members of that tribe; and
(ii) approved by the Secretary for
the purpose of this section.
(b) Eligible Entity Application.--Notwithstanding any other
provision of this part, each eligible entity described in
subsection (a) shall submit any application for assistance
under this part directly to the Secretary along with timely
comments on the need for the proposed program.
SEC. 3005. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED NATIONS.
For the purpose of carrying out programs under this part in
the outlying areas, the term `local educational agency'
includes public institutions or agencies whose mission is the
preservation and maintenance of native languages.
Subpart 1--Bilingual Education Capacity and Demonstration Grants
SEC. 3101. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.
The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections
3102 and 3103 to--
(1) develop and enhance their capacity to provide
high-quality instruction through bilingual education or
special alternative instruction programs to children
and youth of limited English proficiency; and
(2) to help such children and youth--
(A) develop proficiency in English, and to
the extent possible, their native language; and
(B) meet the same challenging State content
standards and challenging State student
performance standards expected for all children
and youth as required by section 1111(b).
SEC. 3102. PROGRAM ENHANCEMENT PROJECTS.
(a) Purpose.--The purpose of this section is to--
(1) provide grants to eligible entities to provide
innovative, locally designed, high quality instruction
to children and youth of limited English proficiency;
(2) help children and youth develop proficiency in
the English language by expanding or strengthening
instructional programs; and
(3) help children and youth attain the standards
established under section 1111(b).
(b) Program Authorized.--
(1) Authority.--
(A) In general.--The Secretary is authorized
to award grants to eligible entities having
applications approved under section 3104 to
enable such entities to carry out activities
described in paragraph (2).
(B) Period.--Each grant under this section
shall be awarded for a period of 3 years.
(2) Authorized activities.--
(A) Required activities.--Grants awarded
under this section shall be used for--
(i) developing, implementing,
expanding, or enhancing comprehensive
preschool, elementary, or secondary
education programs for limited English
proficient children and youth, that
are--
(I) aligned with State and
local content and student
performance standards, and
local school reform efforts;
and
(II) coordinated with related
services for children and
youth;
(ii) providing high quality
professional development to classroom
teachers, administrators, and other
school or community-based organization
personnel to improve the instruction
and assessment of limited English
proficient students; and
(iii) annually assessing the English
proficiency of all limited English
proficient students served by
activities carried out under this
section.
(B) Permissible activities.--Grants awarded
under this section may be used for--
(i) implementing programs to upgrade
the reading and other academic skills
of limited English proficient students;
(ii) developing accountability
systems to monitor the academic
progress of limited English proficient
and formerly limited English proficient
students;
(iii) implementing family education
programs and parent outreach and
training activities designed to assist
parents to become active participants
in the education of their children;
(iv) improving the instructional
programs for limited English proficient
students by identifying, acquiring, and
applying effective curricula,
instructional materials (including
materials provided throughtechnology),
and assessments that are all aligned
with State and local standards;
(v) providing intensified
instruction, including tutorials and
academic or career counseling, for
children and youth who are limited
English proficient;
(vi) adapting best practice models
for meeting the needs of limited
English proficient students;
(vii) assisting limited English
proficient students with disabilities;
(viii) implementing applied learning
activities such as service learning to
enhance and support comprehensive
elementary and secondary bilingual
education programs; and
(ix) carrying out such other
activities, consistent with the purpose
of this part, as the Secretary may
approve.
(c) Eligible Entity.--For the purpose of this section the
term ``eligible entity'' means--
(1) 1 or more local educational agencies;
(2) 1 or more local educational agencies in
collaboration with an institution of higher education,
community-based organization or local or State
educational agency; or
(3) a community-based organization or an institution
of higher education which has an application approved
by the local educational agency to enhance early
childhood education or family education programs or to
conduct an instructional program which supplements the
educational services provided by a local educational
agency.
(d) Priority.--In awarding grants under this section, the
Secretary may give priority to an entity that--
(1) serves a school district--
(A) that has a total district enrollment that
is less than 10,000 students; or
(B) with a large percentage or number of
limited English proficient students; and
(2) has limited or no experience in serving limited
English proficient students.
SEC. 3103. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT GRANTS.
(a) Purposes.--The purposes of this section are--
(1) to provide financial assistance to schools and
local educational agencies for implementing bilingual
education programs, in coordination with programs
carried out under this title, for children and youth of
limited English proficiency;
(2) to assist limited English proficient students to
meet the standards established under section 1111(b);
and
(3) to improve, reform, and upgrade relevant
instructional programs and operations, in schools and
local educational agencies, that serve significant
percentages of students with limited English
proficiency or significant numbers of such students.
(b) Authorized Activities.--
(1) Authority.--The Secretary may award grants to
eligible entities having applications approved under
section 3104 to enable such entities to carry out
activities described in paragraphs (2) and (3).
(2) Mandatory activities.--Grants awarded under this
section shall be used for--
(A) improving instructional programs for
limited English proficient students by
acquiring and upgrading curriculum and related
instructional materials;
(B) aligning the activities carried out under
this section with State and local school reform
efforts;
(C) providing training, aligned with State
and local standards, to school personnel and
participating community-based organization
personnel to improve the instruction and
assessment of limited English proficient
students;
(D) developing and implementing plans,
coordinated with plans for programs carried out
under title II of the Higher Education Act of
1965 (where applicable), and title II of this
Act (where applicable), to recruit teachers
trained to serve limited English proficient
students;
(E) implementing culturally and
linguistically appropriate family education
programs, or parent outreach and training
activities, that are designed to assist parents
to become active participants in the education
of their children;
(F) coordinating the activities carried out
under this section with other programs, such as
programs carried out under this title;
(G) providing services to meet the full range
of the educational needs of limited English
proficient students;
(H) annually assessing the English
proficiency of all limited English proficient
students served by the activities carried out
under this section; and
(I) developing or improving accountability
systems to monitor the academic progress of
limited English proficient students.
(3) Permissible activities.--Grants awarded under
this section may be used for--
(A) implementing programs to upgrade reading
and other academic skills of limited English
proficient students;
(B) developing and using educational
technology to improve learning, assessments,
and accountability to meet the needs of limited
English proficient students;
(C) implementing scientifically based
research programs to meet the needs of limited
English proficient students;
(D) providing tutorials and academic or
career counseling for limited English
proficient children and youth;
(E) developing and implementing State and
local content and student performance standards
for learning English as a second language, as
well as for learning other languages;
(F) developing and implementing programs for
limited English proficient students to meet the
needs of changing populations of such students;
(G) implementing policies to ensure that
limited English proficient students have access
to other education programs (other than
programs designed to address limited English
proficiency), such as gifted and talented,
vocational education, and special education
programs;
(H) implementing programs to meet the needs
of limited English proficient students with
disabilities;
(I) developing and implementing programs to
help all students become proficient in more
than 1 language; and
(J) providing such other activities related
to the purpose of this part as the Secretary
may approve.
(4) Special rule.--A recipient of a grant under this
section, before carrying out activities under this
section, shall plan, train personnel, develop
curricula, and acquire or develop materials, but shall
not use funds made available under this section for
planning purposes for more than 90 days. The recipient
shall commence carrying out activities under this
section not later than 90 days after the date of
receipt of the grant.
(c) Availability of Appropriations.--
(1) Reservation of funds for continued payments.--
(A) Covered grant.--In this paragraph, the
term ``covered grant'' means a grant--
(i) that was awarded under section
7114 or 7115 (as such sections were in
effect prior to the date of enactment
of the Better Education for Students
and Teachers Act); and
(ii) for which the grant period has
not ended.
(B) Reservation.--For any fiscal year that is
part of the grant period of a covered grant,
the Secretary shall reserve funds for the
payments described in subparagraph (C) from the
amount appropriated for the fiscal year under
section 3003 and made available for carrying
out this section.
(C) Payments.--The Secretary shall continue
to make grant payments to each entity that
received a covered grant, for the duration of
the grant period of the grant, to carry out
activities in accordance with the appropriate
section described in subparagraph (A)(i).
(2) Availability.--Of the amount appropriated for a
fiscal year under section 3003 that is made available
for carrying out this section, and that remains after
the Secretary reserves funds for payments under
paragraph (1)--
(A) not less than \1/3\ of the remainder
shall be used to award grants for activities
carried out within an entire school district;
and
(B) not less than \2/3\ of the remainder
shall be used to award grants for activities
carried out within individual schools.
(d) Eligible Entities.--In this section, the term
``eligible entity'' means--
(1) 1 or more local educational agencies; or
(2) 1 or more local educational agencies, in
collaboration with an institution of higher education,
community-based organization, local educational agency,
or State educational agency.
SEC. 3104. APPLICATIONS.
(a) In General.--
(1) Secretary.--To receive a grant under this
subpart, an eligible entity shall submit an application
to the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
(2) State educational agency.--An eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of its application
under this section to the State educational agency.
(b) State Review and Comments.--
(1) Deadline.--The State educational agency, not
later than 45 days after receipt of an application
under this section, shall review the application and
transmit the written comments of the agency regarding
the application to the Secretary.
(2) Comments.--
(A) Submission of comments.--Regarding any
application submitted under this subpart, the
State educational agency shall--
(i) submit to the Secretary written
comments regarding all such
applications; and
(ii) submit to each eligible entity
the comments that pertain to such
entity.
(B) Subject.--For purposes of this subpart,
such comments shall address--
(i) how the activities to be carried
out under the grant will further the
academic achievement and English
proficiency of limited English
proficient students served under the
grant; and
(ii) how the grant application is
consistent with the State plan required
under section 1111.
(c) Eligible Entity Comments.--An eligible entity may submit
to the Secretary comments that address the comments submitted
by the State educational agency.
(d) Comment Consideration.--In making grants under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
(e) Waiver.--Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement of subsection (b)
if a State educational agency can demonstrate that such review
requirement may impede such agency's ability to fulfill the
requirements of participation in the State grant program,
particularly such agency's data collection efforts and such
agency's ability to provide technical assistance to local
educational agencies not receiving funds under this Act.
(f) Required Documentation.--Such application shall include
documentation that--
(1) the applicant has the qualified personnel
required to develop, administer, and implement the
program proposed in the application; and
(2) the leadership personnel of each school
participating in the program have been involved in the
development and planning of the program in the school.
(g) Contents.--
(1) In general.--An application for a grant under
this subpart shall contain the following:
(A) A description of the need for the
proposed program, including--
(i) data on the number of limited
English proficient students in the
school or school district to be served;
(ii) the characteristics of such
students, including--
(I) the native languages of
the students;
(II) the proficiency of the
students in English and their
native language;
(III) achievement data
(current as of the date of
submission of the application)
for the limited English
proficient students in--
(aa) reading or
language arts (in
English and in the
native language, if
applicable); and
(bb) mathematics;
(IV) a comparison of that
data for the students with that
data for the English proficient
peers of the students; and
(V) the previous schooling
experiences of the students;
(iii) the professional development
needs of the instructional personnel
who will provide services for the
limited English proficient students
under the proposed program; and
(iv) how the services provided
through the grant will supplement the
basic services provided to limited
English proficient students.
(B) A description of the program to be
implemented and how such program's design--
(i) relates to the linguistic and
academic needs of the children and
youth of limited English proficiency to
be served;
(ii) will ensure that the services
provided through the program will
supplement the basic services the
applicant provides to limited English
proficient students;
(iii) is coordinated with other
programs under this Act and other Acts,
as appropriate, in accordance with
section 5506;
(iv) involves the parents of the
children and youth of limited English
proficiency to be served;
(v) ensures accountability in
achieving high academic standards; and
(vi) promotes coordination of
services for the children and youth of
limited English proficiency to be
served and their families.
(C) A description, if appropriate, of the
applicant's collaborative activities with
institutions of higher education, community-
based organizations, local or State educational
agencies,private schools, nonprofit
organizations, or businesses in carrying out
the proposed program.
(D) An assurance that the applicant will not
reduce the level of State and local funds that
the applicant expends for bilingual education
or special alternative instruction programs if
the applicant receives an award under this
subpart.
(E) An assurance that the applicant will
employ teachers in the proposed program who,
individually or in combination, are proficient
in--
(i) English, including written, as
well as oral, communication skills; and
(ii) the native language of the
majority of the students that the
teachers teach, if instruction in the
program is in the native language as
well as English.
(F) A budget for grant funds.
(2) Additional information.--Each application for a
grant under section 3103 shall--
(A) describe--
(i) current services the applicant
provides to children and youth of
limited English proficiency;
(ii) what services children and youth
of limited English proficiency will
receive under the grant that such
children or youth will not otherwise
receive;
(iii) how funds received under this
subpart will be integrated with all
other Federal, State, local, and
private resources that may be used to
serve children and youth of limited
English proficiency;
(iv) specific achievement and school
retention goals for the children and
youth to be served by the proposed
program and how progress toward
achieving such goals will be measured;
and
(v) current family education programs
if applicable; and
(B) provide assurances that--
(i) the program funded will be
integrated with the overall educational
program; and
(ii) the application has been
developed in consultation with an
advisory council, the majority of whose
members are parents and other
representatives of the children and
youth to be served in such programs.
(h) Approval of Applications.--An application for a grant
under this subpart may be approved only if the Secretary
determines that--
(1) the program will use qualified personnel,
including personnel who are proficient in the language
or languages used for instruction;
(2) in designing the program for which application is
made, the needs of children in nonprofit private
elementary and secondary schools have been taken into
account through consultation with appropriate private
school officials and, consistent with the number of
such children enrolled in such schools in the area to
be served whose educational needs are of the type and
whose language and grade levels are of a similar type
to those which the program is intended to address,
after consultation with appropriate private school
officials, provision has been made for the
participation of such children on a basis comparable to
that provided for public school children;
(3) student evaluation and assessment procedures in
the program are valid, reliable, and fair for limited
English proficient students, and that limited English
proficient students who are disabled are identified and
served in accordance with the requirements of the
Individuals with Disabilities Education Act;
(4) Federal funds made available for the project or
activity will be used so as to supplement the level of
State and local funds that, in the absence of such
Federal funds, would have been expended for special
programs for children of limited English proficient
individuals and in no case to supplant such State and
local funds, except that nothing in this paragraph
shall be construed to preclude a local educational
agency from using funds under this subpart for
activities carried out under an order of a court of the
United States or of any State respecting services to be
provided such children, or to carry out a plan approved
by the Secretary as adequate under title VI of the
Civil Rights Act of 1964 with respect to services to be
provided such children;
(5) the assistance provided under the application
will contribute toward building the capacity of the
applicant to provide a program on a regular basis,
similar to that proposed for assistance, which will be
of sufficient size, scope, and quality to promise
significant improvement in the education ofstudents of
limited English proficiency, and that the applicant
will have the resources and commitment to continue the
program when assistance under this subpart is reduced
or no longer available; and
(6) the applicant provides for utilization of the
State and national dissemination sources for program
design and in dissemination of results and products.
(i) Priorities and Special Rules.--
(1) Priority.--In approving applications for grants
for programs under this subpart, the Secretary shall
give priority to an applicant who--
(A) experiences a dramatic increase in the
number or percentage of limited English
proficient students enrolled in the applicant's
programs and has limited or no experience in
serving limited English proficient students;
(B) is a local educational agency that serves
a school district that has a total district
enrollment that is less than 10,000 students;
(C) demonstrates that the applicant has a
proven record of success in helping limited
English proficient children and youth learn
English and meet high academic standards;
(D) proposes programs that provide for the
development of bilingual proficiency both in
English and another language for all
participating students; or
(E) serves a school district with a large
percentage or number of limited English
proficient students.
(2) Consideration.--In approving applications under
this subpart, the Secretary shall give consideration to
the degree to which the program for which assistance is
sought involves the collaborative efforts of
institutions of higher education, community-based
organizations, the appropriate local and State
educational agency, or businesses.
(3) Due consideration.--The Secretary shall give due
consideration to applications providing training for
personnel participating in or preparing to participate
in the program which will assist such personnel in
meeting State and local certification requirements and
that, to the extent possible, describe how college or
university credit will be awarded for such training.
SEC. 3105. CAPACITY BUILDING.
Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient's capacity to
continue to offer high-quality bilingual and special
alternative education programs and services to children and
youth of limited English proficiency once Federal assistance is
reduced or eliminated.
SEC. 3106. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
Programs authorized under this subpart that serve Native
American children, Native Pacific Island children, and children
in the Commonwealth of Puerto Rico, notwithstanding any other
provision of this subpart, may include programs of instruction,
teacher training, curriculum development, evaluation, and
testing designed for Native American children and youth
learning and studying Native American languages and children
and youth of limited Spanish proficiency, except that 1 outcome
of such programs serving Native American children shall be
increased English proficiency among such children.
SEC. 3107. EVALUATIONS.
(a) Evaluation.--Each recipient of funds under this subpart
for a program shall annually conduct an evaluation of the
program and submit to the Secretary a report concerning the
evaluation, in the form prescribed by the Secretary.
(b) Use of Evaluation.--Such evaluation shall be used by
the grant recipient--
(1) for program improvement;
(2) to further define the program's goals and
objectives; and
(3) to determine program effectiveness.
(c) Evaluation Report Components.--In preparing the
evaluation reports, the recipient shall--
(1) use the data provided in the application
submitted by the recipient under section 3104 as
baseline data against which to report academic
achievement and gains in English proficiency for
students in the program;
(2) disaggregate the results of the evaluation by
gender, language groups, and whether the students have
disabilities;
(3) include data on the progress of the recipient in
achieving the objectives of the program, including data
demonstrating the extent to which students served by
the program are meeting the State's student performance
standards, and including data comparing limited English
proficient students with English proficient students
with regard to school retention and academic
achievement in--
(A) reading and language arts;
(B) English proficiency;
(C) mathematics; and
(D) the native language of the students if
the program develops native language
proficiency;
(4) include information on the extent that
professional development activities carried out through
the program have resulted in improved classroom
practices and improved student performance;
(5) include a description of how the activities
carried out through the program are coordinated and
integrated with the other Federal, State, or local
programs serving limited English proficient children
and youth; and
(6) include such other information as the Secretary
may require.
SEC. 3108. CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit a
local educational agency from serving limited English
proficient children and youth simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
Subpart 2--Research, Evaluation, and Dissemination
SEC. 3121. AUTHORITY.
(a) In General.--The Secretary is authorized to conduct
data collection, dissemination, research, and ongoing program
evaluation activities in accordance with the provisions of this
subpart for the purpose of improving bilingual education and
special alternative instruction programs for children and youth
of limited English proficiency.
(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported
through competitive grants, contracts and cooperative
agreements awarded institutions of higher education, nonprofit
organizations, and State and local educational agencies.
(c) Administration.--The Secretary shall conduct data
collection, dissemination, and ongoing program evaluation
activities authorized by this subpart through the Office of
Bilingual Education and Minority Language Affairs.
SEC. 3122. RESEARCH.
(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Office of
Educational Research and Improvement in coordination and
collaboration with the Office of Bilingual Education and
Minority Language Affairs.
(b) Requirements.--Such research activities--
(1) shall have a practical application to teachers,
counselors, paraprofessionals, school administrators,
parents, and others involved in improving the education
of limited English proficient students and their
families;
(2) may include research on effective instructional
practices for multilingual classes, and on effective
instruction strategies to be used by teachers and other
staff who do not know the native language of a limited
English proficient child or youth in their classrooms;
(3) may include establishing (through the National
Center for Education Statistics in consultation with
experts in bilingual education, second language
acquisition, and English-as-a-second-language) a common
definition of ``limited English proficient student''
for purposes of national data collection; and
(4) shall be administered by individuals with
expertise in bilingual education and the needs of
limited English proficient students and their families.
(c) Field-Initiated Research.--
(1) In general.--The Secretary shall reserve not less
than 5 percent of the funds made available to carry out
this section for field-initiated research conducted by
current or recent recipients of grants under chapter 1
or 2 who have received such grants within the previous
5 years. Such research may provide for longitudinal
studies of students or teachers in bilingual education,
monitoring the education of such students from entry in
bilingual education through secondary school
completion.
(2) Applications.--Applicants for assistance under
this subsection may submit an application for such
assistance to the Secretary at the same time as
applications are submitted under chapter 1 or 2. The
Secretary shall complete a review of such applications
on a timely basis to allow research and program grants
to be coordinated when recipients are awarded 2 or more
such grants.
(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchers and practitioners to identify
areas of study and activities to be funded under this section.
(e) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited English proficient
students as part of the data systems operated by the
Department.
SEC. 3123. ACADEMIC EXCELLENCE AWARDS.
(a) Authority.--The Secretary may make grants to State
educational agencies to assist the agencies in recognizing
local educational agencies and other public and nonprofit
entities whose programs have--
(1) demonstrated significant progress in assisting
limited English proficient students to learn English
according to age appropriate and developmentally
appropriate standards; and
(2) demonstrated significant progress in assisting
limited English proficient children and youth to meet,
according to age appropriate and developmentally
appropriate standards, the same challenging State
content standards as all children and youth are
expected to meet.
(b) Applications.--A State educational agency desiring a
grant under this section shall include an application for such
grant in the application submitted by the agency under section
3124(e).
SEC. 3124. STATE GRANT PROGRAM.
(a) State Grant Program.--The Secretary is authorized to make
an award to a State educational agency that demonstrates, to
the satisfaction of the Secretary, that such agency, through
such agency's own programs and other Federal education
programs, effectively provides for the education of children
and youth of limited English proficiency within the State.
(b) Payments.--The amount paid to a State educational agency
under subsection (a) shall not exceed 5 percent of the total
amount awarded to local educational agencies within the State
under chapter 1 for the previous fiscal year, except that in no
case shall the amount paid by the Secretary to any State
educational agency under this subsection for any fiscal year be
less than $200,000.
(c) Use of Funds.--
(1) In general.--A State educational agency shall use
funds awarded under this section to--
(A) assist local educational agencies in the
State with activities that--
(i) consist of program design,
capacity building, assessment of
student performance, program
evaluation, and development of data
collection and accountability systems
for limited English proficient
students; and
(ii) are aligned with State reform
efforts; and
(B) collect data on the State's limited
English proficient populations and document the
services available to all such populations.
(2) Training.--The State educational agency may also
use funds provided under this section for the training
of State educational agency personnel in educational
issues affecting limited English proficient children
and youth.
(3) Special rule.--Recipients of funds under this
section shall not restrict the provision of services
under this section to federally funded programs.
(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this subpart and other individuals
or organizations involved in the development or operation of
programs serving limited English proficient children or youth
to ensure that such funds are used in a manner consistent with
the requirements of this subpart.
(e) Applications.--A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent practical,
to increase to the level of funds that would, in the absence of
such funds, be made available by the State for the purposes
described in this section, and in no case to supplant such
funds.
(g) Report to the Secretary.--State educational agencies
receiving awards under this section shall provide for the
annual submission of a summary report to the Secretary
describing such State's use of such funds.
SEC. 3125. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for Bilingual
Education, which shall collect, analyze, synthesize, and
disseminate information about bilingual education and related
programs.
(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system of clearinghouses supported by
the Office of Educational Research and Improvement;
(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks
and systems;
(3) develop a data base management and monitoring
system for improving the operation and effectiveness of
federally funded bilingual education programs;
(4) develop, maintain, and disseminate a listing, by
geographical area, of education professionals, parents,
teachers, administrators, community members and others
who are native speakers of languages other than English
for use as a resource by local educational agencies and
schools in the development and implementation of
bilingual education programs; and
(5) publish, on an annual basis, a list of grant
recipients under this subpart.
SEC. 3126. INSTRUCTIONAL MATERIALS DEVELOPMENT.
The Secretary may provide grants for the development,
publication, and dissemination of high-quality instructional
materials in Native American and Native Hawaiian languages and
the language of Native Pacific Islanders and natives of the
outlying areas for which instructional materials are not
readily available, and in other low-incidence languages in the
United States for which instructional materials are not readily
available. The Secretary shall give priority to the development
of instructional materials in languages indigenous to the
United States or the outlying areas. The Secretary shall also
accord priority to applications for assistance under this
section which provide for developing and evaluating materials
in collaboration with activities assisted under chapters 1 and
2 and which are consistent with voluntary national content
standards and challenging State content standards.
Subpart 3--Professional Development
SEC. 3131. PURPOSE.
The purpose of this subpart is to assist in preparing
educators to improve the educational services for limited
English proficient children and youth by supporting
professional development programs and the dissemination of
information on appropriate instructional practices for such
children and youth.
SEC. 3132. TRAINING FOR ALL TEACHERS PROGRAM.
(a) Purpose.--The purpose of this section is to provide for
the incorporation of courses and curricula on appropriate and
effective instructional and assessment methodologies,
strategies and resources specific to limited English proficient
students into preservice and inservice professional development
programs for teachers, pupil services personnel, administrators
and other education personnel in order to prepare such
individuals to provide effective services to limited English
proficient students.
(b) Authorization.--
(1) Authority.--The Secretary may award grants under
this section to--
(A) local educational agencies; or
(B) 1 or more local educational agencies in a
consortium with 1 or more State educational
agencies, institutions of higher education, or
nonprofit organizations.
(2) Duration.--Each grant awarded under this section
shall be awarded for a period of not more than 5 years.
(c) Authorized Activities.--
(1) Professional development activities.--Grants
awarded under this section shall be used to conduct
high-quality, long-term professional development
activities relating to meeting the needs of limited
English proficient students, which may include--
(A) developing and implementing induction
programs for new teachers, including programs
that provide mentoring and coaching by trained
teachers, and team teaching with experienced
teachers;
(B) implementing school-based collaborative
efforts among teachers to improve instruction
in core academic areas, including reading, for
students with limited English proficiency;
(C) coordinating activities with other
programs, such as programs carried out under
this title, title II, and the Head Start Act;
(D) implementing programs that support
effective teacher use of education technologies
to improve instruction and assessment;
(E) establishing and maintaining local
professional networks;
(F) developing curricular materials and
assessments for teachers that are aligned with
State and local standards and the needs of the
limited English proficient students to be
served; and
(G) carrying out such other activities as are
consistent with the purpose of this section.
(2) Permissible activities.--Activities conducted
under this section may include the development of
training programs in collaboration with other programs,
such as programs authorized under this title, title II,
and the Head Start Act.
SEC. 3133. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.
(a) Purpose.--The purpose of this section is to provide
for--
(1) preservice and inservice professional development
for bilingual education teachers, administrators, pupil
services personnel, and other educational personnel who
are either involved in, or preparing to be involved in,
the provision of educational services for children and
youth of limited English proficiency; and
(2) national professional development institutes that
assist schools or departments of education in
institutions of higher education to improve the quality
of professional development programs for personnel
serving, preparing to serve, or who may serve, children
and youth of limited English proficiency.
(b) Priority.--The Secretary shall give priority in
awarding grants under this section to institutions of higher
education, in consortia with local or State educational
agencies, that offer degree programs which prepare new
bilingual education teachers in order to increase the
availability of educators to provide high-quality education to
limited English proficient students.
(c) Program Authorized.--
(1) Grants to institutions of higher education.--The
Secretary is authorized to award grants for not more
than 5 years to institutions of higher education which
have entered into consortia arrangements with local or
State educational agencies to achieve the purposes of
this section.
(2) Grants to state and local educational agencies.--
The Secretary is authorized to award grants for not
more than 5 years to State and local educational
agencies for inservice professional development
programs.
SEC. 3134. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
(a) Purpose.--The purpose of this section is--
(1) to upgrade the qualifications and skills of
noncertified educational personnel, especially
educational paraprofessionals, to meet high
professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited English
proficient students, through collaborative training
programs operated by institutions of higher education
and local and State educational agencies; and
(2) to help recruit and train secondary school
students as bilingual education teachers and other
educational personnel to serve limited English
proficient students.
(b) Authorization.--
(1) In general.--The Secretary is authorized to award
grants for bilingual education career ladder programs
to institutions of higher education applying in
consortia with local or State educational agencies,
which consortia may include community-based
organizations or professional education organizations.
(2) Duration.--Each grant under this section shall be
awarded for a period of not more than 5 years.
(c) Permissive Activities.--Grants awarded under this
section may be used--
(1) for the development of bilingual education career
ladder program curricula appropriate to the needs of
the consortium participants;
(2) to provide assistance for stipends and costs
related to tuition, fees and books for enrolling in
courses required to complete the degree and
certification requirements to become bilingual
education teachers; and
(3) for programs to introduce secondary school
students to careers in bilingual education teaching
that are coordinated with other activities assisted
under this section.
(d) Special Consideration.--The Secretary shall give
special consideration to applications under this section which
provide for--
(1) participant completion of baccalaureate and
master's degree teacher education programs, and
certification requirements, which may include effective
employment placement activities;
(2) development of teacher proficiency in English as
a second language, including demonstrating proficiency
in the instructional use of English and, as
appropriate, a second language in classroom contexts;
(3) coordination with the Federal TRIO programs under
chapter 1 of subpart 2 of part A of title IV of the
Higher Education Act of 1965, programs under title I of
the National and Community Service Act of 1990, and
other programs for the recruitment and retention of
bilingual students in secondary and postsecondary
programs to train to become bilingual educators; and
(4) the applicant's contribution of additional
student financial aid to participating students.
SEC. 3135. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related
to instruction of children and youth of limited English
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation
research related to such study.
(2) Information.--The Secretary shall include
information on the operation and the number of
fellowships awarded under the fellowship program in the
evaluation required under section 3139.
(b) Fellowship Requirements.--
(1) In general.--Any person receiving a fellowship
under this section shall agree to--
(A) work in an activity related to the
program or in an activity such as an activity
authorized under this part, including work as a
bilingual education teacher, for a period of
time equivalent to the period of time during
which such person receives assistance under
this section; or
(B) repay such assistance.
(2) Regulations.--The Secretary shall establish in
regulations such terms and conditions for such
agreement as the Secretary deems reasonable and
necessary and may waive the requirement of paragraph
(1) in extraordinary circumstances.
(c) Priority.--In awarding fellowships under this section
the Secretary may give priority to institutions of higher
education that demonstrate experience in assisting fellowship
recipients find employment in the field of bilingual education.
SEC. 3136. APPLICATION.
(a) In General.--
(1) Secretary.--To receive an award under this
subpart, an eligible entity shall submit an application
to the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
(2) Consultation and assessment.--Each such
application shall contain a description of how the
applicant has consulted with, and assessed the needs
of, public and private schools serving children and
youth of limited English proficiency to determine such
school's need for, and the design of, the program for
which funds are sought.
(3) Special rule.--
(A) Training practicum.--An application under
subsection (a) from an applicant who proposes
to conduct a master's- or doctoral-level
program with funds received under this section
shall provide an assurance that such program
will include, as a part of the program, a
training practicum in a local school program
serving children and youth of limited English
proficiency.
(B) Waiver.--A recipient of a grant under
this subpart may waive the requirement of a
training practicum for a degree candidate with
significant experience in a local school
program serving children and youth of limited
English proficiency.
(4) State educational agency.--An eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of the application
under this subsection to the State educational agency.
(b) State Review and Comments.--
(1) Deadline.--The State educational agency, not
later than 45 days after receipt of such application
copy, shall review the application and transmit such
application to the Secretary.
(2) Comments.--
(A) Submission of comments.--Regarding any
application submitted under this subpart, the
State educational agency shall--
(i) submit to the Secretary written
comments regarding all such
applications; and
(ii) submit to each eligible entity
the comments that pertain to such
entity.
(B) Subject.--For purposes of this subpart,
comments shall address how the eligible
entity--
(i) will further the academic
achievement of limited English
proficient students served pursuant to
a grant received under this subpart;
and
(ii) how the grant application is
consistent with the State plan
submitted under section 1111.
(3) Waiver.--Notwithstanding paragraphs (1) and (2),
the Secretary is authorized to waive the review
requirement if a State educational agency can
demonstrate that such review requirement may impede
such agency's ability to fulfill the requirements of
participation in the State grant program,
particularlysuch agency's data collection efforts and
such agency's ability to provide technical assistance
to local educational agencies not receiving funds under
this Act.
(c) Eligible Entity Comments.--An eligible entity may
submit to the Secretary comments that address the comments
submitted by the State educational agency.
(d) Comment Consideration.--In making awards under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
(e) Special Rule.--
(1) Outreach and technical assistance.--The Secretary
shall provide for outreach and technical assistance to
institutions of higher education eligible for
assistance under title III of the Higher Education Act
of 1965 and institutions of higher education that are
operated or funded by the Bureau of Indian Affairs to
facilitate the participation of such institutions in
activities under this subpart.
(2) Distribution rule.--In making awards under this
subpart, the Secretary, consistent with subsection (d),
shall ensure adequate representation of Hispanic-
serving institutions that demonstrate competence and
experience in the programs and activities authorized
under this subpart and are otherwise qualified.
SEC. 3137. STIPENDS.
The Secretary shall provide for the payment of such
stipends (including allowances for subsistence and other
expenses for such persons and their dependents), as the
Secretary determines to be appropriate, to persons
participating in training programs under this subpart.
SEC. 3138. PROGRAM EVALUATIONS.
Each recipient of funds under this subpart for a program
shall annually conduct an evaluation of the program and submit
to the Secretary a report containing the evaluation. Such
report shall include information on--
(1) the number of participants served through the
program, the number of participants who completed
program requirements, and the number of participants
who took positions in an instructional setting with
limited English proficient students;
(2) the effectiveness of the program in imparting the
professional skills necessary for participants to
achieve the objectives of the program; and
(3) the teaching effectiveness of graduates of the
program or other participants who have completed the
program.
SEC. 3139. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.
Awards under this subpart may be used to develop a program
participant's competence in a second language for use in
instructional programs.
Subpart 4--Transition
SEC. 3141. SPECIAL RULE.
Notwithstanding any other provision of law, no recipient of
a grant under title VII of this Act (as such title was in
effect on the day preceding the date of enactment of the Better
Education for Students and Teachers Act) shall be eligible for
fourth- and fifth-year renewals authorized by section
7021(d)(1)(C) of such title (as such section was in effect on
the day preceding the date of enactment of such Act).
PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM
SEC. 3201. SHORT TITLE.
This part may be cited as the ``Foreign Language Assistance
Act of 1994''.
SEC. 3202. PROGRAM AUTHORIZED.
(a) Program Authority.--
(1) In general.--The Secretary shall make grants, on
a competitive basis, to State educational agencies or
local educational agencies to pay the Federal share of
the cost of innovative model programs providing for the
establishment, improvement or expansion of foreign
language study for elementary and secondary school
students.
(2) Duration.--Each grant under paragraph (1) shall
be awarded for a period of three years.
(b) Requirements.--
(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
(A) show the promise of being continued
beyond the grant period;
(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
(C) may include a professional development
component.
(c) Federal Share.--
(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1) for any local educational agency which
the Secretary determines does not have adequate
resources to pay the non-Federal share of the cost of
the activities assisted under this part.
(3) Special rule.--Not less than three-fourths of the
funds appropriated under section 3206 shall be used for
the expansion of foreign language learning in the
elementary grades.
(4) Reservation.--The Secretary may reserve not more
than 5 percent of funds appropriated under section 3206
to evaluate the efficacy of programs under this part.
SEC. 3203. APPLICATIONS.
(a) In General.--Any State educational agency or local
educational agency desiring a grant under this part shall
submit an application to the Secretary at such time, in such
form, and containing such information and assurances as the
Secretary may require.
(b) Special Consideration.--The Secretary shall give
special consideration to applications describing programs
that--
(1) include intensive summer foreign language
programs for professional development;
(2) link non-native English speakers in the community
with the schools in order to promote two-way language
learning;
(3) promote the sequential study of a foreign
language for students, beginning in elementary schools;
(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
(5) promote innovative activities such as foreign
language immersion, partial foreign language immersion,
or content-based instruction; and
(6) are carried out through a consortium comprised of
the agency receiving the grant and an elementary school
or secondary school.
SEC. 3204. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
(a) Incentive Payments.--From amounts appropriated under
section 3206 the Secretary shall make an incentive payment for
each fiscal year to each public elementary school that provides
to students attending such school a program designed to lead to
communicative competency in a foreign language.
(b) Amount.--The Secretary shall determine the amount of
the incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
(c) Requirement.--The Secretary shall consider a program to
be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language not less than 4 days per week throughout an academic
year.
SEC. 3205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $35,000,000 for the
fiscal year 2002, and such sums as may be necessary for each of
the 6 succeeding fiscal years, to carry out this part, of which
not more than $20,000,000 may be used in each fiscal year to
carry out section 3204.
PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM
SEC. 3301. PURPOSE.
(a) Findings.--The Congress finds that--
(1) the education of our Nation's children and youth
is one of the most sacred government responsibilities;
(2) local educational agencies have struggled to fund
adequately education services;
(3) in the case of Plyler v. Doe, the Supreme Court
held that States have a responsibility under the Equal
Protection Clause of the Constitution to educate all
children, regardless of immigration status; and
(4) immigration policy is solely a responsibility of
the Federal Government.
(b) Purpose.--The purpose of this part is to assist
eligible local educational agencies that experience
unexpectedly large increases in their student population due to
immigration to--
(1) provide high-quality instruction to immigrant
children and youth; and
(2) help such children and youth--
(A) with their transition into American
society; and
(B) meet the same challenging State
performance standards expected of all children
and youth.
SEC. 3302. STATE ADMINISTRATIVE COSTS.
For any fiscal year, a State educational agency may reserve
not more than 1.5 percent (2 percent if the State educational
agency distributes funds received under this part to local
educational agencies on a competitive basis) of the amount
allocated to such agency under section 3304 to pay the costs of
performing such agency's administrative functions under this
part.
SEC. 3303. WITHHOLDING.
Whenever the Secretary, after providing reasonable notice
and opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
provision of this part, the Secretary shall notify that agency
that further payments will not be made to the agency under this
part, or in the discretion of the Secretary, that the State
educational agency shall not make further payments under this
part to specified local educational agencies whose actions
cause or are involved in such failure until the Secretary is
satisfied that there is no longer any such failure to comply.
Until the Secretary is so satisfied, no further payments shall
be made to the State educational agency under this part, or
payments by the State educational agency under this part shall
be limited to local educational agencies whose actions did not
cause or were not involved in the failure, as the case may be.
SEC. 3304. STATE ALLOCATIONS.
(a) Payments.--The Secretary shall, in accordance with the
provisions of this section, make payments to State educational
agencies for each of the fiscal years 2002 through 2008 for the
purpose set forth in section 3301.
(b) Allocations.--
(1) In general.--Except as provided in subsections
(c) and (d), of the amount appropriated for each fiscal
year for this part, each State participating in the
program assisted under this part shall receive an
allocation equal to the proportion of such State's
number of immigrant children and youth who are enrolled
in public elementary schools or secondary schools under
the jurisdiction of each local educational agency
described in paragraph (2) within such State, and in
nonpublic elementary schools or secondary schools
within the district served by each such local
educational agency, relative to the total number of
immigrant children and youth so enrolled in all the
States participating in the program assisted under this
part.
(2) Eligible local educational agencies.--The local
educational agencies referred to in paragraph (1) are
those local educational agencies in which the sum of
the number of immigrant children and youth who are
enrolled in public elementary schools or secondary
schools under the jurisdiction of such agencies, and in
nonpublic elementary schools or secondary schools
within the districts served by such agencies, during
the fiscal year for which the payments are to be made
under this part, is equal to--
(A) at least 500; or
(B) at least 3 percent of the total number of
students enrolled in such public or nonpublic
schools during such fiscal year,
whichever number is less.
(c) Determinations of Number of Children and Youth.--
(1) In general.--Determinations by the Secretary
under this section for any period with respect to the
number of immigrant children and youth shall be made on
the basis of data or estimates provided to the
Secretary by each State educational agency in
accordance with criteria established by the Secretary,
unless the Secretary determines, after notice and
opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
(2) Special rule.--No such determination with respect
to the number of immigrant children and youth shall
operate because of an underestimate or overestimate to
deprive any State educational agency of the allocation
under this section that such State would otherwise have
received had such determination been made on the basis
of accurate data.
(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out the
purpose for which the payment was made, the Secretary shall
make such amount available for carrying out such purpose to one
or more other States to the extent the Secretary determines
that such other States will be able to use such additional
amount for carrying out such purpose. Any amount made available
to a State from any appropriation for a fiscal year in
accordance with the preceding sentence shall, for purposes of
this part, be regarded as part of such State's payment (as
determined under subsection (b)) for such year, but shall
remain available until the end of the succeeding fiscal year.
(e) Reservation of Funds.--
(1) In general.--Notwithstanding any other provision
of this part, if the amount appropriated tocarry out
this part exceeds $50,000,000 for a fiscal year, a
State educational agency may reserve not more than 20
percent of such agency's payment under this part for
such year to award grants, on a competitive basis, to
local educational agencies within the State as follows:
(A) Agencies with immigrant children and
youth.--At least one-half of such grants shall
be made available to eligible local educational
agencies (as described in subsection (b)(2))
within the State with the highest numbers and
percentages of immigrant children and youth.
(B) Agencies with a sudden influx of
immigrant children and youth.--Funds reserved
under this paragraph and not made available
under subparagraph (A) may be distributed to
local educational agencies within the State
experiencing a sudden influx of immigrant
children and youth which are otherwise not
eligible for assistance under this part.
(2) Use of grant funds.--Each local educational
agency receiving a grant under paragraph (1) shall use
such grant funds to carry out the activities described
in section 3307.
(3) Information.--Local educational agencies with the
highest number of immigrant children and youth
receiving funds under paragraph (1) may make
information available on serving immigrant children and
youth to local educational agencies in the State with
sparse numbers of such children.
SEC. 3305. STATE APPLICATIONS.
(a) Submission.--No State educational agency shall receive
any payment under this part for any fiscal year unless such
agency submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such information,
as the Secretary may reasonably require. Each such application
shall--
(1) provide that the educational programs, services,
and activities for which payments under this part are
made will be administered by or under the supervision
of the agency;
(2) provide assurances that payments under this part
will be used for purposes set forth in sections 3301
and 3307, including a description of how local
educational agencies receiving funds under this part
will use such funds to meet such purposes and will
coordinate with other programs assisted under this Act,
and other Acts as appropriate;
(3) provide an assurance that local educational
agencies receiving funds under this part will
coordinate the use of such funds with programs assisted
under part A or title I;
(4) provide assurances that such payments, with the
exception of payments reserved under section 3304(e),
will be distributed among local educational agencies
within that State on the basis of the number of
immigrant children and youth counted with respect to
each such local educational agency under section
3304(b)(1);
(5) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this part
without first affording the local educational agency
submitting an application for such funds reasonable
notice and opportunity for a hearing;
(6) provide for making such reports as the Secretary
may reasonably require to perform the Secretary's
functions under this part;
(7) provide assurances--
(A) that to the extent consistent with the
number of immigrant children and youth enrolled
in the nonpublic elementary or secondary
schools within the district served by a local
educational agency, such agency, after
consultation with appropriate officials of such
schools, shall provide for the benefit of such
children and youth secular, neutral, and
nonideological services, materials, and
equipment necessary for the education of such
children and youth;
(B) that the control of funds provided under
this part to any materials, equipment, and
property repaired, remodeled, or constructed
with those funds shall be in a public agency
for the uses and purposes provided in this
part, and a public agency shall administer such
funds and property; and
(C) that the provision of services pursuant
to this paragraph shall be provided by
employees of a public agency or through
contract by such public agency with a person,
association, agency, or corporation who or
which, in the provision of such services, is
independent of such nonpublic elementary school
or secondary school and of any religious
organization, and such employment or contract
shall be under the control and supervision of
such public agency, and the funds provided
under this paragraphshall not be commingled
with State or local funds;
(8) provide that funds reserved under subsection (e)
of section 3304 be awarded on a competitive basis based
on merit and need in accordance with such subsection;
and
(9) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section 1120(b).
(b) Application Review.--
(1) In general.--The Secretary shall review all
applications submitted pursuant to this section by
State educational agencies.
(2) Approval.--The Secretary shall approve any
application submitted by a State educational agency
that meets the requirements of this section.
(3) Disapproval.--The Secretary shall disapprove any
application submitted by a State educational agency
which does not meet the requirements of this section,
but shall not finally disapprove an application except
after providing reasonable notice, technical
assistance, and an opportunity for a hearing to the
State.
SEC. 3306. ADMINISTRATIVE PROVISIONS.
(a) Notification of Amount.--The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 3305 of the
amount of such agency's allocation under section 3304 for the
succeeding year.
(b) Services to Children Enrolled in Nonpublic Schools.--If
by reason of any provision of law a local educational agency is
prohibited from providing educational services for children
enrolled in elementary and secondary nonpublic schools, as
required by section 3305(a)(7), or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable
basis of children enrolled in such schools, the Secretary may
waive such requirement and shall arrange for the provision of
services, subject to the requirements of this part, to such
children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in
accordance with the provisions of title I.
SEC. 3307. USES OF FUNDS.
(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
(2) salaries of personnel, including teacher aides
who have been specifically trained, or are being
trained, to provide services to immigrant children and
youth;
(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program;
(5) basic instructional services which are directly
attributable to the presence in the school district of
immigrant children, including the costs of providing
additional classroom supplies, overhead costs, costs of
construction, acquisition or rental of space, costs of
transportation, or such other costs as are directly
attributable to such additional basic instructional
services; and
(6) such other activities, related to the purposes of
this part, as the Secretary may authorize.
(b) Consortia.--A local educational agency that receives a
grant under this part may collaborate or form a consortium with
one or more local educational agencies, institutions of higher
education, and nonprofit organizations to carry out the program
described in an application approved under this part.
(c) Subgrants.--A local educational agency that receives a
grant under this part may, with the approval of the Secretary,
make a subgrant to, or enter into a contract with, an
institution of higher education, a nonprofit organization, or a
consortium of such entities to carry out a program described in
an application approved under this part, including a program to
serve out-of-school youth.
(d) Construction.--Nothing in this part shall be construed to
prohibit a local educational agency from serving immigrant
children simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
SEC. 3308. REPORTS.
(a) Biennial Report.--Each State educational agency receiving
funds under this part shall submit, once every 2 years, a
report to the Secretary concerning the expenditure of funds by
local educational agencies under this part. Each local
educational agency receiving funds under this part shall submit
to the State educational agency such information as may be
necessary for such report.
(b) Report to Congress.--The Secretary shall submit, once
every 2 years, a report to the appropriatecommittees of the
Congress concerning programs assisted under this part.
SEC. 3309. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $200,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 6 succeeding
fiscal years.
PART D--ADMINISTRATION
SEC. 3401. RELEASE TIME.
The Secretary shall allow professional development programs
funded under subpart 1 to use funds provided under subpart 1
for professional release time to enable individuals to
participate in programs assisted under subpart 1.
SEC. 3402. EDUCATION TECHNOLOGY.
Funds made available under subpart 1 may be used to provide
for the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and communications,
and incorporation of such resources in curricula and programs
such as those funded under this title.
SEC. 3403. NOTIFICATION.
The State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within 3
working days of the date an award under subpart 1 is made to an
eligible entity within the State.
SEC. 3404. CONTINUED ELIGIBILITY.
Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title, the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants under this title.
SEC. 3405. COORDINATION AND REPORTING REQUIREMENTS.
(a) Coordination With Related Programs.--In order to maximize
Federal efforts aimed at serving the educational needs of
children and youth of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation with
other programs serving language-minority and limited English
proficient students that are administered by the Department and
other agencies. The Secretary shall consult with the Secretary
of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General and the heads of
other relevant agencies to identify and eliminate barriers to
appropriate coordination of programs that affect language-
minority and limited English proficient students and their
families. The Secretary shall provide for continuing
consultation and collaboration, between the Office and relevant
programs operated by the Department, including programs under
this title and other programs under this Act, in planning,
contracts, providing joint technical assistance, providing
joint field monitoring activities and in other relevant
activities to ensure effective program coordination to provide
high quality education opportunities to all language-minority
and limited English proficient students.
(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall include
the collection and reporting of data on limited English
proficient students.
(c) Publication of Proposals.--The Secretary shall publish
and disseminate all requests for proposals for programs funded
under subpart 1.
(d) Report.--The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary
and to the Committee on Health, Education, Labor, and Pensions
of the Senate and to the Committee on Education and the
Workforce of the House of Representatives a report on--
(1) the activities carried out under this title and
the effectiveness of such activities in improving the
education provided to limited English proficient
children and youth;
(2) a critical synthesis of data reported by the
States pursuant to section 3124;
(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be
needed for the succeeding 5 fiscal years;
(4) the major findings of research carried out under
this title; and
(5) recommendations for further developing the
capacity of our Nation's schools to educate effectively
limited English proficient students.
PART E--GENERAL PROVISIONS
SEC. 3501. DEFINITIONS; REGULATIONS.
Except as otherwise provided, in this title:
(1) Bilingual education program.--The term
``bilingual education program'' means an educational
program for limited English proficient students that--
(A) makes instructional use of both English
and a student's native language;
(B) enables limited English proficient
students to achieve English proficiency and
academic mastery of subject matter content and
higher order skills, including critical
thinking, so as to meet age-appropriate grade-
promotion and graduation standards;
(C) may also develop the native language
skills of limited English proficient students,
or ancestral languages of American Indians,
Alaska Natives, Native Hawaiians and native
residents of the outlying areas; and
(D) may include the participation of English-
proficient students if such program is designed
to enable all enrolled students to become
proficient in English and a second language.
(2) Children and youth.--The term ``children and
youth'' means individuals aged 3 through 21.
(3) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness or
Indian tribe or tribally sanctioned educational
authority which is representative of a community or
significant segments of a community and which provides
educational or related services to individuals in the
community. Such term includes Native Hawaiian
organizations including Native Hawaiian Educational
Organizations as such term is defined in section 4009
of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments
of 1988 (20 U.S.C. 4901 et seq.), as such Act was in
effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994.
(4) Community college.--The term ``community
college'' means an institution of higher education as
defined in section 101 of the Higher Education Act of
1965 which provides not less than a two-year program
which is acceptable for full credit toward a bachelor's
degree, including institutions receiving assistance
under the Tribally Controlled College or University
Assistance Act of 1978.
(5) Director.--The term ``Director'' means the
Director of the Office of Bilingual Education and
Minority Languages Affairs established under section
209 of the Department of Education Organization Act.
(6) Family education program.--
(A) In general.--The term ``family education
program'' means a bilingual education or
special alternative instructional program
that--
(i) is designed--
(I) to help limited English
proficient adults and out-of-
school youths achieve
proficiency in the English
language; and
(II) to provide instruction
on how parents and family
members can facilitate the
educational achievement of
their children;
(ii) when feasible, uses
instructional programs such as the
models developed under the Even Start
Family Literacy Programs, which promote
adult literacy and train parents to
support the educational growth of their
children, the Parents as Teachers
Program and the Home Instruction
Program for Preschool Youngsters; and
(iii) gives preference to
participation by parents and immediate
family members of children attending
school.
(B) Instruction for higher education and
employment.--Such term may include programs
that provide instruction to facilitate higher
education and employment outcomes.
(7) Immigrant children and youth.--The term
``immigrant children and youth'' means individuals
who--
(A) are aged 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more
schools in any one or more States for more than
3 full academic years.
(8) Limited english proficiency and limited english
proficient.--The terms ``limited English proficiency''
and ``limited English proficient'', when used with
reference to an individual, mean an individual--
(A) who--
(i) was not born in the United States
or whose native language is a language
other than English and comes from an
environment where a language other than
English is dominant; or
(ii) is a Native American or Alaska
Native or who is a native resident of
the outlying areas and comes from an
environment where a language other than
English has had a significant impact on
such individual's level of English
language proficiency; or
(iii) is migratory and whose native
language is other than English and
comes from an environment where a
language other than English is
dominant; and
(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language and whose difficulties may deny such
individual the opportunity to learn
successfully in classrooms where the language
of instruction is English or to participate
fully in our society.
(9) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' shall have the same meaning given such terms
in section 103 of the Native American Languages Act.
(10) Native hawaiian or native american pacific
islander native language educational organization.--The
term ``Native Hawaiian or Native American Pacific
Islander native language educational organization''
means a nonprofit organization with a majority of its
governing board and employees consisting of fluent
speakers of the traditional Native American languages
used in their educational programs and with not less
than 5 years successful experience in providing
educational services in traditional Native American
languages.
(11) Native language.--The term ``native language'',
when used with reference to an individual of limited
English proficiency, means the language normally used
by such individual, or in the case of a child or youth,
the language normally used by the parents of the child
or youth.
(12) Office.--The term ``Office'' means the Office of
Bilingual Education and Minority Languages Affairs.
(13) Other programs for persons of limited english
proficiency.--The term ``other programs for persons of
limited English proficiency'' means any programs
administered by the Secretary that serve persons of
limited English proficiency.
(14) Paraprofessional.--The term ``paraprofessional''
means an individual who is employed in preschool,
elementary school or secondary school under the
supervision of a certified or licensed teacher,
including individuals employed in bilingual education,
special education and migrant education.
(15) Special alternative instructional program.--The
term ``special alternative instructional program''
means an educational program for limited English
proficient students that--
(A) utilizes specially designed English
language curricula and services but does not
use the student's native language for
instructional purposes;
(B) enables limited English proficient
students to achieve English proficiency and
academic mastery of subject matter content and
higher order skills, including critical
thinking so as to meet age-appropriate grade-
promotion and graduation standards; and
(C) is particularly appropriate for schools
where the diversity of the limited English
proficient students' native languages and the
small number of students speaking each
respective language makes bilingual education
impractical and where there is a critical
shortage of bilingual education teachers.
SEC. 3502. REGULATIONS AND NOTIFICATION.
(a) Regulation Rule.--In developing regulations under this
title, the Secretary shall consult with State and local
educational agencies, organizations representing limited
English proficient individuals, and organizations representing
teachers and other personnel involved in bilingual education.
(b) Parental Notification.--
(1) In general.--Parents of children and youth
participating in programs assisted under subpart 1
shall be informed of--
(A) a student's level of English proficiency,
how such level was assessed, the status of a
student's academic achievement and the
implications of a student's educational
strengths and needs for age and grade
appropriate academic attainment, promotion, and
graduation;
(B) what programs are available to meet the
student's educational strengths and needs and
how the programs differ in content and
instructional goals, and in the case of a
student with a disability, how the program
meets the objectives of a student's
individualized education program; and
(C) the instructional goals of the bilingual
education or special alternative instructional
program, and how the program will specifically
help the limited English proficient student
acquire English and meet age-appropriate
standards for grade-promotion and graduation,
including--
(i) the benefits, nature, and past
academic results of the bilingual
educational program and of the
instructional alternatives; and
(ii) the reasons for the selection of
their child as being in need of
bilingual education.
(2) Option to decline.--
(A) In general.--Such parents shall also be
informed that such parents have the option of
declining enrollment of their children and
youth in such programs and shall be given an
opportunity to so decline if such parents so
choose.
(B) Civil rights obligations.--A local
educational agency shall not be relieved of any
of its obligations under title VI of the Civil
Rights Act of 1964 because parents choose not
to enroll their children in bilingual education
programs.
(3) Receipt of information.--Such parents shall
receive, in a manner and form understandable to such
parents, including, if necessary and to the extent
feasible, in the native language of such parents, the
information required by this subsection. At a minimum,
such parents shall receive--
(A) timely information about projects funded
under subpart 1; and
(B) if the parents of participating children
so desire, notice of opportunities for regular
meetings for the purpose of formulating and
responding to recommendations from such
parents.
(4) Special rule.--Students shall not be admitted to
or excluded from any federally assisted education
program merely on the basis of a surname or language-
minority status.
[TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
[SEC. 4001. SHORT TITLE.
[This title may be cited as the ``Safe and Drug-Free
Schools and Communities Act of 1994''.
[SEC. 4002. FINDINGS.
[The Congress finds as follows:
[(1) The seventh National Education Goal provides
that by the year 2000, all schools in America will be
free of drugs and violence and the unauthorized
presence of firearms and alcohol, and offer a
disciplined environment that is conducive to learning.
[(2) The widespread illegal use of alcohol and other
drugs among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to such students' physical
and mental well-being, and significantly impedes the
learning process. For example, data show that students
who drink tend to receive lower grades and are more
likely to miss school because of illness than students
who do not drink.
[(3) Our Nation's schools and communities are
increasingly plagued by violence and crime.
Approximately 3,000,000 thefts and violent crimes occur
in or near our Nation's schools every year, the
equivalent of more than 16,000 incidents per school
day.
[(4) Violence that is linked to prejudice and
intolerance victimizes entire communities leading to
more violence and discrimination.
[(5) The tragic consequences of violence and the
illegal use of alcohol and drugs by students are felt
not only by students and such students' families, but
by such students communities and the Nation, which can
ill afford to lose such students' skills, talents, and
vitality.
[(6) While use of illegal drugs is a serious problem
among a minority of teenagers, alcohol use is far more
widespread. The proportion of high school students
using alcohol, though lower than a decade ago, remains
unacceptably high. By the 8th grade, 70 percent of
youth report having tried alcohol and by the 12th
grade, about 88 percent have used alcohol. Alcohol use
by young people can and does have adverse consequences
for users, their families, communities, schools, and
colleges.
[(7) Alcohol and tobacco are widely used by young
people. Such use can, and does, have adverse
consequences for young people, their families,
communities, schools, and colleges. Drug prevention
programs for youth that address only controlled drugs
send an erroneous message that alcohol and tobacco
donot present significant problems, or that society is
willing to overlook their use. To be credible, messages
opposing illegal drug use by youth should address
alcohol and tobacco as well.
[(8) Every day approximately 3,000 children start
smoking. Thirty percent of all secondary school seniors
are smokers. Half of all new smokers begin smoking
before the age of 14, 90 percent of such smokers begin
before the age of 21, and the average age of the first
use of smokless tobacco is under the age of 10. Use of
tobacco products has been linked to serious health
problems. Drug education and prevention programs that
include tobacco have been effective in reducing teenage
use of tobacco.
[(9) Drug and violence prevention programs are
essential components of a comprehensive strategy to
promote school safety and to reduce the demand for and
use of drugs throughout the Nation. Schools and local
organizations in communities throughout the Nation have
a special responsibility to work together to combat the
growing epidemic of violence and illegal drug use and
should measure the success of their programs against
clearly defined goals and objectives.
[(10) Students must take greater responsibility for
their own well-being, health, and safety if schools and
communities are to achieve the goals of providing a
safe, disciplined, and drug-free learning environment.
[SEC. 4003. PURPOSE.
[The purpose of this title is to support programs to meet
the seventh National Education Goal by preventing violence in
and around schools and by strengthening programs that prevent
the illegal use of alcohol, tobacco, and drugs, involve
parents, and are coordinated with related Federal, State, and
community efforts and resources, through the provision of
Federal assistance to--
[(1) States for grants to local educational agencies
and educational service agencies and consortia of such
agencies to establish, operate, and improve local
programs of school drug and violence prevention, early
intervention, rehabilitation referral, and education in
elementary and secondary schools (including
intermediate and junior high schools);
[(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for
programs of drug and violence prevention, early
intervention, rehabilitation referral, and education;
[(3) States for development, training, technical
assistance, and coordination activities;
[(4) public and private nonprofit organizations to
conduct training, demonstrations, and evaluation, and
to provide supplementary services for the prevention of
drug use and violence among students and youth; and
[(5) institutions of higher education to establish,
operate, expand, and improve programs of school drug
and violence prevention, education, and rehabilitation
referral for students enrolled in colleges and
universities.
[SEC. 4004. FUNDING.
[There are authorized to be appropriated--
[(1) $630,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding
fiscal years, for State grants under subpart 1; and
[(2) $25,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding
fiscal years, for national programs under subpart 2.
[PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
[Subpart 1--State Grants for Drug and Violence Prevention Programs
[SEC. 4011. RESERVATIONS AND ALLOTMENTS.
[(a) Reservations.--From the amount made available under
section 4004(a) to carry out this subpart for each fiscal year,
the Secretary--
[(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, to be allotted in accordance with the
Secretary's determination of their respective needs;
[(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under
this part for Indian youth;
[(3) may reserve not more than $1,000,000 for the
national impact evaluation required by section 4117(a);
and
[(4) shall reserve 0.2 percent of such amount for
programs for Native Hawaiians under section 4118.
[(b) State Allotments.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary shall, for each fiscal year,
allocate among the States--
[(A) one-half of the remainder not reserved
under subsection (a) according to the ratio
between the school-aged population of each
State and the school-aged population of all the
States; and
[(B) one-half of such remainder according to
the ratio between the amount each State
received under part A of title I for the
preceding year (or, for fiscal year 1995 only,
sections 1005 and 1006 of this Act as such
sections were in existence on the day preceding
the date of enactment of the Improving
America's Schools Act of 1994) and the sum of
such amounts received by all the States.
[(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less
than one-half of 1 percent of the total amount allotted
to all the States under this subsection.
[(3) Reallotment.--The Secretary may reallot any
amount of any allotment to a State if the Secretary
determines that the State will be unable to use such
amount within two years ofsuch allotment. Such
reallotments shall be made on the same basis as
allotments are made under paragraph (1).
[(4) Definitions.--For the purpose of this
subsection--
[(A) the term ``State'' means each of the 50
States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
[(B) the term ``local educational agency''
includes educational service agencies and
consortia of such agencies.
[SEC. 4112. STATE APPLICATIONS.
[(a) In General.--In order to receive an allotment under
section 4111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
[(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals
2000: Educate America Act, and other Acts, as
appropriate, in accordance with the provisions of
section 14306;
[(2) contains the results of the State's needs
assessment for drug and violence prevention programs,
which shall be based on the results of on-going State
evaluation activities, including data on the prevalence
of drug use and violence by youth in schools and
communities;
[(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed separately by such officer or agency,
respectively, but in consultation and co-ordination
with appropriate State officials and others, including
the chief State school officer, the chief executive
officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State criminal justice
planning agency, the head of the State child welfare
agency, the head of the State board of education, or
their designees, and representatives of parents,
students, and community-based organizations;
[(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in conducting
a national impact evaluation of programs required by
section 4117(a); and
[(5) includes any other information the Secretary may
require.
[(b) State Educational Agency Funds.--A State's application
under this section shall also contain a comprehensive plan for
the use of funds under section 4113(a) by the State educational
agency that includes--
[(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures such
agency will use for assessing and publicly reporting
progress toward meeting those goals and objectives;
[(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local
educational agencies in accordance with section 4116;
[(3) a description of how the State educational
agency will use funds under section 4113(b);
[(4) a description of how the State educational
agency will coordinate such agency's activities under
this subpart with the chief executive officer's drug
and violence prevention programs under this subpart and
with the prevention efforts of other State agencies;
[(5) an explanation of the criteria the State
educational agency will use to identify which local
educational agencies receive supplemental funds under
section 4113(d)(2)(A)(ii) and how the supplemental
funds will be allocated among such local educational
agencies; and
[(6) a description of the procedures the State
educational agency will use to review applications from
local educational agencies under section 4115.
[(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use of
funds under section 4114(a) by the chief executive officer that
includes--
[(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be
used for assessing and publicly reporting progress
toward meeting such goals and objectives;
[(2) a description of how the chief executive officer
will coordinate such officer's activities under this
part with the State educational agency and other State
agencies and organizations involved with drug and
violence prevention efforts;
[(3) a description of how funds reserved under
section 4114(a) will be used so as not to duplicate the
efforts of the State educational agency and local
educational agencies with regard to the provision of
school-based prevention efforts and services and how
those funds will be used to serve populations not
normally served by the State educational agency, such
as school dropouts and youth in detention centers;
[(4) a description of how the chief executive officer
will award funds under section 4114(a) and a plan for
monitoring the performance of, and providing technical
assistance to, recipients of such funds;
[(5) a description of the special outreach activities
that will be carried out to maximize the participation
of community-based organizations of demonstrated
effectiveness which provide services in low-income
communities; and
[(6) a description of how funds will be used to
support community-wide comprehensive drug and violence
prevention planning.
[(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
[(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal year
1995 a one-year interim application and plan for the use of
funds under this subpart that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review such State's
application and comprehensive plan otherwise required by this
section. A State may not receive a grant under this subpartfor
a fiscal year subsequent to fiscal year 1995 unless the
Secretary has approved such State's application and
comprehensive plan in accordance with this subpart.
[SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
[(a) Use of Funds.--
[(1) In general.--Except as provided in paragraph
(2), an amount equal to 80 percent of the total amount
allocated to a State under section 4111 for each fiscal
year shall be used by the State educational agency and
its local educational agencies for drug and violence
prevention activities in accordance with this section.
[(2) Exception.--(A) If a State has, on or before
January 1, 1994, established an independent State
agency for the purpose of administering all of the
funds described in section 5121 of this Act (as such
section was in effect on the day preceding the date of
the enactment of the Improving America's Schools Act of
1994), then--
[(i) an amount equal to 80 percent of the
total amount allocated to such State under
section 4111 for each fiscal year shall be used
by the State educational agency and its local
educational agencies for drug and violence
prevention activities in accordance with this
section; and
[(ii) an amount equal to 20 percent of such
total amount shall be used by such independent
State agency for drug and violence prevention
activities in accordance with this section.
[(B) Not more than 5 percent of the amount reserved
under subparagraph (A)(ii) may be used for
administrative costs of the independent State agency
incurred in carrying out the activities described in
such subparagraph.
[(C) For purposes of this paragraph, the term
``independent State agency'' means an independent
agency with a board of directors or a cabinet level
agency whose chief executive officer is appointed by
the chief executive officer of the State and confirmed
with the advice and consent of the senate of such
State.
[(b) State Level Programs.--
[(1) In general.--A State educational agency shall
use not more than 5 percent of the amount available
under subsection (a) for activities such as--
[(A) training and technical assistance
concerning drug and violence prevention for
local educational agencies and educational
service agencies, including teachers,
administrators, coaches and athletic directors,
other staff, parents, students, community
leaders, health service providers, local law
enforcement officials, and judicial officials;
[(B) the development, identification,
dissemination, and evaluation of the most
readily available, accurate, and up-to-date
curriculum materials (including videotapes,
soft-ware, and other technology-based learning
resources), for consideration by local
educational agencies;
[(C) making available to local educational
agencies cost effective programs for youth
violence and drug abuse prevention;
[(D) demonstration projects in drug and
violence prevention;
[(E) training, technical assistance, and
demonstration projects to address violence
associated with prejudice and intolerance;
[(F) financial assistance to enhance
resources available for drug and violence
prevention in areas serving large numbers of
economically disadvantaged children or sparsely
populated areas, or to meet other special needs
consistent with the purposes of this subpart;
and
[(G) the evaluation of activities carried out
within the State under this part.
[(2) Special rule.--A State educational agency may
carry out activities under this subsection directly, or
through grants or contracts.
[(c) State Administration.--A State educational agency may
use not more than 4 percent of the amount reserved under
subsection (a) for the administrative costs of carrying out its
responsibilities under this part.
[(d) Local Educational Agency Programs.--
[(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to
local educational agencies in accordance with this
subsection.
[(2) Distribution.--(A) Of the amount distributed
under paragraph (1), a State educational agency shall
distribute--
[(i) 70 percent of such amount to local
educational agencies, based on the relative
enrollments in public and private nonprofit
elementary and secondary schools within the
boundaries of such agencies; and
[(ii) 30 percent of such amount to local
educational agencies that the State educational
agency determines have the greatest need for
additional funds to carry out drug and violence
prevention programs authorized by this subpart.
[(B) Where appropriate and to the extent consistent
with the needs assessment conducted by the State, not
less than 25 percent of the amount distributed under
subparagraph (A)(ii) for a fiscal year shall be
distributed to local educational agencies located in
rural and urban areas.
[(C)(i) A State educational agency shall distributed
funds under subparagraph (A)(ii) to not more than 10
percent of the local educational agencies in the State,
or five such agencies, whichever is greater.
[(ii) In determining which local educational agencies
have the greatest need for additional funds, the State
educational agency shall consider objective data such
as--
[(I) high rates of alcohol or drug use among
youth;
[(II) high rates of victimization of youth by
violence and crime;
[(III) high rates of arrests and convictions
of youth for violent or drug- or alcohol-
related crime;
[(IV) the extent of illegal gang activity;
[(V) high incidence of violence associated
with prejudice and intolerance;
[(VI) high rates of referrals of youths to
drug and alcohol abuse treatment and
rehabilitation programs;
[(VII) high rates of referrals of youths to
juvenile court;
[(VIII) high rates of expulsions and
suspensions of students from schools; and
[(IX) high rates of reported cases of child
abuse and domestic violence.
[(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to such
agency under subsection (d), or if such agency's application
under section 4115 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of the local educational agencies
determined by the State educational agency under subsection
(d)(2)(C)(ii) to have the greatest need for additional funds.
[(f) Return of Funds to State Educational Agency;
Reallocation.--
[(1) Return.--Except as provided in paragraph (2),
upon the expiration of the 1-year period beginning on
the date that a local educational agency or educational
service agency under this title receives its allocation
under this title--
[(A) such agency shall return to the State
educational agency any funds from such
allocation that remain unobligated; and
[(B) the State educational agency shall
reallocate any such amount to local educational
agencies or educational service agencies that
have plans for using such amount for programs
or activities on a timely basis.
[(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
[(A) an amount equal to not more than 25
percent of the allocation it receives under
this title for such fiscal year; or
[(B) upon a demonstration of good cause by
such agency or consortium, a greater amount
approved by the State educational agency.
[SEC. 4114. GOVERNOR'S PROGRAMS.
[(a) Use of Funds.--
[(1) In general.--An amount equal to 20 percent of
the total amount allocated to a State under section
4111(1) for each fiscal year shall be used by the chief
executive officer of such State for drug and violence
prevention programs and activities in accordance with
this section.
[(2) Law enforcement education partnerships.--A chief
executive officer shall use not less than 10 percent of
the 20 percent of the total amount described in
paragraph (1) for each fiscal year for law enforcement
education partnerships in accordance with subsection
(d).
[(3) Administrative costs.--A chief executive officer
may use not more than 5 percent of the 20 percent of
the total amount described in paragraph (1) for the
administrative costs incurred in carrying out the
duties of such officer under this section.
[(b) Programs Authorized.--
[(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) for grants
to or contracts with parent groups, community action
and job training agencies, community-based
organizations, and other public entities and private
nonprofit organizations and consortia thereof. In
making such grants and contracts, a chief executive
officer shall give priority to programs and activities
described in subsection (c) for--
[(A) children and youth who are not normally
served by State or local educational agencies;
or
[(B) populations that need special services
or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
[(2) Peer review.--Grants or contracts awarded under
this subsection shall be subject to a peer review
process.
[(c) Authorized Activities.--Grants and contracts under
subsection (b) shall be used for programs and activities such
as--
[(1) disseminating information about drug and
violence prevention;
[(2) training parents, law enforcement officials,
judicial officials, social service providers, health
service providers and community leaders about drug and
violence prevention, comprehensive health education,
early intervention, pupil services, or rehabilitation
referral;
[(3) developing and implementing comprehensive,
community-based drug and violence prevention programs
that link community resources with schools and
integrate services involving education, vocational and
job skills training and placement, law enforcement,
health, mental health, community service, mentoring,
and other appropriate services;
[(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of
State agencies with efforts of the State educational
agency and its local educational agencies;
[(5) activities to protect students traveling to and
from school;
[(6) before-and-after school recreational,
instructional, cultural, and artistic programs that
encourage drug- and violence-free lifestyles;
[(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
[(8) developing and implementing activities to
prevent and reduce violence associated with prejudice
and intolerance;
[(9) developing and implementing strategies to
prevent illegal gang activity;
[(10) coordinating and conducting community-wide
violence and safety assessments and surveys;
[(11) service-learning projects that encourage drug-
and violence-free lifestyles; and
[(12) evaluating programs and activities assisted
under this section.
[(d) Law Enforcement Education Partnerships.--A chief
executive officer shall use funds under subsection (a)(2) to
award grants to State, county or local law enforcement agencies
(including district attorneys) in consortium with local
educational agencies or community-based agencies for the
purposes of carrying out drug abuse and violence prevention
activities, such as--
[(1) Project Drug Abuse Resistance Education and
other programs which provide classroom instruction by
uniformed law enforcement officials that is designed to
teach students to recognize and resist pressures to
experiment that influence such children to use
controlled substances or alcohol;
[(2) Project Legal Lives and other programs in which
district attorneys provide classroom instruction in the
law and legal system which emphasizes interactive
learning techniques, such as mock trial competitions;
[(3) partnerships between law enforcement and child
guidance professionals; and
[(4) before- and after-school activities.
[SEC. 4115. LOCAL APPLICATIONS.
[(a) Application Required.--
[(1) In general.--In order to be eligible to receive
a distribution under section 4113(d) for any fiscal
year, a local educational agency shall submit, at such
time as the State educational agency requires, an
application to the State educational agency for
approval. Such an application shall be amended, as
necessary, to reflect changes in the local educational
agency's program.
[(2) Development.--(A) A local educational agency
shall develop its application under subsection (a)(1)
in consultation with a local or substate regional
advisory council that includes, to the extent possible,
representatives of local government, business, parents,
students, teachers, pupil services personnel,
appropriate State agencies, private schools, the
medical profession, law enforcement, community-based
organizations, and other groups with interest and
expertise in drug and violence prevention.
[(B) In addition to assisting the local educational
agency to develop an application under this section,
the advisory council established or designated under
subparagraph (A) shall, on an ongoing basis--
[(i) disseminate information about drug and
violence prevention programs, projects, and
activities conducted within the boundaries of
the local educational agency;
[(ii) advise the local educational agency
regarding--
[(I) how best to coordinate such
agency's activities under this subpart
with other related programs, projects,
and activities; and
[(II) the agencies that administer
such programs, projects, and
activities; and
[(iii) review program evaluations and other
relevant material and make recommendations to
the local educational agency on how to improve
such agency's drug and violence prevention
programs.
[(b) Contents of Applications.--An application under this
section shall contain--
[(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend the schools of the applicant
(including private school students who participate in
the applicant's drug and violence prevention program)
that is based on ongoing local assessment or evaluation
activities;
[(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence
prevention, which shall include a description of--
[(A) how the plan will be coordinated with
programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as
appropriate, in accordance with the provisions
of section 14306;
[(B) the local educational agency's
measurable goals for drug and violence
prevention, and a description of how such
agency will assess and publicly report progress
toward attaining these goals;
[(C) how the local educational agency will
use its distribution under this subpart;
[(D) how the local educational agency will
coordinate such agency's programs and projects
with community-wide efforts to achieve such
agency's goals for drug and violence
prevention; and
[(E) how the local educational agency will
coordinate such agency's programs and projects
with other Federal, State, and local programs
for drug-abuse prevention, including health
programs; and
[(3) such other information and assurances as the
State educational agency may reasonably require.
[(c) Review of Application.--
[(1) In general.--In reviewing local applications
under this section, a State educational agency shall
use a peer review process or other methods of assuring
the quality of such applications.
[(2) Considerations.--(A) In determining whether to
approve the application of a local educational agency
under this section, a State educational agency shall
consider the quality of the local educational agency's
comprehensive plan under subsection (b)(2) and the
extent to which such plan is coordinated with programs
under this Act, the Goals 2000: Educate America Act, in
accordance with the provisions of section 14306.
[(B) A State educational agency may disapprove a
local educational agency application under this section
in whole or in part and may withhold, limit, or place
restrictions on the use of funds allotted to such a
local educational agency in amanner the State
educational agency determines will best promote the
purposes of this part, except that a local educational
agency shall be afforded an opportunity to appeal any
such disapproval.
[SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
[(a) Program Requirements.--A local educational agency
shall use funds received under this subpart to adopt and carry
out a comprehensive drug and violence prevention program which
shall--
[(1) be designed, for all students and employees,
to--
[(A) prevent the use, possession, and
distribution of tobacco, alcohol, and illegal
drugs by students and to prevent the illegal
use, possession, and distribution of such
substances by employees;
[(B) prevent violence and promote school
safety; and
[(C) create a disciplined environment
conducive to learning; and
[(2) include activities to promote the involvement of
parents and coordination with community groups and
agencies, including the distribution of information
about the local educational agency's needs, goals, and
programs under this subpart.
[(b) Authorized Activities.--A comprehensive drug and
violence prevention program carried out under this subpart may
include--
[(1) age-appropriate, developmentally based drug
prevention and education programs for all students,
from the pre-school level through grade 12, that
address the legal, social, personal and health
consequences of the use of illegal drugs, promote a
sense of individual responsibility, and provide
information about effective techniques for resisting
peer pressure to use illegal drugs;
[(2) programs of drug prevention, comprehensive
health education, early intervention, pupil services,
mentoring, or rehabilitation referral, which emphasize
students' sense of individual responsibility and which
may include--
[(A) the dissemination of information about
drug prevention;
[(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, health service
providers and community leaders in prevention,
education, early intervention, pupil services
or rehabilitation referral; and
[(C) the implementation of strategies,
including strategies to integrate the delivery
of services from a variety of providers, to
combat illegal alcohol, tobacco and drug use,
such as--
[(i) family counseling;
[(ii) early intervention activities
that prevent family dysfunction,
enhance school performance, and boost
attachment to school and family; and
[(iii) activities, such as community
service and service-learning projects,
that are designed to increase students'
sense of community;
[(3) age-appropriate, developmentally based violence
prevention and education programs for all students,
from the pre-school level through grade 12, that
address the legal, health, personal, and social
consequences of violent and disruptive behavior,
including sexual harassment and abuse, and
victimization associated with prejudice and
intolerance, and that include activities designed to
help students develop a sense of individual
responsibility and respect for the rights of others,
and to resolve conflicts without violence;
[(4) violence prevention programs for school-aged
youth, which emphasize students' sense of individual
responsibility and may include--
[(A) the dissemination of information about
school safety and discipline;
[(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, and community
leaders in designing and implementing
strategies to prevent school violence;
[(C) the implementation of strategies, such
as conflict resolution and peer mediation,
student outreach efforts against violence,
anti-crime youth councils (which work with
school and community-based organizations to
discuss and develop crime prevention
strategies), and the use of mentoring programs
to combat school violence and other forms of
disruptive behavior, such as sexual harassment
and abuse; and
[(D) the development and implementation of
character education programs, as a component of
a comprehensive drug or violence prevention
program, that are tailored by communities,
parents and schools; and
[(E) comprehensive, community-wide strategies
to prevent or reduce illegal gang activities;
[(5) supporting ``safe zones of passage'' for
students between home and school through such measures
as Drug- and Weapon-Free School Zones, enhanced law
enforcement, and neighborhood patrols;
[(6) acquiring and installing metal detectors and
hiring security personnel;
[(7) professional development for teachers and other
staff and curricula that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
[(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic
programs in supervised community settings;
[(9) drug abuse resistance education programs,
designed to teach students to recognize and resist
pressures to use alcohol or other drugs, which may
include activities such as classroom instruction by
uniformed law enforcement officers, resistance
techniques, resistance to peer pressure and gang
pressure, and provision for parental involvement; and
[(10) the evaluation of any of the activities
authorized under this subsection.
[(c) Limitations.--
[(1) In general.--Not more than 20 percent of the
funds made available to a local educational agency
under this subpart may be used to carry out the
activities described in paragraphs (5) and (6) of
subsection (b).
[(2) Special rule.--A local educational agency shall
only be able to use funds received under this subpart
for activities described in paragraphs (5) and (6) of
subsection (b) if funding for such activities is not
received from other Federal agencies.
[(d) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995,
under part B of the Drug-Free Schools and Communities Act of
1986 (as in effect prior to enactment of the Improving
America's Schools Act) for the support of a comprehensive
school health program shall be deemed to have been authorized
by part B of such Act.
[SEC. 4117. EVALUATION AND REPORTING.
[(a) National Impact Evaluation.--
[(1) Biennial evaluation.--The Secretary, in
consultation with the Secretary of Health and Human
Services, the Director of the Office of National Drug
Control Policy, and the Attorney General, shall conduct
an independent biennial evaluation of the national
impact of programs assisted under this subpart and of
other recent and new initiatives to combat violence in
schools and submit a report of the findings of such
evaluation to the President and the Congress.
[(2) Data collection.--(A) The National Center for
Education Statistics shall collect data to determine
the frequency, seriousness, and incidence of violence
in elementary and secondary schools in the States. The
Secretary shall collect the data using, wherever
appropriate, data submitted by the States pursuant to
subsection (b)(2)(B).
[(B) Not later than January 1, 1998, the
Secretary shall submit to the Congress a report
on the data collected under this subsection,
together with such recommendations as the
Secretary determines appropriate, including
estimated costs for implementing any
recommendation.
[(b) State Report.--
[(1) In General.--By October 1, 1997, and every third
year thereafter, the chief executives officer of the
State, in cooperation with the State educational
agency, shall submit to the Secretary a report--
[(A) on the implementation and outcomes of
State programs under section 4114 and section
4113(b) and local educational agency programs
under section 4113(d), as well as an assessment
of their effectiveness; and
[(B) on the State's progress toward attaining
its goals for drug and violence prevention
under subsections (b)(1) and (c)(1) of section
4112.
[(2) Special rule.--The report required by this
subsection shall be--
[(A) in the form specified by the Secretary;
[(B) based on the State's ongoing evaluation
activities, and shall include data on the
prevalence of drug use and violence by youth in
schools and communities; and
[(C) made readily available to the public.
[(c) Local Educational Agency Report.--Each local
educational agency receiving funds under this subpart shall
submit to the State educational agency such information, and at
such intervals, that the State requires to complete the State
report required by subsection (b), including information on the
prevalence of drug use and violence by youth in the schools and
the community. Such information shall be made readily available
to the public.
[SEC. 4118 PROGRAMS FOR NATIVE HAWAIIANS.
[(a) General Authority.--From the funds made available
pursuant to section 4111(a)(4) to carry out this section, the
Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are authorized
by and consistent with the provisions of this title for the
benefit of Native Hawaiians.
[(b) Definition of Native Hawaiian.--For the purposes of
this section, the term ``Native Hawaiian'' means any individual
any of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
[Subpart 2--National Programs
[SEC. 4121 FEDERAL ACTIVITIES.
[(a) Program Authorized.--From funds made available to
carry out this subpart under section 4004(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, the
Chair of the Ounce of Prevention Council, and the Attorney
General, shall carry out programs to prevent the illegal use of
drugs and violence among, and promote safety and discipline
for, students at all educational levels from preschool through
the postsecondary level. The Secretary shall carry out such
programs directly, or through grants, contracts, or cooperative
agreements with public and private nonprofit organizations and
individuals, or through agreements with other Federal agencies,
and shall coordinate such programs with other appropriate
Federal activities. Such programs may include--
[(1) the development and demonstration of innovative
strategies for training school personnel, parents, and
members of the community, including the demonstration
of model preservice training programs for prospective
school personnel;
[(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence prevention;
[(3) the provision of information on drug abuse
education and prevention to the Secretary of Health and
Human Services for dissemination by the clearinghouse
for alcohol and drug abuse information established
under section 501(d)(16) of the Public Health Service
Act;
[(4) the development of curricula related to child
abuse prevention and education and the training of
personnel to teachchild abuse education and prevention
to elementary and secondary schoolchildren;
[(5) program evaluations in accordance with section
14701 that address issues not addressed under section
4117(a);
[(6) direct services to schools and school systems
afflicted with especially severe drug and violence
problems;
[(7) activities in communities designated as
empowerment zones or enterprise communities that will
connect schools to community-wide efforts to reduce
drug and violence problems;
[(8) developing and disseminating drug and violence
prevention materials, including video-based projects
and model curricula;
[(9) developing and implementing a comprehensive
violence prevention strategy for schools and
communities, that may include conflict resolution, peer
mediation, the teaching of law and legal concepts, and
other activities designed to stop violence;
[(10) the implementation of innovative activities,
such as community service projects, designed to rebuild
safe and healthy neighborhoods and increase students'
sense of individual responsibility;
[(11) grants to noncommercial telecommunications
entities for the production and distribution of
national video-based projects that provide young people
with models for conflict resolution and responsible
decisionmaking;
[(12) the development of education and training
programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
motivated by hate in localities most directly affected
by hate crimes; and
[(13) other activities that meet unmet national needs
related to the purposes of this title.
[(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this section.
[SEC. 4123. HATE CRIME PREVENTION.
[(a) Grant Authorization.--From funds made available to
carry out this subpart under section 4004(1) the Secretary may
make grants to local educational agencies and communuity-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
[(b) Use of Funds.--
[(1) Program development.--Grants under this section
may be used to improve elementary and secondary
educational efforts, including--
[(A) development of education and training
programs designed to prevent and to reduce the
incidence of crimes and conflicts motivated by
hate;
[(B) development of curricula for the purpose
of improving conflict or dispute resolution
skills of students, teachers, and
administrators;
[(C) development and acquisition of equipment
and instructional materials to meet the needs
of, or otherwise be part of, hate crime or
conflict programs; and
[(D) professional training and development
for teachers and administrators on the causes,
effects, and resolutions of hate crimes or
hate-based conflicts.
[(2) In general.--In order to be eligible to receive
a grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall
submit an application to the Secretary in such form and
containing such information as the office may
reasonably require.
[(3) Requirements.--Each application under paragraph
(2) shall include--
[(A) a request for funds for the purposes
described in this section;
[(B) a description of the schools and
communities to be served by the grants; and
[(C) assurances that Federal funds received
under this section shall be used to supplement,
not supplant, non-Federal funds.
[(4) Comprehensive plan.--Each application shall
include a comprehensive plan that contains--
[(A) a description of the hate crime or
conflict problems within the schools or the
community targeted for assistance;
[(B) a description of the program to be
developed or augmented by such Federal and
matching funds;
[(C) assurances that such program or activity
shall be administered by or under the
supervision of the applicant;
[(D) proper and efficient administration of
such program; and
[(E) fiscal control and fund accounting
procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this
section.
[(c) Award of Grants.--
[(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts
motivated by bias in the targeted schools and
communities in awarding grants under this section.
[(2) Geographic distribution.--The Secretary shall
attempt to the extent practicable, to achieve an
equitable geographic distribution of grant awards.
[(3) Dissemination of information.--The Secretary
shall attempt, to the extent practicable, to make
available information regarding successful hate crime
prevention programs, including programs established or
expanded with grants under this section.
[(d) Reports.--the Secretary shall submit to the Congress a
report every two years which shall contain a detailed statement
regarding grants and awards, activities of grant recipients,
and an evaluation of programs established under this section.
[Subpart 3--General Provisions
[SEC. 4131. DEFINITIONS.
[For the purpose of this part:
[(1) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization which is representative of a
community or significant segments of a community and
which provides educational or related services to
individuals in the community.
[(2) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
[(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or
education related to the illegal use of alcohol
and the use of controlled, illegal, addictive,
or harmful substances, including inhalants and
anabolic steroids;
[(B) prevention, early intervention, smoking
cessation activities, or education, related to
the use of tobacco by children and youth
eligible for services under this title; and
[(C) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, including sexual harassment and abuse,
and victimization associated with prejudice and
intolerance, on school premises, going to and
from school, and at school-sponsored
activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
[(3) Hate crime.--The term ``hate crime'' means a
crime as described in section 1(b) of the Hate Crime
Statistics Act of 1990.
[(4) Nonprofit.--The term ``nonprofit'', as applied
to a school, agency, organization, or institution means
a school, agency, organization, or institution owned
and operated by one or more nonprofit corporations or
associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
[(5) School-aged population.--The term ``school-aged
population'' means the population aged five through 17,
as determined by the Secretary on the basis of the most
recent satisfactory data available from the Department
of Commerce.
[(6) School personnel.--The term ``school personnel''
includes teachers, administrators, guidance counselors,
social workers, psychologists, nurses, librarians, and
other support staff who are employed by a school or who
perform services for the school on a contractual basis.
[SEC. 4132. MATERIALS.
[(a) ``Wrong and Harmful'' Message.--Drug prevention
programs supported under this part shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is wrong and harmful.
[(b) Curriculum.--The Secretary shall not prescribe the use
of specific curricula for programs supported under this part,
but may evaluate the effectiveness of such curricula and other
strategies in drug and violence prevention.
[SEC. 4133. PROHIBITED USES OF FUNDS.
[No funds under this part may be used for--
[(1) construction (except for minor remodeling needed
to accomplish the purposes of this part); and
[(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of or
witnesses to crime or who use alcohol, tobacco, or
drugs.
[SEC. 4134. QUALITY RATING.
[(a) In General.--The chief executive officer of each
State, or in the case of a State in which the constitution or
law of such State designates another individual, entity, or
agency in the State to be responsible for education activities,
such individual, entity, or agency, is authorized and
encouraged--
[(1) to establish a standard of quality for drug,
alcohol, and tobacco prevention programs implemented in
public elementary schools and secondary schools in the
State in accordance with subsection (b); and
[(2) to identify and designate, upon application by a
public elementary school or secondary school, any such
school that achieves such standard as a quality program
school.
[(b) Criteria.--The standard referred to in subsection (a)
shall address, at a minimum--
[(1) a comparison of the rate of illegal use of
drugs, alcohol, and tobacco by students enrolled in the
school for a period of time to be determined by the
chief executive officer of the State;
[(2) the rate of suspensions or expulsions of
students enrolled in the school for drug, alcohol, or
tobacco-related offenses;
[(3) the effectiveness of the drug, alcohol, or
tobacco prevention program as proven by research;
[(4) the involvement of parents and community members
in the design of the drug, alcohol, and tobacco
prevention program; and
[(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before
implementation of the public school program.
[(c) Request for Quality Program School Designation.--A
school that wishes to receive a quality program school
designation shall submit a request and documentation of
compliance with this section to the chief executive officer of
the State or the individual, entity, or agency described in
subsection (a), as the case may be.
[(d) Public Notification.--Not less than once a year, the
chief executive officer of each State or the individual,
entity, or agency described in subsection (a), as the case may
be, shall make available to the public a list of the names of
each public school in the State that has received a quality
program school designation in accordance with this section.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
PART A--STATE GRANTS
SEC. 4001. SHORT TITLE.
This part may be cited as the ``Safe and Drug-Free Schools
and Communities Act of 1994''.
SEC. 4002. FINDINGS.
Congress makes the following findings:
(1) Every student should attend a school in a drug-
and violence-free learning environment.
(2) The widespread illegal use of alcohol and drugs
among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to such students' physical
and mental well-being, and significantly impedes the
learning process. For example, data show that students
who drink tend to receive lower grades and are more
likely to miss school because of illness than students
who do not drink.
(3) Drug and violence prevention programs are
essential components of a comprehensive strategy to
promote school safety, youth development, positive
school outcomes, and to reduce the demand for and
illegal use of alcohol, tobacco and drugs throughout
the Nation. Schools, local organizations, parents,
students, and communities throughout the Nation have a
special responsibility to work together to combat the
continuing epidemic of violence and illegal drug use
and should measure the success of their programs
against clearly defined goals and objectives.
(4) Drug and violence prevention programs are most
effective when implemented within a scientifically
based research, drug and violence prevention framework
of proven effectiveness.
(5) Research clearly shows that community contexts
contribute to substance abuse and violence.
(6) Substance abuse and violence are intricately
related and must be dealt with in a holistic manner.
(7) Research has documented that parental behavior
and environment directly influence a child's
inclination to use alcohol, tobacco or drugs.
SEC. 4003. PURPOSE.
The purpose of this part is to support programs that prevent
violence in and around schools and prevent the illegal use of
alcohol, tobacco, and drugs, involve parents, and are
coordinated with related Federal, State, school,and community
efforts and resources, through the provision of Federal
assistance to--
(1) States for grants to local educational agencies
and educational service agencies and consortia of such
agencies to establish, operate, and improve local
programs of school drug and violence prevention, early
intervention, rehabilitation referral, and education in
elementary and secondary schools for the development
and implementation of policies that set clear and
appropriate standards regarding the illegal use of
alcohol, tobacco and drugs, and for violent behavior
(including intermediate and junior high schools);
(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for
programs of drug and violence prevention including
community mobilization, early intervention,
rehabilitation referral, and education;
(3) States for development, training, technical
assistance, and coordination activities; and
(4) public and private nonprofit organizations to
provide technical assistance, conduct training,
demonstrations, and evaluation, and to provide
supplementary services and community mobilization
activities for the prevention of drug use and violence
among students and youth.
SEC. 4004. FUNDING.
There are authorized to be appropriated--
(1) $700,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the 6 succeeding fiscal
years, for State grants under subpart 1;
(2) $150,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the 6 succeeding fiscal
years, for national programs under subpart 2;
(3) $75,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the 6 succeeding fiscal
years, for the National Coordinator Initiative under
section 4122; and
(4) $5,000,000 for each of fiscal years 2002 through
2004 to carry out section 4125.
Subpart 1--State Grants for Drug and Violence Prevention Programs
SEC. 4111. RESERVATIONS AND ALLOTMENTS.
(a) Reservations.--From the amount made available under
section 4004(1) to carry out this subpart for each fiscal year,
the Secretary--
(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, to be allotted in accordance with the
Secretary's determination of their respective needs;
(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under
this part for Indian youth;
(3) may reserve not more than $2,000,000 for the
national impact evaluation required by section 4117(a);
and
(4) shall reserve 0.2 percent of such amount for
programs for Native Hawaiians under section 4118.
(b) State Allotments.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall, for each fiscal year, allocate
among the States--
(A) one-half of the remainder not reserved
under subsection (a) according to the ratio
between the school-aged population of each
State and the school-aged population of all the
States; and
(B) one-half of such remainder according to
the ratio between the amount each State
received under section 1124A for the preceding
year and the sum of such amounts received by
all the States.
(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less
than one-half of 1 percent of the total amount allotted
to all the States under this subsection.
(3) Reallotment.--The Secretary may reallot any
amount of any allotment to a State if the Secretary
determines that the State will be unable to use such
amount within 2 years of such allotment. Such
reallotments shall be made on the same basis as
allotments are made under paragraph (1).
(4) Definitions.--In this subsection:
(A) State.--The term `State' means each of
the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(B) Local educational agency.--The term
`local educational agency' includes educational
service agencies and consortia of such
agencies.
(c) Limitation.--Amounts appropriated under section 4004(2)
for a fiscal year may not be increased above the amounts
appropriated under such section for the previous fiscal year
unless the amounts appropriated under section 4004(1) for the
fiscal year involved are at least 10 percent greater that the
amounts appropriated under such section 4004(1) for the
previous fiscal year.
SEC. 4112. STATE APPLICATIONS.
(a) In General.--In order to receive an allotment under
section 4111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
(1) contains a comprehensive plan for the use of
funds by the State educational agency and the chief
executive officer to provide safe, orderly, and drug-
free schools and communities;
(2) contains the results of the State's needs
assessment for drug and violence prevention programs,
which shall be based on the results of on-going State
evaluation activities, including data on the incidence
and prevalence, age of onset, perception of health
risk, and perception of social disapproval of drug use
and violence by youth in schools and communities and
the prevalence of risk or protective factors, buffers
or assets or other scientifically based research
variables in the school and community;
(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed together, with each such officer or State
representative, in consultation and coordination with
appropriate State officials and others, including the
chief State school officer, the chief executive
officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State criminal justice
planning agency, the head of the State child welfare
agency, the head of the State board of education, or
their designees, and representatives of parents,
students, and community-based organizations;
(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in conducting
a national impact evaluation of programs required by
section 4117(a);
(5) contains assurances that the State education
agency and the Governor will develop their respective
applications in consultation with an advisory council
that includes, to the extent practicable,
representatives from school districts, businesses,
parents, youth, teachers, administrators, pupil
services personnel, private schools, appropriate State
agencies, community-based organizations, the medical
profession, law enforcement, the faith-based community
and other groups with interest and expertise in
alcohol, tobacco, drug, and violence prevention;
(6) contains assurances that the State education
agency and the Governor involve the representatives
described in paragraph (5), on an ongoing basis, to
review program evaluations and other relevant material
and make recommendations to the State education agency
and the Governor on how to improve their respective
alcohol, tobacco, drug, and violence prevention
programs;
(7) contains a list of the State's results-based
performance measures for drug and violence prevention,
that shall--
(A) be focused on student behavior and
attitudes and be derived from the needs
assessment;
(B) include targets and due dates for the
attainment of such performance measures; and
(C) include a description of the procedures
that the State will use to inform local
educational agencies of such performance
measures for assessing and publicly reporting
progress toward meeting such measures or
revising them as needed; and
(8) includes any other information the Secretary may
require.
(b) State Educational Agency Funds.--A State's application
under this section shall also contain a comprehensive plan for
the use of funds under section 4113(a) by the State educational
agency that includes--
(1) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local
educational agencies in accordance with section 4116;
(2) a description of how the State educational agency
will use funds under section 4113(b), including how the
agency will receive input from parents regarding the
use of such funds;
(3) a description of how the State educational agency
will coordinate such agency's activities under this
subpart with the chief executive officer's drug and
violence prevention programs under this subpart and
with the prevention efforts of other State agencies;
and
(4) a description of the procedures the State
educational agency will use to review applications from
and allocate funding to local educational agencies
under section 4115 and how such review will receive
input from parents.
(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use of
funds under section 4114(a) by the chief executive officer that
includes, with respect to each activity to be carried out by
the State--
(1) a description of how the chief executive officer
will coordinate such officer's activities under this
part with the State educational agency and other State
agencies and organizations involved with drug and
violence prevention efforts;
(2) a description of how funds reserved under section
4114(a) will be used so as not to duplicate the efforts
of the State educational agency and local educational
agencies with regard to the provision of school-based
prevention efforts and services and how those funds
will be used to serve populations not normally served
by the State educational agency, such as school
dropouts and youth in detention centers;
(3) a description of how the chief executive officer
will award funds under section 4114(a) and a plan for
monitoring the performance of, and providing technical
assistance to, recipients of such funds;
(4) a description of the special outreach activities
that will be carried out to maximize the participation
of community-based nonprofit organizations of
demonstrated effectiveness which provide services in
low-income communities;
(5) a description of how funds will be used to
support community-wide comprehensive drug and violence
prevention planning and community mobilization
activities; and
(6) a specific description of how input from parents
will be sought regarding the use of funds under section
4114(a).
(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal year
2002 a 1-year interim application and plan for the use of funds
under this subpart that are consistent with the requirements of
this section and contain such information as the Secretary may
specify in regulations. The purpose of such interim application
and plan shall be to afford the State the opportunity to fully
develop and review such State's application and comprehensive
plan otherwise required by this section. A State may not
receive a grant under this subpart for a fiscal year subsequent
to fiscal year 2002 unless the Secretary has approved such
State's application and comprehensive plan in accordance with
this subpart.
SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
(a) Use of Funds.--An amount equal to 80 percent of the
total amount allocated to a State under section 4111 for each
fiscal year shall be used by the State educational agency and
its local educational agencies for drug and violence prevention
activities in accordance with this section.
(b) State Level Programs.--
(1) In general.--A State educational agency shall use
not more than 5 percent of the amount available under
subsection (a) for activities such as--
(A) voluntary training and technical
assistance concerning drug and violence
prevention for local educational agencies and
educational service agencies, including
teachers, administrators, coaches and athletic
directors, other staff, parents, students,
community leaders, health service providers,
local law enforcement officials, and judicial
officials;
(B) the development, identification,
dissemination, and evaluation of the most
readily available, accurate, and up-to-date
drug and violence prevention curriculum
materials (including videotapes, software, and
other technology-based learning resources), for
consideration by local educational agencies;
(C) making available to local educational
agencies cost effective scientifically based
research programs for youth violence and drug
abuse prevention;
(D) demonstration projects in drug and
violence prevention, including service-learning
projects;
(E) training, technical assistance, and
demonstration projects to address violence
associated with prejudice and intolerance;
(F) training, technical assistance and
demonstration projects to address the impact
offamily violence on school violence and
substance abuse;
(G) financial assistance to enhance resources
available for drug and violence prevention in
areas serving large numbers of economically
disadvantaged children or sparsely populated
areas, or to meet other special needs
consistent with the purposes of this subpart;
and
(H) the evaluation of activities carried out
within the State under this part.
(2) Special rule.--A State educational agency may
carry out activities under this subsection directly, or
through grants or contracts.
(c) State Administration.--
(1) In general.--A State educational agency may use
not more than 5 percent of the amount reserved under
subsection (a) for the administrative costs of carrying
out its responsibilities under this part.
(2) Uniform management information and reporting
system.--In carrying out its responsibilities under
this part, a State shall implement a uniform management
information and reporting system that includes
information on the types of curricula, programs and
services provided by the State, Governor, local
education agencies, and other recipients of funds under
this title.
(d) Local Educational Agency Programs.--
(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to
local educational agencies in accordance with this
subsection.
(2) Distribution.--A State educational agency shall
distribute amounts under paragraph (1) in accordance
with any one of the following subparagraphs:
(A) Enrollment and combination approach.--Of
the amount distributed under paragraph (1), a
State educational agency shall distribute--
(i) at least 70 percent of such
amount to local educational agencies,
based on the relative enrollments in
public and private nonprofit elementary
and secondary schools within the
boundaries of such agencies; and
(ii) not to exceed 30 percent of any
amounts remaining after amounts are
distributed under clause (i)--
(I) to each local educational
agency in an amount determined
appropriate by the State
educational agency; or
(II) to local educational
agencies that the State
education agency determines
have the greatest need for
additional funds to carry out
drug and violence prevention
programs authorized by this
subpart.
(B) Competitive and need approach.--Of the
amount distributed under paragraph (1), a State
educational agency shall distribute--
(i) not to exceed 70 percent of such
amount to local educational agencies
that the State agency determines,
through a competitive process, have the
greatest need for funds to carry out
drug and violence prevention programs
based on criteria established by the
State agency and authorized under this
subpart; and
(ii) at least 30 percent of any
amounts remaining after amounts are
distributed under clause (i) to local
educational agencies that the State
agency determines have a need for
additional funds to carry out the
program authorized under this subpart.
(3) Consideration of objective data.--For purposes of
paragraph (2), in determining which local educational
agencies have the greatest need for funds, the State
educational agency shall consider objective data which
may include--
(A) high or increasing rates of alcohol or
drug use among youth;
(B) high or increasing rates of victimization
of youth by violence and crime;
(C) high or increasing rates of arrests and
convictions of youth for violent or drug- or
alcohol-related crime;
(D) the extent of illegal gang activity;
(E) high or increasing incidence of violence
associated with prejudice and intolerance;
(F) high or increasing rates of referrals of
youths to drug and alcohol abuse treatment and
rehabilitation programs;
(G) high or increasing rates of referrals of
youths to juvenile court;
(H) high or increasing rates of expulsions
and suspensions of students from schools;
(I) high or increasing rates of reported
cases of child abuse and domestic violence; and
(J) high or increasing rates of drug related
emergencies or deaths.
(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to such
agency under subsection (d), or if such agency's application
under section 4115 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of its other local educational agencies.
(f) Return of Funds to State Educational Agency;
Reallocation.--
(1) Return.--Except as provided in paragraph (2),
upon the expiration of the 1-year period beginning on
the date that a local educational agency or educational
service agency under this title receives its allocation
under this title--
(A) such agency shall return to the State
educational agency any funds from such
allocation that remain unobligated; and
(B) the State educational agency shall
reallocate any such amount to local educational
agencies or educational service agencies that
have plans for using such amount for programs
or activities on a timely basis.
(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
(A) an amount equal to not more than 25
percent of the allocation it receives under
this title for such fiscal year; or
(B) upon a demonstration of good cause by
such agency or consortium, a greater amount
approved by the State educational agency.
SEC. 4114. GOVERNOR'S PROGRAMS.
(a) Use of Funds.--
(1) In general.--An amount equal to 20 percent of the
total amount allocated to a State under section
4111(b)(1) for each fiscal year shall be used by the
chief executive officer of such State for drug and
violence prevention programs and activities in
accordance with this section.
(2) Administrative costs.--A chief executive officer
may use not more than 5 percent of the 20 percent
described in paragraph (1) for the administrative costs
incurred in carrying out the duties of such officer
under this section. The chief executive officer of a
State may use amounts under this paragraph to award
grants to State, county, or local law enforcement
agencies, including district attorneys, in consultation
with local education agencies or community-based
agencies, for the purposes of carrying out drug abuse
and violence prevention activities.
(b) State Plan.--Amounts shall be used under this section
in accordance with a State plan submitted by the chief
executive office of the State. Such State plan shall contain--
(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend schools in the State
(including private school students who participate in
the States's drug and violence prevention programs)
that is based on ongoing local assessment or evaluation
activities;
(2) an analysis, based on data reasonably available
at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of
child abuse and domestic violence, or protective
factors, buffers or assets or other scientifically
based research variables in schools and communities in
the State;
(3) a description of the scientifically based
research strategies and programs, which shall be used
to prevent or reduce drug use, violence, or disruptive
behavior, which shall include--
(A) a specification of the objectively
measurable goals, objectives, and activities
for the program;
(B) a specification for how risk factors, if
any, which have been identified will be
targeted through scientifically based research
programs; and
(C) a specification for how protective
factors, buffers, or assets, if any, will be
targeted through scientifically based research
programs;
(4) a specification for the method or methods by
which measurements of program goals will be achieved;
and
(5) a specification for how the evaluation of the
effectiveness of the prevention program will be
assessed and how the results will be used to refine,
improve, and strengthen the program.
(c) Programs Authorized.--
(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) directly
for grants to or contracts with parent groups, schools,
community action and job training agencies, community-
based organizations, community anti-drug coalitions,
law enforcement education partnerships, and other
public entities and private nonprofit organizations and
consortia thereof. In making such grants and contracts,
a chief executive officer shall give priority to
programs and activities described in subsection (d)
for--
(A) children and youth who are not normally
served by State or local educational agencies;
or
(B) populations that need special services or
additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
(2) Peer review.--Grants or contracts awarded under
this subsection shall be subject to a peer review
process.
(d) Authorized Activities.--Grants and contracts under
subsection (c) shall be used to carry out the comprehensive
State plan as required under section 4112(a)(1) through
programs and activities such as--
(1) disseminating information about drug and violence
prevention;
(2) the voluntary training of parents, law
enforcement officials, judicial officials, social
service providers, health service providers and
community leaders about drug and violence prevention,
health education (as it relates to drug and violence
prevention), domestic violence and child abuse
education (as it relates to drug and violence
prevention), early intervention, pupil services, or
rehabilitation referral;
(3) developing and implementing comprehensive,
community-based drug and violence prevention programs
that link community resources with schools and
integrate services involving education, vocational and
job skills training and placement, law enforcement,
health, mental health, family violence prevention,
community service, service-learning, mentoring, and
other appropriate services;
(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of
State agencies with efforts of the State educational
agency and its local educational agencies;
(5) activities to protect students traveling to and
from school;
(6) before-and-after school recreational,
instructional, cultural, and artistic programs that
encourage drug- and violence-free lifestyles;
(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
(8) developing and implementing activities to prevent
and reduce violence associated with prejudice and
intolerance;
(9) developing and implementing activities to prevent
and reduce dating violence;
(10) developing and implementing strategies to
prevent illegal gang activity;
(11) coordinating and conducting school and
community-wide violence and safety and drug abuse
assessments and surveys;
(12) service-learning projects that encourage drug-
and violence-free lifestyles;
(13) evaluating programs and activities assisted
under this section;
(14) developing and implementing community
mobilization activities to undertake environmental
change strategies related to substance abuse and
violence; and
(15) partnerships between local law enforcement
agencies, including district attorneys, and local
education agencies or community-based agencies.
SEC. 4115. LOCAL APPLICATIONS.
(a) Application Required.--
(1) In general.--In order to be eligible to receive a
distribution under section 4113(d) for any fiscal year,
a local educational agency shall submit, at such time
as the State educational agency requires, an
application to the State educational agency for
approval. Such an application shall be amended, as
necessary, to reflect changes in the local educational
agency's program.
(2) Development.--
(A) Consultation.--A local educational agency
shall develop its application under subsection
(a)(1) in consultation with a local or substate
regional advisory council that includes, to the
extent possible, representatives of local
government, business, parents, students,
teachers, pupil services personnel, appropriate
State agencies, private schools, the medical
profession, law enforcement, community-based
organizations, and other groups with interest
and expertise in drug and violence prevention.
(B) Duties of advisory council.--In addition
to assisting the local educational agency to
develop an application under this section, the
advisory council established or designated
under subparagraph (A) shall, on an ongoing
basis--
(i) disseminate information about
scientifically based research drug and
violence prevention programs, projects,
and activities conducted within the
boundaries of the local educational
agency;
(ii) advise the local educational
agency regarding how best to coordinate
such agency's activities under this
subpart with other related programs,
projects, and activities;
(iii) ensure that a mechanism is in
place to enable local educational
agencies to have access to up-to-date
information concerning the agencies
that administer related programs,
projects, and activities and any
changes in the law that alter the
duties of the local educational
agencies withrespect to activities
conducted under this subpart; and
(iv) review program evaluations and
other relevant material and make
recommendations on an active and
ongoing basis to the local educational
agency on how to improve such agency's
drug and violence prevention programs.
(b) Contents of Applications.--An application under this
section shall contain--
(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend the schools of the applicant
(including private school students who participate in
the applicant's drug and violence prevention program)
that is based on ongoing local assessment or evaluation
activities;
(2) an analysis, based on data reasonably available
at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of
child abuse and domestic violence, or protective
factors, buffers or assets or other scientifically
based research variables in the school and community;
(3) a description of the scientifically based
research strategies and programs, which shall be used
to prevent or reduce drug use, violence, or disruptive
behavior, which shall include--
(A) a specification of the objectively
measurable goals, objectives, and activities
for the program, which shall include--
(i) reductions in the use of alcohol,
tobacco, and illicit drugs and violence
by youth;
(ii) specific reductions in the
prevalence of identified risk factors;
(iii) specific increases in the
prevalence of protective factors,
buffers, or assets if any have been
identified; or
(iv) other scientifically based
research goals, objectives, and
activities that are identified as part
of the application that are not
otherwise covered under clauses (i)
through (iii);
(B) a specification for how risk factors, if
any, which have been identified will be
targeted through scientifically based research
programs; and
(C) a specification for how protective
factors, buffers, or assets, if any, will be
targeted through scientifically based research
programs;
(4) a specification for the method or methods by
which measurements of program goals will be achieved;
(5) a specification for how the evaluation of the
effectiveness of the prevention program will be
assessed and how the results will be used to refine,
improve, and strengthen the program;
(6) an assurance that the applicant has, or the
schools to be served have, a plan for keeping schools
safe and drug-free that includes--
(A) appropriate and effective discipline
policies that prohibit disorderly conduct, the
possession of firearms and other weapons, and
the illegal use, possession, distribution, and
sale of tobacco, alcohol, and other drugs by
students;
(B) security procedures at school and while
students are on the way to and from school;
(C) prevention activities that are designed
to create and maintain safe, disciplined, and
drug-free environments; and
(D) a crisis management plan for responding
to violent or traumatic incidents on school
grounds; and
(7) such other information and assurances as the
State educational agency may reasonably require.
(c) Review of Application.--
(1) In general.--In reviewing local applications
under this section, a State educational agency shall
use a peer review process or other methods of assuring
the quality of such applications.
(2) Considerations.--
(A) In general.--In determining whether to
approve the application of a local educational
agency under this section, a State educational
agency shall consider the quality of the local
educational agency's comprehensive plan under
subsection (b)(6) and the extent to which the
proposed plan provides a thorough assessment of
the substance abuse and violence problem, uses
objective data and the knowledge of a wide
range of community members, developsmeasurable
goals and objectives, and implements
scientifically based research programs that
have been shown to be effective and meet
identified needs.
(B) Disapproval.--A State educational agency
may disapprove a local educational agency
application under this section in whole or in
part and may withhold, limit, or place
restrictions on the use of funds allotted to
such a local educational agency in a manner the
State educational agency determines will best
promote the purposes of this part, except that
a local educational agency shall be afforded an
opportunity to appeal any such disapproval.
SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
(a) Program Requirements.--A local educational agency shall
use funds received under this subpart to adopt and carry out a
comprehensive drug and violence prevention program which
shall--
(1) be designed, for all students and school
employees, to--
(A) prevent the use, possession, and
distribution of tobacco, alcohol, and illegal
drugs by students and to prevent the illegal
use, possession, and distribution of such
substances by school employees;
(B) prevent violence and promote school
safety; and
(C) create a disciplined environment
conducive to learning;
(2) include activities to promote the involvement of
parents and coordination with community groups and
agencies, including the distribution of information
about the local educational agency's needs, goals, and
programs under this subpart;
(3) implement activities which shall include--
(A) a thorough assessment of the substance
abuse violence problem, using objective data
and the knowledge of a wide range of community
members;
(B) the development of measurable goals and
objectives;
(C) the implementation of scientifically
based research programs that have been shown to
be effective and meet identified goals; and
(D) an evaluation of program activities; and
(4) implement prevention programming activities
within the context of a scientifically based research
prevention framework.
(b) Use of Funds.--A comprehensive, age-appropriate,
developmentally-, and scientifically based research drug and
violence prevention program carried out under this subpart may
include--
(1) drug or violence prevention and education
programs for all students, from the preschool level
through grade 12, that address the legal, social,
personal and health consequences of the use of illegal
drugs or violence, promote a sense of individual
responsibility, and provide information about effective
techniques for resisting peer pressure to use illegal
drugs;
(2) programs of drug or violence prevention, health
education (as it relates to drug and violence
prevention), domestic violence and child abuse
education (as it relates to drug and violence
prevention), early intervention, pupil services,
mentoring, or rehabilitation referral, which emphasize
students' sense of individual responsibility and which
may include--
(A) the dissemination of information about
drug or violence prevention;
(B) the professional development or voluntary
training of school personnel, parents,
students, law enforcement officials, judicial
officials, health service providers and
community leaders in prevention, education,
early intervention, pupil services or
rehabilitation referral; and
(C) the implementation of strategies,
including strategies to integrate the delivery
of services from a variety of providers, to
combat illegal alcohol, tobacco and drug use,
such as--
(i) family counseling; and
(ii) activities, such as community
service and service-learning projects,
that are designed to increase students'
sense of community;
(3) age-appropriate, developmentally based violence
prevention and education programs for all students,
from the preschool level through grade 12, that address
the legal, health, personal, and social consequences of
violent and disruptive behavior, including sexual
harassment and abuse, domestic violence and child
abuse, and victimization associated with prejudice and
intolerance, and that include activities designed to
help students develop a sense ofindividual
responsibility and respect for the rights of others,
and to resolve conflicts without violence, or otherwise
decrease the prevalence of risk factors or increase the
prevalence of protective factors, buffers, or assets in
the community;
(4) violence prevention programs for school-aged
youth, which emphasize students' sense of individual
responsibility and may include--
(A) the dissemination of information about
school safety and discipline;
(B) the professional development or voluntary
training of school personnel, parents,
students, law enforcement officials, judicial
officials, and community leaders in designing
and implementing strategies to prevent school
violence;
(C) the implementation of strategies, such as
conflict resolution and peer mediation, student
outreach efforts against violence, anti-crime
youth councils (which work with school and
community-based organizations to discuss and
develop crime prevention strategies), and the
use of mentoring programs, to combat school
violence and other forms of disruptive
behavior, such as sexual harassment and abuse;
and
(D) the development and implementation of
character education programs, as a component of
a comprehensive drug or violence prevention
program, that are tailored by communities,
parents and schools; and
(E) comprehensive, community-wide strategies
to prevent or reduce illegal gang activities
and drug use;
(5) supporting `safe zones of passage' for students
between home and school through such measures as Drug-
and Weapon-Free School Zones, enhanced law enforcement,
and neighborhood patrols;
(6) the acquisition or hiring of school security
equipment, technologies, personnel, or services such
as--
(A) metal detectors;
(B) electronic locks;
(C) surveillance cameras; and
(D) other drug and violence prevention-
related equipment and technologies;
(7) professional development for teachers and other
staff and curricula that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic
programs in supervised community settings;
(9) other scientifically based research prevention
programming that is--
(A) effective in reducing the prevalence of
alcohol, tobacco or drug use, and violence in
youth;
(B) effective in reducing the prevalence of
risk factors predictive of increased alcohol,
tobacco or drug use, and violence; or
(C) effective in increasing the prevalence of
protective factors, buffers, and assets
predictive of decreased alcohol, tobacco or
drug use and violence among youth;
(10) the collection of objective data used to assess
program needs, program implementation, or program
success in achieving program goals and objectives;
(11) community involvement activities including
community mobilization;
(12) voluntary parental involvement and training;
(13) the evaluation of any of the activities
authorized under this subsection;
(14) the provision of mental health counseling (by
qualified counselors) to students for drug or violence
related problems;
(15) consistent with the fourth amendment to the
Constitution of the United States, the testing of a
student for illegal drug use or inspecting a student's
locker for guns, explosives, other weapons, or illegal
drugs, including at the request of or with the consent
of a parent or legal guardian of the student, if the
local educational agency elects to so test or inspect;
and
(16) the conduct of a nationwide background check of
each local educational agency employee (regardless of
when hired) and prospective employees for the purpose
of determining whether the employee or prospective
employee has been convicted of a crime that bears upon
the employee's or prospective employee's fitness--
(A) to have responsibility for the safety or
well-being of children;
(B) to serve in the particular capacity in
which the employee or prospective employee is
or will be employed; or
(C) to otherwise be employed at all by the
local educational agency.
(c) Limitations.--
(1) In general.--Not more than 20 percent of the
funds made available to a local educational agency
under this subpart may be used to carry out the
activities described in paragraphs (5) and (6) of
subsection (b).
(2) Special rule.--A local educational agency shall
only use funds received under this subpart for
activities described in paragraphs (5) and (6) of
subsection (b) if funding for such activities is not
received from other Federal agencies.
(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit the use of funds under this part by any
local educational agency or school for the establishment or
implementation of a school uniform policy so long as such
policy is part of the overall comprehensive drug and violence
prevention plan of the State involved and is supported by the
State's needs assessment and other scientifically based
research information.
SEC. 4117. EVALUATION AND REPORTING.
(a) Impact Evaluation.--
(1) Biennial evaluation.--The Secretary, in
consultation with the National Advisory Committee,
shall conduct an independent biennial evaluation of the
impact of programs assisted under this subpart and of
other recent and new initiatives to combat violence in
schools. The evaluation shall report on--
(A) whether funded community and local
education agency programs--
(i) provided a thorough assessment of
the substance abuse and violence
problem;
(ii) used objective data and the
knowledge of a wide range of community
members;
(iii) developed measurable goals and
objectives;
(iv) implemented scientifically based
research programs that have been shown
to be effective and meet identified
needs; and
(v) conducted periodic program
evaluations to assess progress made
towards achieving program goals and
objectives and whether they used
evaluations to improve program goals,
objectives and activities;
(B) whether funded community and local
education agency programs have been designed
and implemented in a manner that specifically
targets, if relevant to the program--
(i) scientifically based research
variables that are predictive of drug
use or violence;
(ii) risk factors that are predictive
of an increased likelihood that young
people will use drugs, alcohol or
tobacco or engage in violence or drop
out of school; or
(iii) protective factors, buffers, or
assets that are known to protect
children and youth from exposure to
risk, either by reducing the exposure
to risk factors or by changing the way
the young person responds to risk, and
to increase the likelihood of positive
youth development;
(C) whether funded community and local
education agency programs have appreciably
reduced the level of drug, alcohol and tobacco
use and school violence and the presence of
firearms at schools; and
(D) whether funded community and local
educational agency programs have conducted
effective parent involvement and voluntary
training programs.
(2) Data collection.--The National Center for
Education Statistics shall collect data to determine
the incidence and prevalence of social disapproval of
drug use and violence in elementary and secondary
schools in the States.
(3) Biennial report.--Not later than January 1, 2003,
and every 2 years thereafter, the Secretary shall
submit to the President and Congress a report on the
findings of the evaluation conducted under paragraph
(1) together with the data collected under paragraph
(2) and data available from other sources on the
incidence and prevalence, age of onset, perception of
health risk, and perception of social disapproval of
drug use in elementary and secondary schools in the
States. The Secretary shall include data submitted by
the States pursuant to subsection (b)(2)(B).
(b) State Report.--
(1) In general.--By December 1, 2002, and every 2
years thereafter, the chief executive officer of the
State, in cooperation with the State educational
agency, shall submit to the Secretary a report--
(A) on the implementation and outcomes of
State programs under section 4114 and section
4113(b) and local educational agency programs
under section 4113(d), as well as an assessment
of their effectiveness;
(B) on the State's progress toward attaining
its goals for drug and violence prevention
under subsections (b)(1) and (c)(1) of section
4112; and
(C) on the State's efforts to inform parents
of, and include parents in, violence and drug
prevention efforts.
(2) Special rule.--The report required by this
subsection shall be--
(A) in the form specified by the Secretary;
(B) based on the State's ongoing evaluation
activities, and shall include data on the
incidence and prevalence, age of onset,
perception of health risk, and perception of
social disapproval of drug use and violence by
youth in schools and communities; and
(C) made readily available to the public.
(c) Local Educational Agency Report.--
(1) In general.--Each local educational agency
receiving funds under this subpart shall submit to the
State educational agency such information that the
State requires to complete the State report required by
subsection (b), including a description of how parents
were informed of, and participated in, violence and
drug prevention efforts.
(2) Availability.--Information under paragraph (1)
shall be made readily available to the public.
(3) Provision of documentation.--Not later than
January 1 of each year that a State is required to
report under subsection (b), the Secretary shall
provide to the State education agency all of the
necessary documentation required for compliance with
this section.
SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
(a) General Authority.--From the funds made available
pursuant to section 4111(a)(4) to carry out this section, the
Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are authorized
by and consistent with the provisions of this title for the
benefit of Native Hawaiians.
(b) Definition of Native Hawaiian.--For the purposes of this
section, the term `Native Hawaiian' means any individual any of
whose ancestors were natives, prior to 1778, of the area which
now comprises the State of Hawaii.
Subpart 2--National Programs
SEC. 4121. FEDERAL ACTIVITIES.
(a) Program Authorized.--From funds made available to carry
out this subpart under section 4004(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, and
the Attorney General, shall carry out programs to prevent the
illegal use of drugs and violence among, and promote safety and
discipline for, students at all educational levels from
preschool through the post-secondary level. The Secretary shall
carry out such programs directly, or through grants, contracts,
or cooperative agreements with public and private nonprofit
organizations and individuals, or through agreements with other
Federal agencies, and shall coordinate such programs with other
appropriate Federal activities. Such programs may include--
(1) the development and demonstration of innovative
strategies for the voluntary training of school
personnel, parents, and members of the community,
including the demonstration of model preservice
training programs for prospective school personnel;
(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence prevention;
(3) the provision of information on drug abuse
education and prevention to the Secretary of Health and
Human Services for dissemination by the clearinghouse
for alcohol and drug abuse information established
under section 501(d)(16) of the Public Health Service
Act;
(4) the development of curricula related to child
abuse prevention and education and the training of
personnel to teach child abuse education and prevention
to elementary and secondary schoolchildren;
(5) program evaluations that address issues not
addressed under section 4117(a);
(6) direct services to schools and school systems
afflicted with especially severe drug and violence
problems or to support crisis situations and
appropriate response efforts;
(7) activities in communities designated as
empowerment zones or enterprise communities that will
connect schools to community-wide efforts to reduce
drug and violence problems;
(8) developing and disseminating drug and violence
prevention materials, including video-based projects
and model curricula;
(9) developing and implementing a comprehensive
violence prevention strategy for schools and
communities, that may include conflict resolution, peer
mediation, the teaching of law and legal concepts, and
other activities designed to stop violence;
(10) the implementation of innovative activities,
such as community service and service-learning
projects, designed to rebuild safe and healthy
neighborhoods and increase students' sense of
individual responsibility;
(11) grants to noncommercial telecommunications
entities for the production and distribution of
national video-based projects that provide young people
with models for conflict resolution and responsible
decisionmaking;
(12) the development of education and training
programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
motivated by hate in localities most directly affected
by hate crimes; and
(13) other activities that meet unmet national needs
related to the purposes of this title.
(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this section.
SEC. 4122. NATIONAL COORDINATOR PROGRAM.
(a) In General.--From amounts available to carry out this
section under section 4004(3), the Secretary shall provide for
the establishment of a National Coordinator Program under which
the Secretary shall award grants to local educational agencies
for the hiring of drug prevention and school safety program
coordinators.
(b) Use of Funds.--Amounts received under a grant under
subsection (a) shall be used by local educational agencies to
recruit, hire, and train individuals to serve as drug
prevention and school safety program coordinators in schools
with significant drug and school safety problems. Such
coordinators shall be responsible for developing, conducting,
and analyzing assessments of drug and crime problems at their
schools, and administering the safe and drug free grant program
at such schools.
SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES ADVISORY
COMMITTEE.
(a) Establishment.--
(1) In general.--There is hereby established an
advisory committee to be known as the `Safe and Drug
Free Schools and Communities Advisory Committee'
(referred to in this section as the `Advisory
Committee') to--
(A) consult with the Secretary under
subsection (b);
(B) coordinate Federal school- and community-
based substance abuse and violence prevention
programs and reduce duplicative research or
services;
(C) develop core data sets and evaluation
protocols for safe and drug free school- and
community-based programs;
(D) provide technical assistance and training
for safe and drug free school- and community-
based programs;
(E) provide for the diffusion of
scientifically based research safe and drug
free school- and community-based programs; and
(F) review other regulations and standards
developed under this title.
(2) Composition.--The Advisory Committee shall be
composed of representatives from--
(A) the Department of Education;
(B) the Centers for Disease Control and
Prevention;
(C) the National Institute on Drug Abuse;
(D) the National Institute on Alcoholism and
Alcohol Abuse;
(E) the Center for Substance Abuse
Prevention;
(F) the Center for Mental Health Services;
(G) the Office of Juvenile Justice and
Delinquency Prevention;
(H) the Office of National Drug Control
Policy; and
(I) State and local governments, including
education agencies.
(3) Consultation.--In carrying out its duties under
this section, the Advisory Committee shall annually
consult with interested State and local coordinators of
school- and community-based substance abuse and
violence prevention programs and other interested
groups.
(b) Programs.--
(1) In general.--From amounts made available under
section 4004(2) to carry out this subpart, the
Secretary, in consultation with the Advisory Committee,
shall carry out scientifically based research programs
to strengthen the accountability and effectiveness of
the State, Governor's, and national programs under this
title.
(2) Grants, contracts or cooperative agreements.--The
Secretary shall carry out paragraph (1) directly or
through grants, contracts, or cooperative agreements
with public and nonprofit private organizations and
individuals or through agreements with other Federal
agencies.
(3) Coordination.--The Secretary shall coordinate
programs under this section with other appropriate
Federal activities.
(4) Activities.--Activities that may be carried out
under programs funded under this section may include--
(A) the provision of technical assistance and
training, in collaboration with other Federal
agencies utilizing their expertise and national
and regional training systems, for Governors,
State educational agencies and local
educational agencies to support high quality,
effective programs that--
(i) provide a thorough assessment of
the substance abuse and violence
problem;
(ii) utilize objective data and the
knowledge of a wide range of community
members;
(iii) develop measurable goals and
objectives; and
(iv) implement scientifically based
research activities that have been
shown to be effective and that meet
identified needs;
(B) the provision of technical assistance and
training to foster program accountability;
(C) the diffusion and dissemination of best
practices and programs;
(D) the development of core data sets and
evaluation tools;
(E) program evaluations;
(F) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the Clearinghouse for Alcohol and Drug Abuse
Information established under section
501(d)(16) of the Public Health Service Act;
and
(G) other activities that meet unmet needs
related to the purposes of this title and that
are undertaken in consultation with the
Advisory Committee.
SEC. 4124. HATE CRIME PREVENTION.
(a) Grant Authorization.--From funds made available to
carry out this subpart under section 4004(2) the Secretary may
make grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
(b) Use of Funds.--
(1) Program development.--Grants under this section
may be used to improve elementary and secondary
educational efforts, including--
(A) development of education and training
programs designed to prevent and to reduce the
incidence of crimes and conflicts motivated by
hate;
(B) development of curricula for the purpose
of improving conflict or dispute resolution
skills of students, teachers, and
administrators;
(C) development and acquisition of equipment
and instructional materials to meet the needs
of, or otherwise be part of, hate crime or
conflict programs; and
(D) professional training and development for
teachers and administrators on the causes,
effects, and resolutions of hate crimes or
hate-based conflicts.
(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall
submit an application to the Secretary in such form and
containing such information as the Secretary may
reasonably require.
(3) Requirements.--Each application under paragraph
(2) shall include--
(A) a request for funds for the purposes
described in this section;
(B) a description of the schools and
communities to be served by the grants; and
(C) assurances that Federal funds received
under this section shall be used to supplement,
not supplant, non-Federal funds.
(4) Comprehensive plan.--Each application shall
include a comprehensive plan that contains--
(A) a description of the hate crime or
conflict problems within the schools or the
community targeted for assistance;
(B) a description of the program to be
developed or augmented by such Federal and
matching funds;
(C) assurances that such program or activity
shall be administered by or under the
supervision of the applicant;
(D) proper and efficient administration of
such program; and
(E) fiscal control and fund accounting
procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this
section.
(c) Award of Grants.--
(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts
motivated by bias in the targeted schools and
communities in awarding grants under this section.
(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an
equitable geographic distribution of grant awards.
(3) Dissemination of information.--The Secretary
shall attempt, to the extent practicable, to make
available information regarding successful hate crime
prevention programs, including programs established or
expanded with grants under this section.
(d) Reports.--The Secretary shall submit to the Congress a
report every two years which shall contain a detailed statement
regarding grants and awards, activities of grant recipients,
and an evaluation of programs established under this section.
SEC. 4125. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING
DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY
SCHOOL CHILDREN.
(a) Grants Authorized.--
(1) Authority.--The Secretary is authorized to award
grants and contracts to elementary schools and
secondary schools that work with experts to enable the
elementary schools and secondary schools--
(A) to provide training to school
administrators, faculty, and staff, with
respect to issues concerning children
experiencing domestic violence in dating
relationships and witnessing domestic violence,
and the impact of the violence described in
this subparagraph on children;
(B) to provide educational programming to
students regarding domestic violence and the
impact of experiencing or witnessing domestic
violence on children;
(C) to provide support services for students
and school personnel for the purpose of
developing and strengthening effective
prevention and intervention strategies with
respect to issues concerning children
experiencing domestic violence in dating
relationships and witnessing domestic violence,
and the impact of the violence described in
this subparagraph on children; and
(D) to develop and implement school system
policies regarding appropriate, safe responses
identification and referral procedures for
students who are experiencing or witnessing
domestic violence.
(2) Award basis.--The Secretary shall award grants
and contracts under this section--
(A) on a competitive basis; and
(B) in a manner that ensures that such grants
and contracts are equitably distributed
throughout a State among elementary schools and
secondary schools located in rural, urban, and
suburban areas in the State.
(3) Policy dissemination.--The Secretary shall
disseminate to elementary schools and secondary schools
any Department of Education policy guidance regarding
the prevention of domestic violence and the impact of
experiencing or witnessing domestic violence on
children.
(b) Uses of Funds.--Funds provided under this section may
be used for the following purposes:
(1) To provide training for elementary school and
secondary school administrators, faculty, and staff
that addresses issues concerning elementary school and
secondary school students who experience domestic
violence in dating relationships or witness or
experience family violence, and the impact of such
violence on the students.
(2) To provide education programs for elementary
school and secondary school students that are
developmentally appropriate for the students' grade
levels and are designed to meet any unique cultural and
language needs of the particular student populations.
(3) To develop and implement elementary school and
secondary school system policies regarding appropriate,
safe responses, identification and referral procedures
for students who are experiencing or witnessing
domestic violence and to develop and implement policies
on reporting and referral procedures for these
students.
(4) To provide the necessary human resources to
respond to the needs of elementary school and secondary
school students and personnel who are faced with the
issue of domestic violence, such as a resource person
who is either on-site or on-call, and who is an expert.
(5) To provide media center materials and educational
materials to elementary schools and secondary schools
that address issues concerning children who experience
domestic violence in dating relationships and witness
domestic violence, and the impact of the violence
described in this paragraph on the children.
(6) To conduct evaluations to assess the impact of
programs and policies assisted under this section in
order to enhance the development of the programs.
(c) Confidentiality.--Policies, programs, training materials,
and evaluations developed and implemented under subsection (b)
shall address issues of safety and confidentiality for the
victim and the victim's family in a manner consistent with
applicable Federal and State laws.
(d) Application.--
(1) In general.--To be eligible to be awarded a grant
or contract under this section for any fiscal year, an
elementary school or secondary school, in consultation
with an expert, shall submit an application to the
Secretary at such time and in such manner as the
Secretary shall prescribe.
(2) Contents.--Each application submitted under
paragraph (1) shall--
(A) describe the need for funds provided
under the grant or contract and the plan for
implementation of any of the activities
described in subsection (b);
(B) describe how the experts shall work in
consultation and collaboration with the
elementary school or secondary school;
(C) provide measurable goals for and expected
results from the use of the funds provided
under the grant or contract; and
(D) incorporate appropriate remuneration for
collaborating partners.
(e) Applicability.--The provisions of this part (other than
this section) shall not apply to this section.
(f) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic
violence'' has the meaning given that term in section
2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2)).
(2) Experts.--The term ``experts'' means--
(A) experts on domestic violence, sexual
assault, and child abuse from the educational,
legal, youth, mental health, substance abuse,
and victim advocacy fields; and
(B) State and local domestic violence
coalitions and community-based youth
organizations.
(3) Witness domestic violence.--
(A) In general.--The term ``witness domestic
violence'' means to witness--
(i) an act of domestic violence that
constitutes actual or attempted
physical assault; or
(ii) a threat or other action that
places the victim in fear of domestic
violence.
(B) Witness.--In subparagraph (A), the term
``witness'' means to--
(i) directly observe an act, threat,
or action described in subparagraph
(A), or the aftermath of that act,
threat, or action; or
(ii) be within earshot of an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action.
Subpart 3--General Provisions
SEC. 4131. DEFINITIONS.
In this part:
(1) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization which is representative of a
community or significant segments of a community and
which provides educational or related services to
individuals in the community.
(2) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or
education related to the illegal use of alcohol
and the use of controlled, illegal, addictive,
or harmful substances, including inhalants and
anabolic steroids;
(B) prevention, early intervention, smoking
cessation activities, or education, related to
the use of tobacco by children and youth
eligible for services under this title; and
(C) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, including sexual harassment and abuse,
and victimization associated with prejudice and
intolerance, on school premises, going to and
from school, and at school-sponsored
activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
(3) Hate crime.--The term ``hate crime'' means a
crime as described in section 1(b) of the Hate Crime
Statistics Act of 1990.
(4) Nonprofit.--The term ``nonprofit'', as applied to
a school, agency, organization, or institution means a
school, agency, organization, or institution owned and
operated by one or more nonprofit corporations or
associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
(5) Objectively measurable goals.--The term
``objectively measurable goals'' means prevention
programming goals defined through use of quantitative
epidemiological data measuring the prevalence of
alcohol, tobacco, and other drug use, violence, and the
prevalence of risk and protective factors predictive of
these behaviors, collected through a variety of methods
and sources known to provide high quality data.
(6) Protective factor, buffer, or asset.--The terms
``protective factor'', ``buffer'', and ``asset'' mean
any one of a number of the community, school, family,
or peer-individual domains that are known, through
prospective, longitudinal research efforts, or which
are grounded in a well-established theoretical model of
prevention, and have been shown to prevent alcohol,
tobacco, or illicit drug use, as well as violent
behavior, by youth in the community, and which promote
positive youth development.
(7) Risk factor.--The term ``risk factor'' means any
one of a number of characteristics of the community,
school, family, or peer-individual domains that are
known, through prospective, longitudinal research
efforts, to be predictive of alcohol, tobacco, and
illicit drug use, as well as violent behavior, by youth
in the school and community.
(8) School-aged population.--The term ``school-aged
population'' means the population aged five through 17,
as determined by the Secretary on the basis of the most
recent satisfactory data available from the Department
of Commerce.
(9) School personnel.--The term ``school personnel''
includes teachers, administrators, counselors, social
workers, psychologists, nurses, librarians, and other
support staff who are employed by a school or who
perform services for the school on a contractual basis.
SEC. 4132. MATERIALS.
(a) ``Illegal and Harmful'' Message.--Drug prevention
programs supported under this part shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is illegal and harmful.
(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part, but
may evaluate the effectiveness of such curricula and other
strategies in drug and violence prevention.
SEC. 4133. PROHIBITED USES OF FUNDS.
No funds under this part may be used for--
(1) construction (except for minor remodeling needed
to accomplish the purposes of this part); and
(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of or
witnesses to crime or who use alcohol, tobacco, or
drugs.
SEC. 4134. QUALITY RATING.
(a) In General.--The chief executive officer of each State,
or in the case of a State in which the constitution or law of
such State designates another individual, entity, or agency in
the State to be responsible for education activities, such
individual, entity, or agency, is authorized and encouraged--
(1) to establish a standard of quality for drug,
alcohol, and tobacco prevention programs implemented in
public elementary schools and secondaryschools in the
State in accordance with subsection (b); and
(2) to identify and designate, upon application by a
public elementary school or secondary school, any such
school that achieves such standard as a quality program
school.
(b) Criteria.--The standard referred to in subsection (a)
shall address, at a minimum--
(1) a comparison of the rate of illegal use of drugs,
alcohol, and tobacco by students enrolled in the school
for a period of time to be determined by the chief
executive officer of the State;
(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-
related offenses;
(3) the effectiveness of the drug, alcohol, or
tobacco prevention program as proven by research;
(4) the involvement of parents and community members
in the design of the drug, alcohol, and tobacco
prevention program; and
(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before
implementation of the public school program.
(c) Request for Quality Program School Designation.--A
school that wishes to receive a quality program school
designation shall submit a request and documentation of
compliance with this section to the chief executive officer of
the State or the individual, entity, or agency described in
subsection (a), as the case may be.
(d) Public Notification.--Not less than once a year, the
chief executive officer of each State or the individual,
entity, or agency described in subsection (a), as the case may
be, shall make available to the public a list of the names of
each public school in the State that has received a quality
program school designation in accordance with this section.
PART B--GUN POSSESSION
SEC. 4201. GUN-FREE REQUIREMENTS.
(a) Short Title.--This part may be cited as the ``Gun-Free
Schools Act of 1994''.
(b) Requirements.--
(1) In general.--Each State receiving Federal funds
under this Act shall have in effect a State law
requiring local educational agencies to expel from
school for a period of not less than one year a student
who is determined to have brought a weapon to a school
under the jurisdiction of local educational agencies in
that State, except that such State law shall allow the
chief administering officer of a local educational
agency to modify such expulsion requirement for a
student on a case-by-case basis.
(2) Construction.--Nothing in this part shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
(3) Definition.--For the purpose of this section, the
term ``weapon'' means a firearm as such term is defined
in section 921(a) of title 18, United States Code.
(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under
this Act shall provide to the State, in the application
requesting such assistance--
(1) an assurance that such local educational agency
is in compliance with the State law required by
subsection (b); and
(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
(A) the name of the school concerned;
(B) the number of students expelled from such
school; and
(C) the type of weapons concerned.
(e) Reporting.--Each State shall report the information
described in subsection (d) to the Secretary on an annual
basis.
SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.
(a) In General.--No funds shall be made available under
this Act to any local educational agency unless such agency has
a policy requiring referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm or
weapon to a school served by such agency.
(b) Definitions.--For the purpose of this section, the
terms ``firearm'' and ``school'' have the meanings given the
terms in section 921(a) of title 18, United States Code.
PART C--SCHOOL SAFETY AND VIOLENCE PREVENTION
SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.
Subject to this title, and subpart 4 of part B of title V,
funds made available under this title and such subpart may be
used for--
(1) training, including in-service training, for
school personnel (including custodians and bus
drivers), with respect to--
(A) the identification of potential threats,
such as illegal weapons and explosive devices;
(B) crisis preparedness and intervention
procedures; and
(C) emergency response;
(2) training for parents, teachers, school personnel
and other interested members of the community regarding
the identification and responses to early warning signs
of troubled and violent youth;
(3) innovative scientifically based research
delinquency and violence prevention programs,
including--
(A) school antiviolence programs; and
(B) mentoring programs;
(4) comprehensive security assessments;
(5) in accordance with section 4116(c), the purchase
of school security equipment and technologies such as--
(A) metal detectors;
(B) electronic locks; and
(C) surveillance cameras;
(6) collaborative efforts with community-based
organizations, including faith-based organizations,
statewide consortia, and law enforcement agencies, that
have demonstrated expertise in providing effective,
scientifically based research violence prevention and
intervention programs for school-aged children;
(7) providing assistance to States, local education
agencies, or schools to establish school uniform
policies;
(8) school resource officers, including community
policing officers; and
(9) other innovative, local responses that are
consistent with reducing incidents of school violence
and improving the educational atmosphere of the
classroom.
SEC. 4302. SCHOOL UNIFORMS.
(a) Construction.--Nothing in this part shall be construed
to prohibit any State, local education agency, or school from
establishing a school uniform policy.
(b) Funding.--Subject to this title and subpart 4 of part B
of title V, funds provided under this title and such subpart
may be used for establishing a uniform policy.
SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
(a) Nonapplication of Provisions.--This section shall not
apply to any disciplinary records with respect to a suspension
or expulsion that are transferred from a private, parochial or
other nonpublic school, person, institution, or other entity,
that provides education below the college level.
(b) Disciplinary Records.--In accordance with the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
not later than 2 years after the date of enactment of this
part, each State receiving Federal funds under this Act shall
provide an assurance to the Secretary that the State has a
procedure in place to facilitate the transfer of disciplinary
records, with respect to a suspension or expulsion, by local
educational agencies to any private or public elementary school
or secondary school for any student who is enrolled or seeks,
intends, or is instructed to enroll, on a full- or part-time
basis, in the school.
PART D--ENVIRONMENTAL TOBACCO SMOKE
SEC. 4401. SHORT TITLE.
This part may be cited as the ``Pro-Children Act of 2000''.
SEC. 4402. DEFINITIONS.
As used in this part:
(1) Children.--The term ``children'' means
individuals who have not attained the age of 18.
(2) Children's services.--The term ``children's
services'' means the provision on a routine or regular
basis of health, day care, education, or library
services--
(A) that are funded, after the date of the
enactment of the Educational Opportunities Act,
directly by the Federal Government or through
State or local governments, by Federal grant,
loan, loan guarantee, or contract programs--
(i) administered by either the
Secretary of Health and Human Services
or the Secretary of Education (other
than services provided and funded
solely under titles XVIII and XIX of
the Social Security Act); or
(ii) administered by the Secretary of
Agriculture in the case of a clinic (as
defined in part 246.2 of title 7, Code
of Federal Regulations (or any
corresponding similar regulation or
ruling)) under section 17(b)(6) of the
Child Nutrition Act of 1966; or
(B) that are provided in indoor facilities
that are constructed, operated, or maintained
with such Federal funds, as determined by the
appropriate head of a Federal agency in any
enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A)
is intended to include facilities (other than clinics)
where coupons are redeemed under the Child Nutrition
Act of 1966.
(3) Indoor facility.--The term ``indoor facility''
means a building that is enclosed.
(4) Person.--The term ``person'' means any State or
local subdivision of a State, agency of such State or
subdivision, corporation, or partnership that owns or
operates or otherwise controls and provides children's
services or any individual who owns or operates or
otherwise controls and provides such services.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
SEC. 4403. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Prohibition.--After the date of the enactment of the
Educational Opportunities Act, no person shall permit smoking
within any indoor facility owned or leased or contracted for,
and utilized, by such person for provision of routine or
regular kindergarten, elementary, or secondary education or
library services to children.
(b) Additional Prohibition.--
(1) In general.--After the date of the enactment of
the Educational Opportunities Act, no person shall
permit smoking within any indoor facility (or portion
of such a facility) owned or leased or contracted for,
and utilized by, such person for the provision of
regular or routine health care or day care or early
childhood development (Head Start) services.
(2) Exception.--Paragraph (1) shall not apply to--
(A) any portion of such facility that is used
for inpatient hospital treatment of individuals
dependent on, or addicted to, drugs or alcohol;
and
(B) any private residence.
(c) Federal Agencies.--
(1) Kindergarten, elementary, or secondary education
or library services.--After the date of enactment of
the Educational Opportunities Act, no Federal agency
shall permit smoking within any indoor facility in the
United States operated by such agency, directly or by
contract, to provide routine or regular kindergarten,
elementary, or secondary education or library services
to children.
(2) Health or day care or early childhood development
services.--
(A) In general.--After the date of enactment
of the Educational Opportunities Act, no
Federal agency shall permit smoking within any
indoor facility (or portion of such facility)
operated by such agency, directly or by
contract, to provide routine or regular health
or day care or early childhood development
(Head Start) services to children.
(B) Exception.--Subparagraph (A) shall not
apply to--
(i) any portion of such facility that
is used for inpatient hospital
treatment of individuals dependent on,
or addicted to, drugs or alcohol; and
(ii) any private residence.
(3) Application of provisions.--The provisions of
paragraph (2) shall also apply to the provision of such
routine or regular kindergarten, elementary or
secondary education or library services in the
facilities described in paragraph (2) not subject to
paragraph (1).
(d) Notice.--The prohibitions in subsections (a) through
(c) shall be published in a notice in the Federal Register by
the Secretary (in consultation with the heads of other affected
agencies) and by such agency heads in funding arrangements
involving the provision of children's services administered by
such heads. Such prohibitions shall be effective 90 days after
such notice is published, or 270 days after the date of the
enactment of the Educational Opportunities Act, whichever
occurs first.
(e) Civil Penalties.--
(1) In general.--Any failure to comply with a
prohibition in this section shall be considered to be a
violation of this section and any person subject to
such prohibition who commits such violation may be
liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, or may
be subject to an administrative compliance order, or
both, as determined by the Secretary. Each day a
violation continues shall constitute a separate
violation. In the case of any civil penalty assessed
under this section, the total amount shall not exceed
the amount of Federal funds received by such person for
the fiscal year in which the continuing
violationoccurred. For the purpose of the prohibition
in subsection (c), the term ``person'', as used in this
paragraph, shall mean the head of the applicable
Federal agency or the contractor of such agency
providing the services to children.
(2) Administrative proceeding.--A civil penalty may
be assessed in a written notice, or an administrative
compliance order may be issued under paragraph (1), by
the Secretary only after an opportunity for a hearing
in accordance with section 554 of title 5, United
States Code. Before making such assessment or issuing
such order, or both, the Secretary shall give written
notice of the assessment or order to such person by
certified mail with return receipt and provide
information in the notice of an opportunity to request
in writing, not later than 30 days after the date of
receipt of such notice, such hearing. The notice shall
reasonably describe the violation and be accompanied
with the procedures for such hearing and a simple form
that may be used to request such hearing if such person
desires to use such form. If a hearing is requested,
the Secretary shall establish by such certified notice
the time and place for such hearing, which shall be
located, to the greatest extent possible, at a location
convenient to such person. The Secretary (or the
Secretary's designee) and such person may consult to
arrange a suitable date and location where appropriate.
(3) Circumstances affecting penalty or order.--In
determining the amount of the civil penalty or the
nature of the administrative compliance order, the
Secretary shall take into account, as appropriate--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, any good
faith efforts to comply, the importance of
achieving early and permanent compliance, the
ability to pay or comply, the effect of the
penalty or order on the ability to continue
operation, any prior history of the same kind
of violation, the degree of culpability, and
any demonstration of willingness to comply with
the prohibitions of this section in a timely
manner; and
(C) such other matters as justice may
require.
(4) Modification.--The Secretary may, as appropriate,
compromise, modify, or remit, with or without
conditions, any civil penalty or administrative
compliance order. In the case of a civil penalty, the
amount, as finally determined by the Secretary or
agreed upon in compromise, may be deducted from any
sums that the United States or the agencies or
instrumentalities of the United States owe to the
person against whom the penalty is assessed.
(5) Petition for review.--Any person aggrieved by a
penalty assessed or an order issued, or both, by the
Secretary under this section may file a petition for
judicial review of the order with the United States
Court of Appeals for the District of Columbia Circuit
or for any other circuit in which the person resides or
transacts business. Such person shall provide a copy of
the petition to the Secretary or the Secretary's
designee. The petition shall be filed within 30 days
after the Secretary's assessment or order, or both, are
final and have been provided to such person by
certified mail. The Secretary shall promptly provide to
the court a certified copy of the transcript of any
hearing held under this section and a copy of the
notice or order.
(6) Failure to comply.--If a person fails to pay an
assessment of a civil penalty or comply with an order,
after the assessment or order, or both, are final under
this section, or after a court has entered a final
judgment under paragraph (5) in favor of the Secretary,
the Attorney General, at the request of the Secretary,
shall recover the amount of the civil penalty (plus
interest at prevailing rates from the day the
assessment or order, or both, are final) or enforce the
order in an action brought in the appropriate district
court of the United States. In such action, the
validity and appropriateness of the penalty or order or
the amount of the penalty shall not be subject to
review.
SEC. 4404. PREEMPTION.
Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this part.
[TITLE V--PROMOTING EQUITY
[PART A--MAGNET SCHOOLS ASSISTANCE
[SEC. 5101. FINDINGS.
[The Congress finds that--
[(1) magnet schools are a significant part of our
Nation's effort to achieve voluntary desegregation in
our Nation's schools;
[(2) the use of magnet schools has increased
dramatically since the date of enactment of the Magnet
Schools Assistance program, with approximately
1,400,000 students nationwide now attending such
schools, of which more than 60 percent of the students
are nonwhite;
[(3) magnet schools offer a wide range of distinctive
programs that have served as models for school
improvement efforts;
[(4) in administering the Magnet Schools Assistance
program, the Federal Government has learned that--
[(A) where magnet programs are implemented
for only a portion of a school's student body,
special efforts must be made to discourage the
isolation of--
[(i) magnet school students from
other students in the school; and
[(ii) students by racial
characteristics;
[(B) local educational agencies can maximize
their effectiveness in achieving the purposes
of the Magnet Schools Assistance program if
such agencies have more flexibility in the
administration of such program in order to
serve students attending a school who are not
enrolled in the magnet school program;
[(C) local educational agencies must be
creative in designing magnet schools for
students at all academic levels, so that school
districts do not skim off only the highest
achieving students to attend the magnet
schools;
[(D) consistent with desegregation
guidelines, local educational agencies must
seek to enable participation in magnet school
programs by students who reside in the
neighborhoods where the programs operate; and
[(E) in order to ensure that magnet schools
are sustained after Federal funding ends, the
Federal Government must assist school districts
to improve their capacity to continue to
operate magnet schools at a high level of
performance; and
[(5) it is in the best interest of the Federal
Government to--
[(A) continue the Federal Government's
support of school districts implementing court-
ordered desegregation plans and school
districts seeking to foster meaningful
interaction among students of different racial
and ethnic backgrounds, beginning at the
earliest stage of such students' education;
[(B) ensure that all students have equitable
access to quality education that will prepare
such students to function well in a culturally
diverse, technologically oriented, and highly
competitive, global community; and
[(C) maximize the ability of local
educational agencies to plan, develop,
implement and continue effective and innovative
magnet schools that contribute to State and
local systemic reform.
[SEC. 5102. STATEMENT OF PURPOSE.
[The purpose of this part is to assist in the desegregation
of schools served by local educational agencies by providing
financial assistance to eligible local educational agencies
for--
[(1) The elimination, reduction, or prevention of
minority group isolation in elementary and secondary
schools with substantial proportions of minority
students;
[(2) the development and implementation of magnet
school projects that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
content standards and challenging State student
performance standards;
[(3) the development and design of innovative
educational methods and practices; and
[(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the grasp of tangible and
marketable vocational skills of students attending such
schools.
[SEC. 5103. PROGRAM AUTHORIZED.
[The Secretary, in accordance with this part, is
authorized to make grants to eligible local educational
agencies, and consortia of such agencies where appropriate, to
carry out the purpose of this part for magnet schools that
are--
[(1) part of an approved desegregation plan; and
[(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds
together.
[SEC. 5104. DEFINITION.
[For the purpose of this part, the term ``magnet school''
means a public elementary or secondary school or public
elementary or secondary education center that offers a special
curriculum capable of attracting substantial numbers of
students of different racial background.
[SEC. 5105. ELIGIBILITY.
[A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive assistance under this
part to carry out the purposes of this part if such agency or
consortium--
[(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary and secondary schools of such
agency; or
[(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies underthis part, adopt and
implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
[SEC. 5106. APPLICATIONS AND REQUIREMENTS.
[(a) Applications.--An eligible local educational agency or
consortium of such agencies desiring to receive assistance
under this part shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
[(b) Information and Assurances.--Each such application
shall include--
[(1) a description of--
[(A) how assistance made available under this
part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among
students of different social, economic, ethnic,
and racial backgrounds;
[(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
[(C) how an applicant will continue the
magnet school project after assistance under
this part is no longer available, including, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with funds under this part cannot be
continued without the use of funds under this
part;
[(D) how funds under this part will be used
to implement services and activities that are
consistent with other programs under this Act,
the Goals 2000: Educate America Act, and other
Acts, as appropriate, in accordance with the
provisions of section 14306; and
[(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
[(2) assurances that the applicant will--
[(A) use funds under this part for the
purposes specified in section 5102;
[(B) employ State certified or licensed
teachers in the courses of instruction assisted
under this part to teach or supervise others
who are teaching the subject matter of the
courses of instruction;
[(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
[(i) the hiring, promotion, or
assignment of employees of the agency
or other personnel for whom the agency
has any administrative responsibility;
[(ii) the assignment of students to
schools, or to courses of instruction
within the school, of such agency,
except to carry out the approved plan;
and
[(iii) designing or operating
extracurricular activities for
students;
[(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
[(E) give students residing in the local
attendance area of the proposed magnet school
projects equitable consideration for placement
in those projects.
[(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
[SEC. 5107. PRIORITY.
[In approving applications under this part, the Secretary
shall give priority to applicants that--
[(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
[(2) propose to carry out new magnet school projects,
or significantly revise existing magnet school
projects;
[(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination;
[(4) propose to implement innovative educational
approaches that are consistent with the State's and
local educational agency's approved systemic reform
plans, if any, under title III of the Goals 2000:
Educate America Act; and
[(5) propose to draw on comprehensive community
involvement plans.
[SEC. 5108. USE OF FUNDS
[(a) In General.--Grant funds made available under this
part may be used by an eligible local educational agency or
consortium of such agencies--
[(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
[(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of
programs in magnet schools;
[(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are certified or licensed by the State,
and instructional staff where applicable, who are
necessary for the conduct of programs in magnet
schools; and
[(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
[(A) are designed to make available the
special curriculum that is offered by the
magnet school project to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
[(B) further the purposes of this part.
[(b) Special Rule.--Grant funds under this part may be used
in accordance with paragraphs (2) and (3) of subsection (a)
only if the activities described in such paragraphs are
directly related to improving the students' reading skills or
knowledge of mathematics, science, history, geography, English,
foreign languages, art, or music, or to improving vocational
skills.
[SEC. 5109. PROHIBITIONS.
[(a) Transporation.--Grants under this part may not be used
for transportation or any activity that does not augment
academic improvement.
[(b) Planning.--A local educational agency shall not expend
funds under this part after the third year that such agency
receives funds under this part for such project.
[SEC. 5110. LIMITATIONS.
[(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed three fiscal years.
[(b) Limitation on Planning Funds.--A local educational
agency may expend for planning not more than 50 percent of the
funds received under this part for the first year of the
project, 15 percent of such funds for the second such year, and
10 percent of such funds for the third such year.
[(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
[(d) Timing.--To the extent practicable, the Secretary
shall award grants for any fiscal year under this part not
later than June 1 of the applicable fiscal year.
[SEC. 5111. INNOVATIVE PROGRAMS.
[(a) In General.--From amounts reserved under subsection
(d) for each fiscal year, the Secretary shall award grants to
local educational agencies or consortia of such agencies
described in section 5105 to enable such agencies or consortia
to conduct innovative programs that--
[(1) carry out the purpose of this part; and
[(2) involve strategies other than magnet schools,
such as neighborhood or community model schools--
[(A) organized around a special emphasis,
theme or concept; and
[(B) involving extensive parent and community
involvement.
[(b) Applicability.--Sections 5103, 5106, 5107, and 5108,
shall not apply to grants awarded under subsection (a).
[(c) Applications.--Each local educational agency or
consortia of such agencies desiring a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances as
the Secretary may reasonably require.
[(d) Innovative Programs.--The Secretary shall reserve not
more than 5 percent of the funds appropriated under section
5113(a) for each fiscal year to award grants under this
section.
[SEC. 5112. EVALUATIONS.
[(a) Reservation.--The Secretary may reserve not more than
two percent of the funds appropriated under section 5113(a) for
any fiscal year to carry out evaluations of projects assisted
under this part.
[(b) Contents.--Each evaluation described in subsection
(a), at a minimum, shall address--
[(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
[(2) the extent to which magnet school programs
enhance student access to quality education;
[(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary and secondary
schools with substantial proportions of minority
students; and
[(4) the extent to which magnet school programs
differ from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs.
[SEC. 5113. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
[(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $120,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
[(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.
[PART B--WOMEN'S EDUCATIONAL EQUITY
[SEC. 5201. SHORT TITLE; FINDINGS.
[(a) Short Title.--This part may be cited as the ``Women's
Educational Equity Act of 1994''.
[(b) Findings.--The Congress finds that--
[(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides
in educational achievement and in their ability to
avail themselves of educational opportunities;
[(2) because of funding provided under the Women's
Educational Equity Act, more curricula, training, and
other educational materials concerning educational
equity for women and girls are available for national
dissemination;
[(3) teaching and learning practices in the United
States are frequently inequitable as such practices
relate to women and girls, for example--
[(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
schools to provide a safe and equitable
learning or workplace environment;
[(B) classroom textbooks and other
educational materials do not sufficiently
reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
[(C) girls do not take as many mathematics
and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences; and
[(D) pregnant and parenting teenagers are at
high risk for dropping out of school and
existing dropout prevention programs do not
adequately address the needs of such teenagers;
[(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women and
girls;
[(5) Federal support should address not only research
and development of innovative model curricula and
teaching and learning strategies to promote gender
equity, but should also assist schools and local
communities implement gender equitable practices;
[(6) Federal assistance for gender equity must be
tied to systemic reform, involve collaborative efforts
to implement effective gender practices at the local
level, and encourage parental participation; and
[(7) excellence in education, high educational
achievements and standards, and the full participation
of women and girls in American society, cannot be
achieved without educational equity for women and
girls.
[SEC. 5202. STATEMENT OF PURPOSES.
[It is the purpose of this part--
[(1) to promote gender equity in education in the
United States;
[(2) to provide financial assistance to enable
educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments
of 1972; and
[(3) to promote equity in education for women and
girls who suffer from multiple forms of discrimination
based on sex, race, ethnic origin, limited-English
proficiency, disability, or age.
[SEC. 5203. PROGRAMS AUTHORIZED.
[(a) In General.--The Secretary is authorized--
[(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities and initiatives
in all Federal education programs and offices;
[(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
[(3) to provide information and technical assistance
to assure the effective implementation of gender equity
programs;
[(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
[(5) to assist the Assistant Secretary of the Office
of Educational Research and Improvement in identifying
research priorities related to education equity for
women and girls; and
[(6) to perform any other activities consistent with
achieving the purposes of this part.
[(b) Grants Authorized--
[(1) In general.--The Secretary is authorized to make
grants to, and enter into contracts and cooperative
agreements with, public agencies, private nonprofit
agencies, organizations, institutions, student groups,
community groups, and individuals, for a period not to
exceed four years, to--
[(A) provide grants to develop model equity
programs; and
[(B) provide funds for the implementation of
equity programs in schools throughout the
Nation.
[(2) Support and technical assistance.--To achieve
the purposes of this part, the Secretary is authorized
to provide support and technical assistance--
[(A) to implement effective gender-equity
policies and programs at all educational
levels, including--
[(i) assisting educational agencies
and institutions to implement policies
and practices to comply with title IX
of the Education Amendments of 1972;
[(ii) training for teachers,
counselors, administrators, and other
school personnel, especially preschool
and elementary school personnel, in
gender equitable teaching and learning
practices;
[(iii) leadership training for women
and girls to develop professional and
marketable skills to compete in the
global marketplace, improve self-
esteem, and benefit from exposure to
positive role models;
[(iv) school-to-work transition
programs, guidance and counseling
activities, and other programs to
increase opportunities for women and
girls to enter a technologically
demanding workplace and, in particular,
to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
[(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of
discrimination, based on sex and on
race, ethnic origin, limited-English
proficiency, disability, socio-economic
status, or age;
[(vi) assisting pregnant students and
students rearing children to remain in
or to return to secondary school,
graduate, and prepare their preschool
children to start school;
[(vii) evaluating exemplary model
programs to assess the ability of such
programs to advance educational equity
for women and girls;
[(viii) introduction into the
classroom of textbooks, curricula, and
other materials designed to achieve
equity for women and girls;
[(ix) programs and policies to
address sexual harassment and violence
against women and girls and toensure
that educational institutions are free
from threats to the safety of students
and personnel;
[(x) nondiscriminatory tests of
aptitude and achievement and of
alternative assessments that eliminate
biased assessment instruments from use;
[(xi) programs to increase
educational opportunities including
higher education, vocational training,
and other educational programs for low-
income women, including underemployed
and unemployed women, and women
receiving assistance under a State
program funded under part A of title IV
of the Social Security Act;
[(xii) programs to improve
representation of women in educational
administration at all levels; and
[(xiii) planning, development and
initial implemen-tation of--
[(I) comprehensive
institution- or districtwide
evaluation to assess the
presence or absence of gender
equity in educational settings;
[(II) comprehensive plans for
implementation of equity
programs in State and local
educational agencies and
institutions of higher
education; in-cluding community
colleges; and
[(III) innovative approaches
to school-commu-nity
partnerships for educational
equity.
[(B) for research and development, which
shall be co-ordinated with each of the research
institutes of the Office of Educational
Research and Improvement to avoid dupli-cation
of research efforts, designed to advance gender
eq-uity nationwide and to help make policies
and practices in educational agencies and
institutions, and local commu-nities, gender
equitable, including--
[(i) research and development of
innovative strate-gies and model
training programs for teachers and
other education personnel;
[(ii) the development of high quality
and chal-lenging assessment instruments
that are nondiscrim-inatory;
[(iii) the development and evaluation
of model cur-ricula, textbooks,
software, and other educational
materials to ensure the absence of
gender stereotyping and bias;
[(iv) the development of instruments
and proce-dures that employ new and
innovative strategies to as-sess
whether diverse educational settings
are gender equitable;
[(v) the development of instruments
and strategies for evaluation,
dissemination, and replication of
promising or exemplary programs
designed to assist local educational
agencies in integrating gender equity
in their educational policies and
practices;
[(vi) updating high quality
educational materials previously
developed through awards made under
this part;
[(vii) the development of policies
and programs to address and prevent
sexual harassment and violence to
ensure that educational institutions
are free from threats to safety of
students and personnel;
[(viii) the development and
improvement of programs and activities
to increase opportunity for women,
including continuing educational
activities, vocational education, and
programs for low-income women,
including underemployed and unemployed
women, and women receiving assistance
under the State program funded under
part A of title IV of the Social
Security Act; and
[(ix) the development of guidance and
counseling activities, including career
education programs, designed to ensure
gender equity.
[SEC. 5204. APPLICATIONS.
[An application under this part shall--
[(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this part, including an evaluation of
the practices, policies, and materials used by the
applicant and an evaluation or estimate of the
continued significance of the work of the project
following completion of the award period;
[(2) where appropriate, demonstrate how funds
received under this part will be used to promote the
attainment of one or more of the National Education
Goals;
[(3) demonstrate how the applicant will address
perceptions of gender roles based on cultural
differences or stereotypes;
[(4) where appropriate, describe how funds under this
part will be used in a manner that is consistent with
programs under the School-to-Work Opportunities Act of
1994;
[(5) for applications for assistance under section
5203(b)(1), demonstrate how the applicant will foster
partnerships and, where applicable, share resources
with State educational agen-cities, local educational
agencies, institutions of higher edu-cation, community-
based organizations (including organizations serving
women), parent, teacher, and student groups, busi-
nesses or other recipients of Federal educational
funding which may include State literacy resource
centers;
[(6) for applications for assistance under section
5203(b)(1), demonstrate how parental involvement in the
project will be encouraged; and
[(7) for applications for assistance under section
5203(b)(1), describe plans for continuation of the
activities assisted under this part with local support
following completion of the grant period and
termination of Federal support under this part.
[SEC. 5205. CRITERIA AND PRIORITIES.
[(a) Criteria and Priorities.--
[(1) In general.--The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2)of section 5203(b) to ensure that
funds under this part are used for programs that most
effectively will achieve the purposes of this part.
[(2) Criteria.--The criteria described in subsection
(a) may include the extent to which the activities
assisted under this part--
[(A) address the needs of women and girls of
color and women and girls with disabilities;
[(B) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
[(C) are a significant component of a
comprehensive plan for educational equity and
compliance with title IX of the Education
Amendments of 1972 in the particular school
district, institution of higher education,
vocational-technical institution, or other
educational agency or institution; and
[(D) implement an institutional change
strategy with long-term impact that will
continue as a central activity of the applicant
after the grant under this part has terminated.
[(b) Priorities.--In approving applications under this
part, the Secretary may give special consideration to
applications--
[(1) submitted by applicants that have not received
assistance under this part or under part C of title IX
of this Act (as such part was in effect on October 1,
1988);
[(2) for projects that will contribute significantly
to directly improving teaching and learning practices
in the local community; and
[(3) for projects that will--
[(A) provide for a comprehensive approach to
enhancing gender equity in educational
institutions and agencies;
[(B) draw on a variety of resources,
including the resources of local educational
agencies, community-based organizations,
institutions of higher education, and private
organizations;
[(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this
part has terminated;
[(D) address issues of national significance
that can be duplicated; and
[(E) address the educational needs of women
and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic
origin, disability, or age.
[(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this part for each
fiscal year address--
[(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
[(2) all regions of the United States; and
[(3) urban, rural, and suburban educational
institutions.
[(d) Coordination.--Research activities supported under
this part--
[(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities
supported by the Office; and
[(2) may include collaborative research activities
which are jointly funded and carried out with the
Office of Educational Research and Improvement.
[(e) Limitation.--Nothing in this part shall be construed
as prohibiting men and boys from participating in any programs
or activities assisted with funds under this part.
[SEC. 5206. REPORT.
[The Secretary, not later than January 1, 1999, shall
submit to the President and the Congress a report on the status
of educational equity for girls and women in the Nation.
[SEC. 5207. ADMINISTRATION.
[(a) Evaluation and Dissemination.--The Secretary shall
evaluate in accordance with section 14701, and disseminate,
materials and programs developed under this part and shall
report to the Congress regarding such evaluation materials and
programs not later than January 1, 1998.
[(b) Program Operations.--The Secretary shall ensure that
the activities assisted under this part are administered within
the Department by a person who has recognized professional
qualifications and experience in the field of gender equity
education.
[SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $5,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years, of which not less than two-thirds of
the amount appropriated under this section for each fiscal year
shall be available to carry out the activities described in
section 5203(b)(1).
[PART C--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
[SEC. 5301. SHORT TITLE.
[This part may be cited as the ``School Dropout Assistance
Act''.
[SEC. 5302. PURPOSE.
[The purpose of this part is to reduce the number of
children who do not complete their elementary and secondary
education by providing grants to local educational agencies to
establish--
[(1) effective programs to identify potential student
dropouts, including pregnant and parenting teenagers,
and prevent such students from dropping out of school;
[(2) effective programs to identify and encourage
children who have already dropped out to reenter school
and complete their elementary and secondary education;
[(3) effective early intervention programs designed
to identify at-risk students in elementary and
secondary schools; and
[(4) model systems for collecting and reporting
information to local school officials on the number,
ages, sex, race or ethnicity, and grade levels of the
children not completing theirelementary and secondary
education and the reasons why such children have
dropped out of school.
[SEC 5303. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Allotment to Categories of Local Educational
Agencies.--From the amount appropriated under section 5308 for
any fiscal year, the Secretary shall first reserve not more
than $2,000,000 for the purposes of evaluating programs carried
out with assistance under this part in accordance with section
14701. From the remaining amount, the Secretary shall allot the
following percentages to each of the following categories of
local educational agencies:
[(1) Local educational agencies administering schools
with a total enrollment of 100,000 or more elementary
and secondary school students shall be allotted 25
percent of such remaining amount.
[(2) Local educational agencies administering schools
with a total enrollment of at least 20,000 but less
than 100,000 elementary and secondary school students
shall be allotted 40 percent of such remaining amount.
[(3) Local educational agencies administering schools
with a total enrollment of less than 20,000 elementary
and secondary school students shall be allotted 30
percent of such remaining amount. Grants may be made
under this paragraph to educational service agencies
and consortia of not more than 5 local educational
agencies in any case in which the total enrollment of
the largest such local educational agency is less than
20,000 elementary and secondary students. Such agencies
and consortia may also apply for assistance under this
part in conjunction with the State educational agency.
Not less than 20 percent of funds available under this
paragraph shall be awarded to local educational
agencies administering schools with a total enrollment
of less than 2,000 elementary and secondary school
students.
[(4) Community-based organizations shall be allotted
5 percent of such remaining amount. Grants under this
paragraph shall be made after consultation between the
community-based organization and the local educational
agency that is to benefit from such a grant.
[(b) Special Consideration.--
[(1) In general.--The Secretary shall give special
consideration to awarding funds available for each
category described in paragraphs (1), (2), and (3) of
subsection (a) to local educational agencies
participating in an educational partnership.
[(2) Educational partnerships.--For the purpose of
this part the term ``educational partnerships'' means a
partnership between--
[(A) a local educational agency; and
[(B) a business concern or business
organization, community-based organization,
nonprofit private organization, institution of
higher education, State educational agency,
State or local public agency, private industry
council (established under the Job Training
Partnership Act), museum, library, or
educational television or broadcasting station.
[(c) Award of Grant.--
[(1) In general.--From the amount allotted for any
fiscal year to a category of local educational agencies
under subsection (a), the Secretary shall award as many
grants as practicable within each such category to
local educational agencies and educational partnerships
whose applications have been approved by the Secretary
for such fiscal year under section 5304 and whose
applications propose a program of sufficient size,
scope, and quality to be effective.
[(2) Additional funds.--Any local educational agency
or educational partnership that has received a grant
under this part shall be eligible for additional funds
as provided under subsection (d).
[(3) Terms and conditions.--Grants under this part
shall be made under such terms and conditions as the
Secretary shall prescribe.
[(d) Use of Funds When Not Fully Allotted to Categories
Under Subsection (a).--
[(1) In general.--Whenever the Secretary determines
that the full amount of the sums allotted under any
category set forth under subsection (a) will not be
required for applications of the local educational
agencies in the case of categories described in
paragraphs (1), (2), or (3) of subsection (a), the
Secretary shall make the amount not so required
available to another category under subsection (a). In
carrying out the provisions of this subsection, the
Secretary shall assure that the transfer of amounts
from one category to another is made to a category in
which there is the greatest need for funds.
[(2) Peer review.--In order to transfer funds under
this subsection, the Secretary shall use a peer review
process to determine that such excess funds are not
needed to fund projects in particular categories and
shall prepare a list of the categories in which funds
were not fully expended and the reasons therefor, and
make such list available to local educational agencies
and educational partnerships upon request. The
Secretary may use the peer review process to determine
grant recipients of funds transferred in accordance
with this subsection.
[(e) Federal Share.--
[(1) Federal share.--The Federal share of a grant
under this part may not exceed--
[(A) 90 percent of the total cost of a
project for the first year for which the
project receives assistance under this part;
and
[(B) 75 percent of such cost in each such
succeeding fiscal year.
[(2) Remaining cost.--The remaining cost of a project
that receives assistance under this part may be paid
from any source other than funds made available under
this part, except that not more than 10 percent of the
remaining cost in any fiscal year may be provided for
Federal sources other than this part.
[(3) Non-federal share.--The share of payments from
sources other than funds made available under this part
may be in cash or in kind fairly evaluated, including
plant, equip-ment or services.
[SEC. 5404. APPLICATION.
[(a) Application Required.--
[(1) In general.--A grant under this part may be made
only to a local educational agency or an educational
partnership which submits an application to the
Secretary containing such information as may be
required by the Secretary by regulation.
[(2) Duration.--Each such application shall be for a
three-year period.
[(b) Contents.--Each such application shall--
[(1) provide documentation of--
[(A) the number of children who were enrolled
in the schools to be served by the applicant
for the five academic years prior to the date
application is made who have not completed
their elementary or secondary education and who
are classified as school dropouts; and
[(B) the percentage that such number of
children is of the total school-age population
in the applicant's schools;
[(2) include a plan for the development and
implementation of a school dropout information
collection and reporting system for documenting the
extent and nature of the dropout problem, which system
shall collect and cross tabulate data, where fea-sible,
by sex according to race or ethnicity and socioeconomic
status;
[(3) include a plan for coordinated activities
involving not less than one secondary school and its
feeder junior high or middle schools and elementary
schools for local educational agencies that have feeder
systems;
[(4) when applicable, describe how programs assisted
under this part will be coordinated with, and not
duplicate, programs assisted under title I;
[(5) include a description of how the program
assisted under this part is consistent with the second
National Education Goal, relating to school completion,
and other Federal programs as appropriate; and
[(6) contain such other information as the Secretary
considers necessary to determine the nature of the
local needs, the quality of the proposed project, and
the capability of the applicant to carry out the
project.
[(c) Priority.--The Secretary shall, in approving
applications under this section, give priority to applications
which--
[(1) demonstrate the replication of successful
programs conducted in other local educational agencies
or the expansion of successful programs within a local
educational agency; and
[(2) reflect very high numbers or very high
percentages of school dropouts in the schools of the
applicant in each category described in section
5303(a).
[(d) Special Consideration.--The Secretary shall give
additional special consideration to applications that include--
[(1) provisions which emphasize early intervention
services designed to identify at-risk students in
elementary or early sec-ondary schools; and
[(2) provisions for significant parental involvement.
[(e) Grants for New Grantees.--In awarding grants under
this part the Secretary shall use only the priorities and
special con-siderations described in subsections (c) and (d).
[(f) Continuation of Assistance.--For the two fiscal years
beginning after the date of enactment of the Improving
America's Schools Act of 1994, the Secretary shall approve an
application under this section for a local educational agency
which received funding in fiscal year 1994 under the School
Dropout Demonstration Assistance Act of 1988 (20 U.S.C. 3241 et
seq.) and which--
[(1) satisfies the requirements of this section;
[(2) qualifies for special consideration or priority
under--
[(A) section 5303(b); and
[(B) subsections (c) and (d) of this section;
and
[(3) provides evidence that the program for which
such agency is seeking assistance is effective in--
[(A) providing early intervention services to
at-risk students in elementary and secondary
schools;
[(B) identifying potential student dropouts;
and
[(C) preventing students from dropping out of
school.
[SEC. 5305. AUTHORIZED ACTIVITIES.
[Grants under this part shall be used to carry out
activities and services described in applications approved
under section 5304. In addition, grants may be used for
educational, occupational, and basic skills testing services
and activities, including--
[(1) the establishment of systemwide or school-level
policies, procedures, and plans for dropout prevention
and school reentry;
[(2) the development and implementation of
activities, including extended day or summer programs,
designed to address poor achievement, basic skills
deficiencies, language deficiencies, or course
failures, in order to assist students at risk of
dropping out of school and students reentering school,
in-cluding youth returning to school from a
correctional or other facility operated for delinquent
youth;
[(3) the establishment or expansion of work-study,
apprentice, or internship programs;
[(4) the use of resources of the community, including
con-tracting with public or private entities or
community-based organizations of demonstrated
performance, to provide services to the grant recipient
or the target population;
[(5) the evaluation and revision of program placement
of students at risk;
[(6) the evaluation of program effectiveness of
dropout pro-grams;
[(7) the development and implementation of programs
for traditionally underserved groups of students;
[(8) the implementation of activities which will
improve stu-dent motivation and the school learning
environment;
[(9) the provision of training for school personnel
on strategies and techniques designed to--
[(A) identify children at risk of dropping
out of school;
[(B) intervene in the instructional program
for such children with support and remedial
services;
[(C) develop realistic expectations for
student performance; and
[(D) improve student-staff interactions;
[(10) the study of the relationship between drugs and
school dropouts and between youth gangs and school
dropouts, and the coordination of dropout prevention
and reentry programs with appropriate drug prevention
and community organizations for the prevention of youth
gangs;
[(11) the study of the relationship between disabling
conditions and student dropouts;
[(12) the study of the relationship between the
dropout rate for gifted and talented students compared
to the dropout rate for the general student enrollment;
[(13) the use of educational telecommunications and
broadcasting technologies and educational materials
designed to extend, motivate, and reinforce school,
community, and home dropout prevention and reentry
activities;
[(14) the development and implementation of efforts
to identify and address factors in a student's decision
to drop out of school that are related to gender and
family roles, including activities and services
designed to meet the needs of pregnant and parenting
teenagers;
[(15) the provision of other educational,
occupational and testing services and activities which
directly relate to the purpose of this part;
[(16) activities which offer jobs and college
admissions for successful completion of the program for
which assistance is sought;
[(17) summer employment programs;
[(18) occupational training programs;
[(19) career opportunity and skills counseling;
[(20) job placement services;
[(21) the development of skill employment competency
testing programs;
[(22) special school staff training projects; and
[(23) mentoring programs.
[SEC. 5306. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS.
[(a) Distribution of Assistance.--The Secretary shall
ensure that, to the extent practicable, in approving grant
applications under this part--
[(1) grants are equitably distributed on a geographic
basis within each category set forth in section
5303(a);
[(2) the amount of a grant to a local educational
agency or an educational partnership for a fiscal year
is proportionate to the extent and severity of the
local school dropout problem;
[(3) not less than 30 percent of the amount available
for grants in each fiscal year is used for activities
relating to school dropout prevention; and
[(4) not less than 30 percent of the amount available
for grants in each fiscal year is used for activities
relating to persuading school dropouts to return to
school and assisting former school dropouts with
specialized services once school dropouts return to
school.
[(b) Administrative Costs.--Not more than five percent of
any grant made under this part may be used for administrative
costs.
[SEC. 5307. REPORTS.
[(a) Annual Reports.--The Secretary shall submit to the
Congress a report by January 1 of each year, beginning on
January 1, 1995, which sets forth the progress of the
Commissioner of Education Statistics, established under section
403(b) of the National Education Statistics Act of 1994, to
implement a definition and data collection process for school
dropouts in elementary and secondary schools, including
statistical information for the number and percentage of
elementary and secondary school students by gender, race, and
ethnic origin who drop out of school each year, including
dropouts--
[(1) throughout the Nation by rural and urban
location as defined by the Secretary; and
[(2) in each of the individual States and the
District of Columbia.
[(b) Recommendations.--The report under subsection (a)
shall also contain recommendations on ways in which the Federal
Government, States and localities can further support the
implementation of an effective methodology to accurately
measure school dropout and retention rates on the national,
State, and local levels.
[SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $50,000,000 for
fiscal year 1995, and such sums as may be necessary for each of
the 4 succeeding fiscal years, to carry out this part.
[TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
[SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
[(a) Findings.--The Congress finds that chapter 2 of title
I of this Act (as such chapter was in effect on the day
preceding the date of enactment of the Improving America's
Schools Act of 1994) has been successful in achieving the goals
of increasing local flexibility, reducing administrative
burden, providing services for private school students,
encouraging innovation, and contributing to the improvement of
elementary and secondary educational programs.
[(b) Statement of Purpose.--It is the purpose of programs
under this title--
[(1) to support local education reform efforts which
are consistent with and support statewide reform
efforts under Goals 2000; Educate America Act;
[(2) to support State and local efforts to accomplish
the National Education Goals;
[(3) to provide funding to enable State and local
educational agencies to implement promising education
reform programs;
[(4) to provide a continuing source of innovation,
and educational improvement, including support for
library services and instructional and media materials;
and
[(5) to meet the special educational needs of at risk
and high cost students.
[(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this title is within the State educational agencies, but
it is the intent of Congress that the responsibility be carried
out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this
title will be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because such agencies and individuals
have the most direct contact with students and are most likely
to be able to design programs to meet the educational needs of
students in their own school districts.
[SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
[(a) Authorization.--To carry out the purposes of this
title, there are authorized to be appropriated $370,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
the four succeeding fiscal years.
[(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending September 30, 1999, the Secretary
shall, in accordance with the provisions of this title, make
payments to State educational agencies for the purpose of this
title.
[SEC. 6003. DEFINITION.
[For the purposes of this title the term ``effective
schools programs'' means school-based programs that may
encompass preschool through secondary school levels and that
have the objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children and
particularly educationally disadvantaged children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
[(A) Strong and effective administrative and
instructional leadership that creates consensus on
instructional goals and organizational capacity for
instructional problem solving.
[(B) Emphasis on the acquisition of basic and higher
order skills.
[(C) A safe and orderly school environment that
allows teachers and pupils to focus their energies on
academic achievement.
[(D) A climate of expectation that virtually all
children can learn under appropriate conditions.
[(E) Continuous assessment of students and programs
to evaluate the effects of instruction.
[PART A--STATE AND LOCAL PROGRAMS
[SEC. 6101. ALLOTMENT TO STATES.
[(a) Reservations.--From the sums appropriated to carry out
this title in any fiscal year, the Secretary shall reserve not
to exceed one percent for payments to outlying areas to be
allotted in accordance with their respective needs.
[(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of one percent of such remainder.
[(c) Definitions.--For purposes of this part:
[(1) The term ``school-age population'' means the
population aged 5 through 17.
[(2) The term ``States'' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico.
[SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
[(a) Distribution Rule.--From the sums made available each
year to carry out this title, the State educational agency
shall distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private, nonprofit schools within the
school districts of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher per pupil
allocations to local educational agencies which have the
greatest numbers of percentages of children whose education
imposes a higher than average cost per child, such as--
[(1) children living in areas with high
concentrations of low-income families;
[(2) children from low-income families; and
[(3) children living in sparsely populated areas.
[(b) Calculation of Enrollments.--
[(1) In general.--The calculation of relative
enrollments under subsection (a) shall be on the basis
of the total of--
[(A) the number of children enrolled in
public school; and
[(B) the number of children enrolled in
private non-profit schools that desire that
their children participate in programs or
projects assisted under this title, for the
fiscal year preceding the fiscal year for which
the determination is made.
[(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local education agencies
to contact, on an annual basis, appropriate officials
from private non-profit schools within the areas served
by such agencies in order to determine whether such
schools desire that their children participate in
programs assisted under this part.
[(3) Adjustments.--(A) Relative enrollments under
sub-section (a) shall be adjusted, in accordance with
criteria approved by the Secretary under subparagraph
(B), to providehigher per pupil allocations only to
local educational agencies which serve the greatest
numbers or percentages of--
[(i) children living in areas with high
concentrations of low-income families;
[(ii) children from low-income families; or
[(iii) children living in sparsely populated
areas.
[(B) The Secretary shall review criteria submitted by
a State educational agency for adjusting allocations
under paragraph (1) and shall approve such criteria
only if the Secretary determines that such criteria are
reasonably calculated to produce an adjusted allocation
that reflects the relative needs within the State's
local educational agencies based on the factors set
forth in subparagraph (A).
[(c) Payment of Allocations.--
[(1) Distrubution.--From the funds paid to a State
educational agency pursuant to section 6002 for a
fiscal year, a State educational agency shall
distribute to each eligible local educational agency
which has submitted an application as required in
section 6202 the amount of such local educational
agency allocation as determined under subsection (a).
[(2) Additional funds.--(A) Additional funds
resulting from higher per pupil allocations provided to
a local educational agency on the basis of adjusted
enrollments of children described in subsection (a),
may, at the discretion of the local educational agency,
be allocated for expenditures to provide services for
children enrolled in public and private nonprofit
schools in direct proportion to the number of children
described in subsection (a) and enrolled in such
schools within the local educational agency.
[(B) In any fiscal year, any local educational agency
that elects to allocate such additional funds in the
manner described in subparagraph (A) shall allocate all
additional funds to schools within the local
educational agency in such manner.
[(C) The provisions of subparagraphs (A) and (B) may
not be construed to require any school to limit the use
of such additional funds to the provision of services
to specific students or categories of students.
[PART B--STATE PROGRAMS
[SEC. 6201. STATE USES OF FUNDS.
[(a) Authorized Activities.--A State educational agency may
use funds made available for State use under this title only
for--
[(1) State administration of programs under this
title including--
[(A) supervision of the allocation of funds
to local educational agencies;
[(B) planning, supervision, and processing of
State funds; and
[(C) monitoring and evaluation of programs
and activities under this title;
[(2) support for planning, designing, and initial
implementation of charter schools as described in part
C of title X; and
[(3) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which
assist local educational agencies to provide targeted
assistance.
[(b) Limitations and Requirements.--Not more than 25
percent of funds available for State programs under this title
in any fiscal year may be used for State administration under
subsection (a)(1).
[SEC. 6202. STATE APPLICATIONS.
[(a) Application Requirements.--Any State which desires to
receive assistance under this part shall submit to the
Secretary an application which--
[(1) designates the State educational agency as the
State agency responsible for administration and
supervision of programs assisted under this title;
[(2)(A) provides for a biennial submission of data on
the use of funds, the types of services furnished, and
the students served under this title; and
[(B) in fiscal year 1998 provides for an evaluation
of the effectiveness of programs assisted under this
title;
[(3) sets forth the allocation of such funds required
to implement section 6402;
[(4) provides that the State educational agency will
keep such records and provide such information to the
Secretary as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section);
[(5) provides assurance that, apart from technical
and advisory assistance and monitoring compliance with
this title, the State educational agency has not
exercised and will not exercise any influence in the
decisionmaking processes of local educational agencies
as to the expenditure made pursuant to an application
under section 6303;
[(6) contains assurances that there is compliance
with the specific requirements of this title; and
[(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
[(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to exceed
three years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
[(c) Audit Rule.--Local educational agencies receiving less
than an average of $5,000 each under this title shall not be
audited more frequently than once every five years.
[PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
[SEC. 6301. TARGETED USE OF FUNDS.
[(a) General Rule.--Funds made available to local
educational agencies under section 6102 shall be used for
innovative assistance described in subsection (b).
[(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) include--
[(1) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers and other school
officials regarding how to use effectively such
equipment and software;
[(2) programs for the acquisition and use of
instructional and educational materials, including
library services and materials (including media
materials), assessments, reference materials, computer
software and hardware for instructional use, and other
curricular materials which are tied to high academic
standards and which will be used to improve student
achievement and which are part of an overall education
reform program;
[(3) promising education reform projects, including
effective schools and magnet schools;
[(4) programs to improve the higher order thinking
skills of disadvantaged elementary and secondary school
students and to prevent students from dropping out of
school;
[(5) programs to combat illiteracy in the student and
adult population, including parent illiteracy;
[(6) programs to provide for the educational needs of
gifted and talented children;
[(7) school reform activities that are consistent
with the Goals 2000: Educate America Act;
[(8) planning, designing, and initial implementation
of charter schools as described in part C of title X;
and
[(9) school improvement programs or activities under
sections 1116 and 1117.
[SEC. 6302. ADMINISTRATIVE AUTHORITY.
[In order to conduct the activities authorized by this
title, each State or local educational agency may use funds
reserved for this title to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
[SEC. 6303. LOCAL APPLICATIONS.
[(a) Contents of Application.--A local educational agency
or consortium of such agencies may receive an allocation of
funds under this title for any year for which an application is
submitted to the State educational agency and such application
is certified to meet the requirements of this section. The
State educational agency shall certify any such application if
such application--
[(1)(A) sets forth the planned allocation of funds
among innovative assistance programs described in
section 6301 and describes the programs, projects, and
activities designed to carry out such innovative
assistance which the local educational agency intends
to support, together with the reasons for the selection
of such programs, projects, and activities; and
[(B) sets forth the allocation of such funds required
to implement section 6402;
[(2) describes how assistance under this title will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality
of education for students;
[(3) provide assurances of compliance with the
provisions of this title, including the participation
of children enrolled in private, nonprofit schools in
accordance with section 6402;
[(4) agrees to keep such records, and provide such
information to the State educational agency as
reasonably may be required for fiscal audit and program
evaluation, consistent with the responsibilities of the
State agency under this title; and
[(5) provides in the allocation of funds for the
assistance authorized by this title, and in the design,
planning and implementation of such programs, for
systematic consultation with parents of children
attending elementary and secondary schools in the area
served by the local educational agency, with teachers
and administrative personnel in such schools, and with
other groups involved in the implementation of this
title (such as librarians, school counselors, and other
pupil services personnel) as may be considered
appropriate by the local educational agency.
[(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed three fiscal years, may provide for the
allocation of funds to programs for a period of three years,
and may be amended annually as may be necessary to reflect
changes without filing a new application.
[(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local educational
agency shall have complete discretion in determining how funds
under this part shall be divided among the areas of targeted
assistance. In exercising such discretion, a local educational
agency shall ensure that expenditures under this part carry out
the purposes of this title and are used to meet the educational
needs within the schools of such local educational agency.
[PART D--GENERAL ADMINISTRATIVE PROVISIONS
[SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
[(a) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allocation
of funds under this part for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
[(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this part
in any fiscalyear in the exact proportion to which the
State fails to meet the requirements of paragraph (1)
by falling below 90 percent of both the fiscal effort
per student and aggregate expenditures (using the
measure most favorable to the State), and no such
lesser amount shall be used for computing the effort
required under paragraph (1) for subsequent years.
[(3) Waivers.--The Secretary may waive, for one
fiscal year only, the requirements of this section if
the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
[SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
[(a) Participation on Equitable Basis.--
[(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this title or which serves the area in which a
program or project assisted under this title is located
who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
use, such agency, after consultation with appropriate
private school officials, shall provide for the benefit
of such children in such schools secular, neutral, and
nonideological services, materials, and equipment,
including the participation of the teachers of such
children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may
be necessary for their provision (consistent with
subsection (c) of this section), or, if such services,
materials, and equipment are not feasible or necessary
in one or more such private schools as determined by
the local educational agency after consultation with
the appropriate private school officials, shall provide
such other arrangements as will assure equitable
participation of such children in the purposes and
benefits of this title.
[(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State educational agency shall make arrangements, such
as through contracts with non-profit agencies or
organizations, under which children in private schools
in such district are provided with services and
materials to the extent that would have occurred if the
local educational agency had received funds under this
title.
[(3) Application of requirements.--The requirements
of this section relating to the participation of
children, teachers, and other personnel serving such
children shall apply to programs and projects carried
out under this title by a State or local educational
agency, whether directly or through grants to or
contracts with other public or private agencies,
institutions, or organizations.
[(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with the
number of children to be served) to expenditures for programs
under this title for children enrolled in the public schools of
the local educational agency, taking into account the needs of
the individual children and other factors which relate to such
expenditures, and when funds available to a local educational
agency under this title are used to concentrate programs or
projects on a particular group, attendance area, or grade or
age level, children enrolled in private schools who are
included within the group, attendance area, or grade or age
level selected for such concentration shall, after consultation
with the appropriate private school officials, be assured
equitable participation in the purposes and benefits of such
programs or projects.
[(c) Funds.--
[(1) Administration of funds and property.--The
control of funds provided under this title, and title
to materials, equipment, and property repaired,
remodeled, or constructed with such funds, shall be in
a public agency for the uses and purposes provided in
this title, and a public agency shall administer such
funds and property.
[(2) Provision of services.--The provision of
services pursuant to this title shall be provided by
employees of a public agency or through contract by
such public agency with a person, an association,
agency, or corporation who or which, in the provision
of such services, is independent of such private school
and of any religious organizations, and such employment
or contract shall be under the control and supervision
of such public agency, and the funds provided under
this title shall not be commingled with State or local
funds.
[(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local education agency is
prohibited from providing for the participation in programs of
children enrolled in private elementary and secondary schools,
as required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
[(e) Waiver and Provision of Services.--
[(1) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of
services to such children through arrangements which
shall be subject to the requirements of this section.
[(2) Withholding of allocation.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection or
subsection (d), the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
[(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the Secretary
determines that there will no longer be any failure or
inability on the part of the State or local educational agency
to meet the requirements of subsections (a) and (b).
[(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this title.
[(h) Review.--
[(1) Written objections.--The Secretary shall not
take any final action under this section until the
State educational agency and the local educational
agency affected by such action have had an opportunity,
for not less than 45 days after receiving written
notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee
to show cause why that action should not be taken.
[(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
[(3) Remand to secretary.--The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive; but the court, for good cause
shown may remand the case to the Secretary to take
further evidence and the Secretary may make new or
modified findings of fact and may modify the
Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new
or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
[(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
[(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
title, apply to programs under this title.
[SEC. 6403. FEDERAL ADMINISTRATION.
[(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this title.
[(b) Rulemaking.--The Secretary shall issue regulations
under this title only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this title.
[(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this title shall become available for
obligation of July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.
[TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
[PART A--BILINGUAL EDUCATION
[SEC. 7101. SHORT TITLE.
[This part may be cited as the ``Bilingual Education Act''.
[SEC. 7102. FINDINGS, POLICY, AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) language-minority Americans speak virtually all
world languages plus many that are indigenous to the
United States;
[(2) there are large and growing numbers of children
an youth of limited-English proficiency, many of whom
have a cultural heritage that differs from that of
their English-proficient peers;
[(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
[(4) many language-minority Americans are limited in
their English proficiency, and many have limited
education and income;
[(5) limited English proficient children and youth
face a number of challenges in receiving an education
that will enable such children and youth to participate
fully in American society, including--
[(A) segregated education programs;
[(B) disproportionate and improper placement
in special education and other special programs
due to the use of inappropriate evaluation
procedures;
[(C) the limited-English proficiency of their
own parents, which hinders the parents' ability
to fully participate in the education of their
children; and
[(D) a shortage of teachers and other staff
who are professionally trained and qualified to
serve such children and youth;
[(6) Native Americans and Native American languages
(as such terms are defined in section 103 of the Native
AmericanLanguages Act), including native residents of
the outlying areas, have a unique status under Federal
law that requires special policies within the broad
purposes of this Act to serve the education needs of
language minority students in the United States;
[(7) institutions of higher education can assist in
preparing teachers, administrators and other school
personnel to understand and build upon the educational
strengths and needs of language-minority and culturally
diverse student enrollments;
[(8) it is the purpose of this title to help ensure
that limited English proficient students master English
and develop high levels of academic attainment in
content areas;
[(9) quality bilingual education programs enable
children and youth to learn English and meet high
academic standards including proficiency in more than
one language;
[(10) as the world becomes increasingly
interdependent and as international communication
becomes a daily occurrence in government, business,
commerce, and family life, multilingual skills
constitute and important national resource which
deserves protection and development;
[(11) educational technology has the potential for
improving the education of language-minority and
limited English proficient students and their families,
and the Federal Government should foster this
development;
[(12) parent and community participation in bilingual
education programs contributes to program
effectiveness;
[(13) research, evaluation, and data-collection
capabilities in the field of bilingual education need
to be strengthened so that educators and other staff
can better identify and promote those programs, program
implementation strategies, and instructional practices
that result in effective education of limited English
proficient children;
[(14) the use of a child or youth's native language
and culture in classroom instruction can--
[(A) promote self-esteem and contribute to
academic achievement and learning English by
limited English proficient children and youth;
[(B) benefit English-proficient children and
youth who also participate in such programs;
and
[(C) develop our Nation's national language
resources, thus promoting our Nation's
competitiveness in the global economy;
[(15) the Federal Government, as exemplified by title
VI of the Civil Rights Act of 1964 and section 204(f)
of the Equal Education Opportunities Act of 1974, has a
special and continuing obligation to ensure that States
and local school districts take appropriate action to
provide equal educational opportunities to children and
youth of limited English proficiency; and
[(16) the Federal Government also, as exemplified by
the Federal Government's efforts under this title, has
a special and continuing obligation to assist States
and local school districts in developing the capacity
to provide programs of instruction that offer limited
English proficient children and youth an equal
educational opportunity.
[(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education and community-based
organizations to build their capacity to establish, implement,
and sustain programs of instruction for children and youth of
limited English proficiency.
[(c) Purpose.--The purpose of this part is to educate
limited English proficient children and youth to meet the same
rigorous standards for academic performance expected of all
children and youth, including meeting challenging State content
standards and challenging State student performance standards
in academic areas by--
[(1) developing systemic improvement and reform of
educational programs serving limited English proficient
students through the development and implementation of
exemplary bilingual education programs and special
alternative instruction programs;
[(2) developing bilingual skills and multicultural
under standing;
[(3) developing the English of such children and
youth and, to the extent possible, the native language
skills of such children and youth;
[(4) providing similar assistance to Native Americans
with certain modifications relative to the unique
status of Native American languages under Federal law;
[(5) developing data collection and dissemination,
research, materials development, and technical
assistance which is focused on school improvement for
limited English proficient students; and
[(6) developing programs which strengthen and improve
the professional training of educational personnel who
work with limited English proficient students.
[SEC. 7103 AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--For the purpose of carrying out this
part, there are authorized to be appropriated $215,000,000 for
the fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
[(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall reserve
not less than 25 percent of such funds for each year to carry
out subpart 3.
[SEC. 7104. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL
[(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by elementary,
secondary and postsecondary schools operated predominately for
Native American or Alaska Native children and youth, an Indian
tribe, a tribally sanctioned educational authority, a Native
Hawaiian or Native American Pacific Islander native language
education organization, or an elementary or secondary school
that is operatedor funded by the Bureau of Indian Affairs shall
be considered to be a local educational agency as such term is
used in this part, subject to the following qualifications:
[(1) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village
or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services
provided by the United States to Indians because of
their status as Indians.
[(2) Tribally sanctioned educational authority.--The
term ``tribally sanctioned educational authority''
means--
[(A) any department or division of education
operating within the administrative structure
of the duly constituted governing body of an
Indian tribe; and
[(B) any nonprofit institution or
organization that is--
[(i) chartered by the governing body
of an Indian tribe to operate any such
school or otherwise to oversee the
delivery of educational services to
members of that tribe; and
[(ii) approved by the Secretary for
the purpose of this section.
[(b) Eligibility Entity Application.--Notwithstanding any
other provision of this part, each eligible entity described in
subsection (a) shall submit any application for assistance
under this part directly to the Secretary along with timely
comments on the need for the proposed program.
[SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED NATIONS.
[For the purpose of carrying out programs under this part
in the outlying areas, the term ``local educational agency''
shall include public institutions or agencies whose mission is
the preservation and maintenance of native languages.
[Subpart 1--Bilingual Education Capacity and Demonstration Grants
[SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.
[The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections
7112, 7113, 7114, and 7115 to--
[(1) develop and enhance their capacity to provide
high-quality instruction through bilingual education or
special alternative instruction programs to children
and youth of limited English proficiency; and
[(2) to help such children and youth--
[(A) develop proficiency in English, and to
the extent possible, their native language; and
[(B) meet the same challenging State content
standards and challenging State student
performance standards expected for all children
and youth as required by section 1111(b).
[SEC. 7112 PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
[(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited English proficient students, including
programs of early childhood education, kindergarten through
twelfth grade education, gifted and talented education, and
vocational and applied technology education.
[(b) Program Authorized.--
[(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraph (2).
[(B) Each grant under this section shall be awarded
for a period of three years.
[(2) Authorized activities.--(A) Grants awarded under
this section shall be used to improved the education of
limited English proficient students and their families
by--
[(i) developing and implementing
comprehensive preschool, elementary, or
secondary bilingual education or special
alternative instructional programs that are
coordinated with other relevant programs and
services to meet the full range of educational
needs of limited English proficient students;
and
[(ii) providing inservice training to
classroom teachers, administrators, and other
school or community-based organizational
personnel to improve the instruction and
assessment of language-minority and limited
English proficient students.
[(B) Grants under this section may be used to improve
the education of limited English proficient students
and their families by--
[(i) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
[(ii) improving the instructional program for
limited English proficient students by
identifying, acquiring, and upgrading
curriculum, instructional materials,
educational software and assessment procedures
and, if appropriate, applying educational
technology;
[(iii) compensating personnel, including
teacher aides who have been specifically
trained, or are being trained, to provide
services to children and youth of limited
English proficiency;
[(iv) providing tutorials and academic or
career counseling for children and youth of
limited-English proficiency; and
[(v) providing such other activities, related
to the purposes of this part, as the Secretary
may approve.
[(c) Eligible Entity.--For the purpose of this section the
term ``eligible entity'' means--
[(1) one or more local educational agencies;
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization or local or State
educational agency; or
[(3) a community-based organization or an institution
of higher education which has an application approved
by the local educational agency to develop and
implement early childhood education or family education
programs or to conduct an instructional program which
supplements the educational services provided by a
local educational agency.
[(d) Due Consideration.--In awarding grants under this
section, the Secretary shall give due consideration to the need
for early childhood education, elementary education, and
secondary education programs.
[SEC. 7113. PROGRAM ENHANCEMENT PROJECTS.
[(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to expand
or enhance existing bilingual education or special alternative
instructional programs for limited English proficient students.
[(b) Program Authorized.--
[(1) Authorized.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraph (2).
[(B) Each grant under this section shall be awarded
for a period of two years.
[(2) Authorized activities.--(A) Grants under this
section shall be used for providing inservice training
to classroom teachers, administrators, and other school
or community-based organization personnel to improve
the instruction and assessment of language-minority and
limited English proficient students.
[(B) Grants under this section may be used for--
[(i) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
[(ii) improving the instructional program for
limited English proficient students by
identifying , acquiring, and upgrading
curriculum, instructional materials,
educational software and assessment procedures
and, if appropriate, applying educational
technology;
[(iii) compensating personnel, including
teacher aides who have been specifically
trained, or are being trained, to provide
services to children and youth of limited-
English proficiency;
[(iv) providing tutorials and academic or
career counseling for children and youth of
limited-English proficiency;
[(v) providing intensified instruction; and
[(vi) providing such other activities,
related to the purposes of this part, as the
Secretary may approve.
[(c) Eligible Entity.--For the purpose of this section the
term ``eligible entity'' means--
[(1) one or more local educational agencies;
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization or local or State
educational agency; or
[(3) a community-based organization or an institution
of higher education which has an application approved
by the local educational agency to enhance early
childhood education or family education programs or to
conduct an instructional program which supplements the
educational services provided by a local educational
agency.
[SEC. 7114. COMPREHENSIVE SCHOOL GRANTS.
[(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible entities to implement
schoolwide bilingual education programs or special alternative
instruction programs for reforming, restructuring, and
upgrading all relevant programs and operations, within an
individual school, that serve all (or virtually all) children
and youth of limited-English proficiency in schools with
significant concentrations of such children and youth.
[(b) Program Authorized.--
[(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraph (3).
[(B) Each grant under this section shall be awarded
for five years.
[(2) Termination.--The Secretary shall terminate
grants to eligible entities under this section if the
Secretary determines that--
[(A) the program evaluation required by
section 7123 indicates that students in the
schoolwide program are not being taught to and
are not making adequate progress toward
achieving challenging State content standards
and challenging State student performance
standards; or
[(B) in the case of a program to promote dual
language facility, such program is not
promoting such facility.
[(3) Authorized activities.--Grants under this
section may be used to improve the education of limited
English proficient students and their families by--
[(A) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
[(B) improving the instructional program for
limited English proficient students by
identifying, acquiring and upgrading
curriculum, instructional materials,
educational software and assessment procedures
and, if appropriate, applying educational
technology;
[(C) compensating personnel, including
teacher aides who have been specifically
trained, or are being trained, toprovide
services to children and youth of limited
English proficiency;
[(D) providing tutorials and academic or
career counseling for children and youth of
limited-English proficiency;
[(E) providing intensified instruction; and
[(F) providing such other activities, related
to the purposes of this part, as the Secretary
may approve.
[(4) Special rule.--A grant recipient, before
carrying out a program assisted under this section,
shall plan, train personnel, develop curriculum, and
acquire or develop materials.
[(c) Eligible Entities.--For the purpose of this section
the term ``eligible entity'' means--
[(1) one or more local educational agencies; or
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organizations or a local or State
educational agency.
[SEC. 7115. SYSTEMWIDE IMPROVEMENT GRANTS
[(a) Purpose.--The purpose of this section is to implement
districtwide bilingual education programs or special
alternative instruction programs to improve, reform, and
upgrade relevant programs and operations, within an entire
local educational agency, that serve a significant number of
children and youth of limited English proficiency in local
educational agencies with significant concentrations of such
children and youth.
[(b) Program Authorized.--
[(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraphs (3) and
(4).
[(B) Each grant under this section shall be awarded
for 5 years.
[(2) Termination.--The Secretary shall terminate
grants to eligible entities under this section if the
Secretary determines that--
[(A) the program evaluation required by
section 7123 indicates that students in the
program are not being taught to and are not
making adequate progress toward achieving
challenging State content standards and
challenging State student performance
standards; or
[(B) in the case of a program to promote dual
language facility, such program is not
promoting such facility.
[(3) Preparation.--Grants under this section may be
used during the first 12 months exclusively for
activities preparatory to the delivery of services.
[(4) Uses.--Grants under this section may be used to
improve the education of limited English proficient
students and their families by reviewing,
restructuring, and upgrading--
[(A) educational goals, curriculum guidelines
and content, standards and assessments;
[(B) personnel policies and practices
including recruitment, certification, staff
development, and assignment;
[(C) student grade-promotion and graduation
requirements;
[(D) student assignment policies and
practices;
[(E) family education programs and parent
outreach and training activities designed to
assist parents to become active participants in
the education of their children;
[(F) the instructional program for limited
English proficient students by identifying,
acquiring and upgrading curriculum,
instructional materials, educational software
and assessment procedures and, if appropriate,
applying educational technology;
[(G) tutorials and academic or career
counseling for children and youth of limited-
English proficiency; and
[(H) such other activities, related to the
purpose of this part, as the Secretary may
approve.
[(c) Eligible Entities.--For the purpose of this section
the term ``eligible entity'' means--
[(1) one or more local educational agencies; or
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organizations or a local or State
educational agency.
[SEC. 7116. APPLICATIONS.
[(a) In General.--
[(1) Secretary.--To receive a grant under this
subpart, an eligible entity shall submit an application
to the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
[(2) State educational agency.--An eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of its application
under this section to the State educational agency.
[(b) State Review and Comments.--
[(1) Deadline.--The State educational agency, not
later than 45 days after receipt of an application
under this section, shall review the application and
transmit such application to the Secretary.
[(2) Comments.--(A) Regarding any application
submitted under this title, the State educational
agency shall--
[(i) submit to the Secretary written comments
regarding all such applications; and
[(ii) submit to each eligible entity the
comments that pertain to such entity.
[(B) For purposes of this subpart, such comments
shall address how the eligible entity--
[(i) will further the academic achievement of
limited English proficient students served
pursuant to a grant received under this
subpart; and
[(ii) how the grant application is consistent
with the State plan submitted under section
1111.
[(c) Eligible Entity Comments.--An eligible entity may
submit to the Secretary comments that address the comments
submitted by the State educational agency.
[(d) Comment Consideration.--In making grants under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
[(e) Waiver.--Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement of subsection (b)
if a State educational agency can demonstrate that such review
requirement may impede such agency's ability to fulfill the
require-ments of participation in the State grant program,
particularly such agency's data collection efforts and such
agency's ability to provide technical assistance to local
educational agencies not receiving funds under this Act.
[(f) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed pro-gram.
[(g) Contents.--
[(1) In general.--An application for a grant under
this subpart shall contain the following:
[(A) A description of the need for the
proposed program, including data on the number
of children and youth of limited-English
proficiency in the school or school district to
be served and the characteristics of such
children and youth, such as language spoken,
dropout rates, proficiency in English and the
native language, academic standing in relation
to the English-proficient peers of such
children and youth, and, where applicable, the
recency of immigration.
[(B) A description of the program to be
implemented and how such program's design--
[(i) relates to the linguistic and
academic needs of the children and
youth of limited-English proficiency to
be served;
[(ii) is coordinated with other
programs under this Act, the Goals
2000: Educate America Act and other
Acts, as appropriate, in accordance
with section 14306;
[(iii) involves the parents of the
children and youth of limited-English
proficiency to be served;
[(iv) ensures accountability in
achieving high aca-demic standards; and
[(v) promotes coordination of
services for the chil-dren and youth of
limited-English proficiency to be
served and their families.
[(C) A description, if appropriate, of the
applicant's col-laborative activities with
institutions of higher education, community-
based organizations, local or State educational
agencies, private schools, nonprofit
organizations, or busi-nesses in carrying out
the proposed program.
[(D) An assurance that the applicant will not
reduce the level of State and local funds that
the applicant expends for bilingual education
or special alternative instruction programs if
the applicant receives an award under this
subpart.
[(E) An assurance that the applicant will
employ teach-ers in the proposed program that,
individually or in com-bination, are proficient
in English, including written, as well as oral,
communication skills.
[(F) A budget for grant funds.
[(2) Additional information.--Each application for a
grant under section 7114 or 7115 shall--
[(A) describe--
[(i) current services the applicant
provides to chil-dren and youth of
limited-English proficiency;
[(ii) what services children and
youth of limited-English proficiency
will receive under the grant that such
children or youth will not otherwise
receive;
[(iii) how funds received under this
subpart will be integrated with all
other Federal, State, local, and pri-
vate resources that may be used to
serve children and youth of limited-
English proficiency;
[(iv) specific achievement and school
retention goals for the children and
youth to be served by the proposed
program and how progress toward
achieving such goals will be measured;
and
[(v) current family education
programs if applica-ble; and
[(B) provide assurances that--
[(i) the program funded will be
integrated with the overall educational
program; and
[(ii) the application has been
developed in consulta-tion with an
advisory council, the majority of whose
members are parents and other
representatives of the children and
youth to be served in such programs.
[(h) Approval of Applications.--An application for a grant
under this subpart may be approved only if the Secretary deter-
mines that--
[(1) the program will use qualified personnel,
including per-sonnel who are proficient in the language
or languages used for instruction;
[(2) in designing the program for which application
is made, the needs of children in nonprofit private
elementary and sec-ondary schools have been taken into
account through consulta-tion with appropriate private
school officials and, consistent with the number of
such children enrolled in such schools in the area to
be served whose educational needs are of the type and
whose language and grade levels are of a similar type
to those which the program is intended to address,
after consulta-tion with appropriate private school
officials, provision has been made for the
participation of such children on a basis comparable to
that provided for public school children;
[(3) student evaluation and assessment procedures in
the program are valid, reliable, and fair for limited
English proficient students, and that limited English
proficient students who are disabled are identified and
served in accordance with the requirements of the
Individuals with Disabilities Education Act;
[(4) Federal funds made available for the project or
activity will be used so as to supplement the level of
State and local funds that, in the absence of such
Federal funds, would havebeen expended for special
programs for children of limited English proficient
individuals and in no case to supplant such State and
local funds, except that nothing in this paragraph
shall be construed to preclude a local educational
agency from using funds under this title for activities
carried out under an order of a court of the United
States or of any State respecting services to be
provided such children, or to carry out a plan approved
by the Secretary as adequate under title VI of the
Civil Rights Act of 1964 with respect to services to be
provided such children;
[(5) the assistance provided under the application
will contribute toward building the capacity of the
applicant to provide a program on a regular basis,
similar to that proposed for assistance, which will be
of sufficient size, scope, and quality to promise
significant improvement in the education of students of
limited-English proficiency, and that the applicant
will have the resources and commitment to continue the
program when assistance under this subpart is reduced
or no longer available; and
[(6) the applicant provides for utilization of the
State and national dissemination sources for program
design and in dissemination of results and products.
[(i) Priorities and Special Rules.--
[(1) Priority.--The Secretary shall give priority to
applications which provide for the development of
bilingual proficiency both in English and another
language for all participating students.
[(2) Special alternative instructional program.--
Grants for special alternative instructional programs
under this subpart shall not exceed 25 percent of the
funds provided for any type of grant under any section,
or of the total funds provided, under this subpart for
any fiscal year.
[(3) Special rule.--Notwithstanding paragraph (2),
the Secretary may award grants under this subpart for
special alternative instructional programs if an
applicant has demonstrated that the applicant cannot
develop and implement a bilingual education program for
the following reasons:
[(A) Where the diversity of the limited
English proficient students' native languages
and the small number of students speaking each
respective language makes bilingual education
impractical.
[(B) Where, despite documented efforts, the
applicant has not been able to hire qualified
instructional personnel who are able to
communicate in the students' native language.
[(4) Consideration.--In approving applications under
this subpart, the Secretary shall give consideration to
the degree to which the program for which assistance is
sought involves the collaborative efforts of
institutions of higher education, community-based
organizations, the appropriate local and State
educational agency, or businesses.
[(5) Due consideration.--The Secretary shall give due
consideration to applications providing training for
personnel participating in or preparing to participate
in the program which will assist such personnel in
meeting State and local certification requirements and
that, to the extent possible, describe how college or
university credit will be awarded for such training.
[SEC. 7117. INTENSIFIED INSTRUCTION.
[In carrying out this subpart, each grant recipient may
intensify instruction for limited English proficient students
by--
[(1) expanding the educational calendar of the school
in which such student is enrolled to include programs
before and after school and during the summer months;
[(2) expanding the use of professional and volunteer
aids;
[(3) applying technology to the course of
instruction; and
[(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities,
during times when school is not routinely in session.
[SEC. 7118. CAPACITY BUILDING.
[Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient's capacity to
continue to offer high-quality bilingual and special
alternative education programs and services to children and
youth of limited-English proficiency once Federal assistance is
reduced or eliminated.
[SEC. 7119. SUBGRANTS.
[A local educational agency that receives a grant under
this subpart may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a nonprofit organization, or a consortium of
such entities to carry out an approved program, including a
program to serve out-of-school youth.
[SEC. 7120. PRIORITY ON FUNDING.
[The Secretary shall give priority to applications under
this subpart that describe a program that--
[(1) enrolls a large percentage or large number of
limited English proficient students;
[(2) takes into account significant increases in
limited English proficient children and youth,
including such children and youth in areas with low
concentrations of such children and youth; and
[(3). ensures that activities assisted under this
subpart address the needs of school systems of all
sizes and geographic areas, including rural and urban
schools.
[SEC. 7121. COORDINATION WITH OTHER PROGRAMS.
[In order to secure the most flexible and efficient use of
Federal funds, any State receiving funds under this subpart
shall coordinate its program with other programs under this
Act, the Goals 2000: Educate America Act, and other Acts, as
appropriate, in accordance with section 14306.
[SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
[Programs authorized under this part that serve Native
American children, Native Pacific Island children, and children
in the Commonwealth of Puerto Rico, notwithstanding any other
provisionof this part, may include programs of instruction,
teacher training, curriculum development, evaluation, and
testing designed for Native American children and youth
learning and studying Native American languages and children
and youth of limited-Spanish proficiency, except that one
outcome of such programs serving Native American children shall
be increased English proficiency among such children.
[SEC. 7123. EVALUATIONS.
[(a) Evaluation.--Each recipient of funds under this
subpart shall provide the Secretary with an evaluation, in the
form prescribed by the Secretary, of such recipient's program
every two years.
[(b) Use of Evaluation.--Such evaluation shall be used by a
grant recipient--
[(1) for program improvement;
[(2) to further define the program's goals and
objectives; and
[(3) to determine program effectiveness.
[(c) Evaluation Components.--Evaluations shall include--
[(1) how students are achieving the State student
performance standards, if any, including data comparing
children and youth of limited-English proficiency with
nonlimited English proficient children and youth with
regard to school retention, academic achievement, and
gains in English (and, where applicable, native
language) proficiency;
[(2) program implementation indicators that provide
information for informing and improving program
management and effectiveness, including data on
appropriateness of curriculum in relationship to grade
and course requirements, appropriateness of program
management, appropriateness of the program's staff
professional development, and appropriateness of the
language of instruction;
[(3) program context indicators that describe the
relationship of the activities funded under the grant
to the overall school program and other Federal, State,
or local programs serving children and youth of limited
English proficiency; and
[(4) such other information as the Secretary may
require.
[SEC. 7124. CONSTRUCTION.
[Nothing in this part shall be construed to prohibit a
local educational agency from serving limited English
proficient children and youth simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[Subpart 2--Research, Evaluation, and Dissemination
[SEC. 7131. AUTHORITY.
[(a) In General.--The Secretary is authorized to conduct
data collection, dissemination, research, and ongoing program
evaluation activities in accordance with the provisions of this
subpart for the purpose of improving bilingual education and
special alternative instruction programs for children and youth
of limited English proficiency.
[(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported
through competitive grants, contracts and cooperative
agreements awarded institutions of higher education, nonprofit
organizations, and State and local educational agencies.
[(c) Administration.--The Secretary shall conduct data
collection, dissemination, and ongoing program evaluation
activities authorized by this subpart through the Office of
Bilingual Education and Minority Language Affairs.
[SEC. 7132. RESEARCH.
[(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Office of
Educational Research and Improvement in coordination and
collaboration with the Office of Bilingual Education and
Minority Language Affairs.
[(b) Requirements.--Such research activities--
[(1) shall have a practical application to teachers,
counselors, paraprofessionals, school administrators,
parents, and others involved in improving the education
of limited English proficient students and their
families;
[(2) may include research on effective instructional
practices for multilingual classes, and on effective
instruction strategies to be used by teachers and other
staff who do not know the native language of a limited
English proficient child or youth in their classrooms;
[(3) may include establishing (through the National
Center for Education Statistics in consultation with
experts in bilingual education, second language
acquisition, and English-as-a-second-language) a common
definition of ``limited English proficient student''
for purposes of national data collection; and
[(4) shall be administered by individuals with
expertise in bilingual education and the needs of
limited English proficient students and their families.
[(c) Field-Initiated Research.--
[(1) In general.--The Secretary shall reserve not
less than 5 percent of the funds made available to
carry out this section for field-initiated research
conducted by current or recent recipients of grants
under subpart 1 or 2 who have received such grants
within the previous five years. Such research may
provide for longitudinal studies of students or
teachers in bilingual education, monitoring the
education of such students from entry in bilingual
education through secondary school completion.
[(2) Applications.--Applicants for assistance under
this subsection may submit an application for such
assistance to the Secretary at the same time as
applications are submitted under subpart 1 or 2. The
Secretary shall complete a review of such applications
on a timely basis to allow research and program grants
to be coordinated when recipients are awarded two or
more such grants.
[(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchersand practitioners to identify
areas of study and activities to be funded under this section.
[(e) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited English proficient
students as part of the data systems operated by the
Department.
[SEC. 7133. ACADEMIC EXCELLENCE AWARDS.
[(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, State and local
educational agencies, nonprofit organizations, and institutions
of higher education to promote the adoption and implementation
of bilingual education, special alternative instruction
programs, and professional development programs that
demonstrate promise of assisting children and youth of limited
English proficiency to meet challenging State standards.
[(b) Applications.--
[(1) In general.--Each entity desiring an award under
this section shall submit an application to the
Secretary in such forms, at such time, and containing
such information and assurances as the Secretary may
reasonably require.
[(2) Peer review.--The Secretary shall use a peer
review process, using effectiveness criteria that the
Secretary shall establish to review applications under
this section.
[(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education agencies
to provide high quality academic programs for children and
youth of limited English proficiency, which may include--
[(1) completing the development of such programs;
[(2) professional development of staff participating
in bilingual education programs;
[(3) sharing strategies and materials; and
[(4) supporting professional networks.
[(d) Coordination.--Recipients of funds under this section
shall coordinate the activities assisted under this section
with activities carried out by comprehensive regional
assistance centers assisted under part A of title XIII.
[SEC. 7134. STATE GRANT PROGRAM.
[(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that demonstrates
to the satisfaction of the Secretary, that such agency, through
such agency's own programs and other Federal education
programs, effectively provides for the education of children
and youth of limited English proficiency within the State.
[(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not exceed 5 percent of the
total amount awarded to local educational agencies within the
State under subpart 1 for the previous fiscal year, except that
in no case shall the amount paid by the Secretary to any State
educational agency under this subsection for any fiscal year be
less than $100,000.
[(c) Use of Funds.--
[(1) In general.--A State educational agency shall
use funds awarded under this section for programs
authorized by this section to--
[(A) assist local educational agencies in the
State with program design, capacity building,
assessment of student performance, and program
evaluation; and
[(B) collect data on the State's limited
English proficient populations and the
educational programs and services available to
such populations.
[(2) Exeception.--States which do not, as of the date
of enactment of the Improving America's Schools Act of
1994, have in place a system for collecting the data
described in subparagraph (B) of paragraph (1) for all
students in such State, are not required to meet the
requirement of such subparagraph. In the event such
State develops a system for collecting data on the
educational programs and services available to all
students in the State, then such State shall comply
with the requirement of paragraph (1)(B).
[(3) Training.--The State educational agency may also
use funds provided under this section for training of
State educational agency personnel in educational
issues affecting limited English proficient children
and youth.
[(4) Special rule.--Recipients of funds under this
section shall not restrict the provision of services
under this section to federally funded programs.
[(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals or
organizations involved in the development or operation of
programs serving limited English proficient children or youth
to ensure that such funds are use in a manner consist with the
requirements of this title.
[(e) Applications.--A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
[(f) Supplement Not Supplant.-- Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent practical,
to increase to the level of funds that would, in the absence of
such funds, be made available by the State for the purposes
described in this section, and in no case to supplant such
funds.
[(g) Report to the Secretary.--State educational agencies
receiving awards under this section shall provide for the
annual submission of a summary report to the Secretary
describing such State's use of such funds.
[SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
[(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for Bilingual
Education, which shall collect, analyze, synthesize, and
disseminate information about bilingual education and related
programs.
[(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
[(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system of clearinghouses supported by
the Office of Educational Research and Improvement;
[(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks
and systems;
[(3) develop a data base management and monitoring
system for improving the operation and effectiveness of
federally funded bilingual education programs; and
[(4) develop, maintain, and disseminate, through
comprehensive regional assistance centers described in
part A of title XIII if appropriate, a listing by
geographical area of education professionals, parents,
teachers, administrators, community members and others
who are native speakers of languages other than English
for use as a resource by local educational agencies and
schools in the development and implementation of
bilingual education programs.
[SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.
[The Secretary may provide grants for the development,
publication, and dissemination of high-quality instructional
materials in Native American and Native Hawaiian languages and
the language of Native Pacific Islanders and natives of the
outlying areas for which instructional materials are not
readily available. The Secretary shall give priority to the
development of instructional materials in languages indigenous
to the United States or the outlying areas. The Secretary shall
also accord priority to applications for assistance under this
section which provide for developing and evaluating materials
in collaboration with activities assisted under subparts 1 and
2 and which are consistent with voluntary national content
standards and challenging State content standards.
[Subpart 3--Professional Development
[SEC. 7141. PURPOSE.
[The purpose of this subpart is to assist in preparing
educators to improve the educational services for limited
English proficient children and youth by supporting
professional development programs and the dissemination of
information on appropriate instructional practices for such
children and youth.
[SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.
[(a) Purpose.--The purpose of this section is to provide
for the incorporation of courses and curricula on appropriate
and effective instructional and assessment methodologies,
strategies and resources specific to limited English proficient
students into preservice and inservice professional development
programs for teachers, pupil services personnel, administrators
and other education personnel in order to prepare such
individuals to provide effective services to limited English
proficient students.
[(b) Authorization.--
[(1) Authority.--The Secretary is authorized to award
grants to institutions of higher education, local
educational agencies, and State educational agencies or
to nonprofit organizations which have entered into
consortia arrangements with one of such institutions or
agencies.
[(2) Duration.--Each grant under this section shall
be awarded for a peroid of not more than five years.
[(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with other programs such as programs
authorized under titles I and II of this Act, and under the
Head Start Act.
[SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.
[(a) Purpose.--The purpose of this section is to provide
for--
[(1) preservice and inservice professional
development for bilingual education teachers,
administrators, public services personnel, and other
educational personnel who are either involved in, or
preparing to be involved in, the provision of
educational services for children and youth of limited-
English proficiency; and
[(2) national professional development institutes
that assist schools or department of education in
institutions of higher education to improve the quality
of professional development programs for personnel
serving, preparing to serve, or who may serve, children
and youth of limited-English proficiency.
[(b) Priority.--The Secretary shall give priority in
awarding grants under this section to institutions of higher
education, in consortia with local or State educational
agencies, that offer degree programs which prepare new
bilingual education teachers in order to increase the
availability of educators to provide high-quality education to
limited English proficient students.
[(c) Authorization.--
[(1) The Secretary is authorized to award grants for
not more than five years to institutions of higher
education which have entered into consortia
arrangements with local or State educational agencies
to achieve the purposes of this section.
[(2) The Secretary is authorized to make grants for
not more than five years to State and local educational
agencies for inservice professional development
programs.
[SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
[(a) Purpose.--The purpose of this section is--
[(1) to upgrade the qualifications and skills of
noncertified educational personnel, especially
educational paraprofessionals, to meet high
professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited English
proficient students through collaborative training
programs operated by institutions of higher education
and local and State educational agencies; and
[(2) to help recruit and train secondary school
students as bilingual education teachers and other
educational personnel to serve limited English
proficient students.
[(b) Authorization.--
[(1) In general.--The Secretary is authorized to
award grants for bilingual education career ladder
programs to institutions of higher education applying
in consortia with local or State educational agencies,
which consortia any include community-based
organizations or professional education organizations.
[(2) Duration.--Each grant under this section shall
be awarded for a period of not more than five years.
[(c) Permissive Activities.--Grants awarded under this
section may be used--
[(1) for the development of bilingual education
career ladder program curricula appropriate to the need
of the consortium participants;
[(2) to provide assistance for stipends and costs
related to tuition, fees and books for enrolling in
courses required to complete the degree and
certification requirements to become bilingual
education teachers; and
[(3) for programs to introduce secondary school
students to careers in bilingual education teaching
that are coordinated with other activities assisted
under this section.
[(d) Special Consideration.--The Secretary shall give
special consideration to applications under this section which
provide for--
[(1) participant completion of baccalaureate and
master's degree teacher education programs, and
certification requirements and may include effective
employment placement activities;
[(2) development of teacher proficiency in English a
second language, including demonstrating proficiency in
the instructional use of English and, as appropriate, a
second language in classroom contexts;
[(3) coordination with the Federal TRIO programs
under chapter 1 of part A of title IV of the Higher
Education Act of 1965, the National Mini Corps under
subpart 1 of part F of title V of such Act, the Teacher
Corps program under subpart 3 of part C of title V of
such Act, and the National Community and Service Trust
Act of 1993 programs, and other programs for the
recruitment and retention of bilingual students in
secondary and postsecondary programs to train to become
bilingual educators; and
[(4) the applicant's contribution of additional
student financial aid to participating students.
[SEC. 7145. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM.
[(a) Authorization.--
[(1) In general.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related
to instruction of children and youth of limited-English
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation
research related to such study.
[(2) Number.--For fiscal year 1994 not less than 500
fellowships leading to a master's or doctorate degree
shall be awarded under this section.
[(3) Information.--The Secretary shall include
information on the operation and the number of
fellowships awarded under the fellowship program in the
evaluation required under section 7149.
[(b) Fellowship Requirements.--
[(1) In general.--Any person receiving a fellowship
under this section shall agree to--
[(A) work in an activity related to the
program or in an activity such as an activity
authorized under this part, including work as a
bilingual education teacher, for a period of
time equivalent to the period of time during
which such person receives assistance under
this section; or
[(B) repay such assistance.
[(2) Regulations.--The Secretary shall establish in
regulations such terms and conditions for such
agreement as the Secretary deems reasonable and
necessary and may waive the requirement of paragraph
(1) in extraordinary circumstances.
[(c) Priority.--In awarding fellowships under this section
the Secretary may give priority to institutions of higher
education that demonstrate experience in assisting fellowship
recipients find employment in the field of bilingual education.
[SEC. 7146. APPLICATION.
[(a) In general.--
[(1) Secretary.--To receive an award under this
subpart, an eligible entity shall submit an application
to the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
[(2) Consultation and assessment.--Each such
application shall contain a description of how the
applicant has consulted with, and assessed the needs
of, public and private schools serving children and
youth of limited-English proficiency to determine such
school's need for, and the design of, the program for
which funds are sought.
[(3) Special rule.--(A) An application for a grant
under subsection (a) from an applicant who proposes to
conduct a master's- or doctoral-level program with
funds received under this section shall provide an
assurance that such program will include, as a part of
the program, a training practicum in a local school
program serving children and youth of limited-English
proficiency.
[(B) A recipient of a grant under subsection (a) may
waive the requirement of a training practicum for a
degree candidate with significant experience in a local
school program serving children and youth of limited-
English proficiency.
[(4) State educational agency.--An eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of the application
under this subsection to the State educational agency.
[(b) State Review and Comments.--
[(1) Deadline.--The State educational agency, not
later than 45 days after receipt of such application
copy, shall review the application and transmit such
application to the Secretary.
[(2) Comments.--(A) Regarding any application
submitted under this subpart, the State educational
agency shall--
[(i) submit to the Secretary written comments
regarding all such applications; and
[(ii) submit to each eligible entity the
comments that pertain to such entity.
[(B) For purposes of this subpart, comments shall
address how the eligible entity--
[(i) will further the academic achievement of
limited English proficient students served
pursuant to a grant received under this
subpart; and
[(ii) how the grant application is consistent
with the State plan submitted under section
1111.
[(3) Waiver.--Notwithstanding paragraphs (1) and (2),
the Secretary is authorized to waive the review
requirement if a State educational agency can
demonstrate that such review requirement may impede
such agency's ability to fulfill the requirements of
participation in the State grant program, particularly
such agency's data collection efforts and such agency's
ability to provide technical assistance to local
educational agencies not receiving funds under this
Act.
[(c) Eligible Entity Comments.--An eligible entity may
submit to the Secretary comments that address the comments
submitted by the State educational agency.
[(d) Comment Consideration.--In making awards under this
subpart the Secretary shall take into consideration comments
made by a State educational agency.
[(e) Special Rule.--
[(1) Outreach and technical assistance.--The
Secretary shall provide for outreach and technical
assistance to institutions of higher education eligible
for assistance under title III of the Higher Education
Act of 1965 and institutions of higher education that
are operated or funded by the Bureau of Indian Affairs
to facilitate the participation of such institutions in
activities under this part.
[(2) Distribution rule.--In making awards under this
subpart, the Secretary, consistent with subsection (d),
shall ensure adequate representation of Hispanic-
serving institutions that demonstrate competence and
experience in the programs and activities authorized
under this subpart and are otherwise qualified.
[SEC. 7147. PROGRAM REQUIREMENTS.
[Activities conducted under this subpart shall assist
educational personnel in meeting State and local certification
requirements for bilingual education and, wherever possible,
shall lead toward the awarding of college or university credit.
[SEC. 7148. STIPENDS.
[The Secretary shall provide for the payment of such
stipends (including allowances for subsistence and other
expenses for such persons and their dependents), as the
Secretary determines to be appropriate, to persons
participating in training programs under this subpart.
[SEC. 7149. PROGRAM EVALUATIONS.
[Each recipient of funds under this subpart shall provide
the Secretary with an evaluation of the program assisted under
this subpart every two years. Such evaluation shall include
data on--
[(1) post-program placement of persons trained in a
program assisted under this subpart;
[(2) how the training relates to the employment of
persons served by the program;
[(3) program completion; and
[(4) such other information as the Secretary may
require.
[SEC. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.
[Awards under this subpart may be used to develop a program
participant's competence in a second language for use in
instructional programs.
[Subpart 4--Transition
[SEC. 7161. SPECIAL RULE.
[Notwithstanding any other provision of law, no recipient
of a grant under title VII of this Act (as such title was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) shall be eligible for
fourth- and fifth-year renewals authorized by section
7021(2)(1)(C) of such title (as such section was in effect on
the day preceding the date of enactment of such Act).
[PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM
[SEC. 7201. SHORT TITLE.
[This part may be cited as the ``Foreign Language
Assistance Act of 1994''.
[SEC. 7202. FINDINGS.
[The Congress finds as follows:
[(1) Foreign language proficiency is crucial to our
Nation's economic competitiveness and national
security. Significant improvement in the quantity and
quality of foreign language instruction offered in our
Nation's elementary and secondary schools is necessary.
[(2) All Americans need a global perspective. To
understand the world around us, we must acquaint
ourselves with the languages, cultures, and history of
other nations.
[(3) Proficiency in two or more languages should be
promoted for all American students. Multilingualism
enchances cognitive and social growth, competitiveness
in the global marketplace, national security, and
understanding of diverse people and cultures.
[(4) The United States lags behind other developed
countries in offering foreign language study to
elementary and secondary school students.
[(5) Four out of five new jobs in the United States
are created from foreign trade.
[(6) The optimum time to begin learning a second
language is in elementary school, when children have
the ability to learn and excel in several foreign
language acquisition skills, including pronunciation,
and when children are most open to appreciating and
valuing a culture other than their own.
[(7) Foreign language study can increase childrens'
capacity for critical and creative thinking skills and
children who study a second language show greater
cognitive development in areas such as mental
flexibility, creativity, tolerance, and higher order
thinking skills.
[(8) Children who have studied a foreign language in
elementary school achieve expected gains and score
higher on standardized tests of reading, language arts,
and mathematics than children who have not studied a
foreign language.
[SEC. 7203. PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--The Secretary shall make grants, on
a competitive basis, to State educational agencies or
local educational agencies to pay the Federal share of
the cost of innovative model programs providing for the
establishment, improvement or expansion of foreign
language study for elementary and secondary school
students.
[(2) Duration.--Each grant under paragraph (1) shall
be awarded for a period of three years.
[(b) Requirements.--
[(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
[(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
[(A) show the promise of being continued
beyond the grant period;
[(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
[(C) may include a professional development
component.
[(c) Federal Share.--
[(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
[(2) Waiver.--The Secretary may waive the requirement
of paragraph (1) for any local educational agency which
the Secretary determines does not have adequate
resources to pay the non-Federal share of the cost of
the activities assisted under this part.
[(3) Special rule.--Not less than three-fourths of
the funds appropriated under section 7206 shall be used
for the expansion of foreign language learning in the
elementary grades.
[(4) Reservation.--The Secretary may reserve not more
than 5 percent of funds appropriated under section 7206
to evaluate the efficacy of programs under this part.
[SEC. 7204. APPLICATIONS.
[(a) In General.--Any State educational agency or local
educational agency desiring a grant under this part shall
submit an application to the Secretary at such time, in such
form, and containing such information and assurances as the
Secretary may require.
[(b) Special Consideration.--The Secretary shall give
special consideration to applications describing programs
that--
[(1) include intensive summer foreign language
programs for professional development;
[(2) link non-native English speakers in the
community with the schools in order to promote two-way
language learning; or
[(3) promote the sequential study of a foreign
language for students, beginning in elementary schools.
[SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
[(a) Incentive Payments.--From amounts appropriated under
section 7206 the Secretary shall make an incentive payment for
each fiscal year to each public elementary school that provides
to students attending such school a program designed to lead to
communicative competency in a foreign language.
[(b) Amount.--The Secretary shall determine the amount of
the incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
[(c) Requirement.--The Secretary shall consider a program
to be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language not less than four days per week throughout an
academic year.
[SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $35,000,000 for
the fiscal year 1995, and such sums as may be necessary for
each of the four succeeding fiscal years, to carry out this
part, of which not more than $20,000,000 may be used in each
fiscal year to carry out section 7205.
[PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM
[SEC. 7301. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) the education of our Nation's children and youth
is one of the most sacred government responsibilities;
[(2) local educational agencies have struggled to
fund adequately education services;
[(3) in the case of Plyler v. Doe, the Supreme Court
held that States have a responsibility under the Equal
Protection Clause of the Constitution to educate all
children, regardless of immigration status; and
[(4) immigration policy is solely a responsibility of
the Federal Government.
[(b) Purpose.--The purpose of this part is to assist
eligible local educational agencies that experience
unexpectedly large increases in their student population due to
immigration to--
[(1) provide high-quality instruction to immigrant
children and youth; and
[(2) help such children and youth--
[(A) with their transition into American
society; and
[(B) meet the same challenging State
performance standards expected of all children
and youth.
[SEC. 7302. STATE ADMINISTRATIVE COSTS.
[For any fiscal year, a State educational agency may
reserve not more than 1.5 percent of the amount allocated to
such agency under section 7304 to pay the costs of performing
such agency's administrative functions under this part.
[SEC. 7303. WITHHOLDING.
[Whenever the Secretary, after providing reasonable notice
and opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
provision of this part, the Secretary shall notify that agency
that further payments will not be made to the agency under this
part, or in the discretion of the Secretary, that the State
educational agency shall not make further payments under this
part to specified local educational agencies whose actions
cause or are involved in such failure until the Secretary is
satisfied that there is no longer any such failure to comply.
Until the Secretary is so satisfied, no further payments shall
be made to the State educational agency under this part, or
payments by the State educational agency under this part shall
be limited to local educational agencies whose actions did not
cause or were not involved in the failure, as the case may be.
[SEC. 7304. STATE ALLOCATIONS.
[(a) Payments.--The Secretary shall, in accordance with the
provisions of this section, make payments to State educational
agencies for each of the fiscal years 1995 through 1999 for the
purpose set forth in section 7301(b).
[(b) Allocations.--
[(1) In general.--Exept as provided in subsections
(c) and (d), of the amount appropriated for each fiscal
year for this part, each State participating in the
program assisted under this part shall receive an
allocation equal to the proportion of such State's
number of immigrant children and youth who are enrolled
in public elementary or secondary schools under the
jurisdiction of each local educational agency described
in paragraph (2) within such State, and in nonpublic
elementary or secondary schools within the district
served by each such local educational agency, relative
to the total number of immigrant children and youth so
enrolled in all the States participating in the program
assisted under this part.
[(2) Eligible local educational agencies.--The local
educational agencies referred to in paragraph (1) are
those local educational agencies in which the sum of
the number of immigrant children and youth who are
enrolled in public elementary or secondary schools
under the jurisdiction of such agencies, and in
nonpublic elementary or secondary schools within the
districts served by such agencies, during the fiscal
year for which the payments are to be made under this
part, is equal to--
[(A) at least 500; or
[(B) at least 3 percent of the total number
of students enrolled in such public or
nonpublic schools during such fiscal year,
whichever number is less.
[(c) Determinations of Number of Children and Youth.--
[(1) In general.--Determinations by the Secretary
under this section for any period with respect to the
number of immigrant children and youth shall be made on
the basis of data or estimates provided to the
Secretary by each State educational agency in
accordance with criteria established by the Secretary,
unless the Secretary determines, after notice and
opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
[(2) Special rule.--No such determination with
respect to the number of immigrant children and youth
shall operate because of an underestimate or
overestimate to deprive any State educational agency of
the allocation under this section that such State would
otherwise have received had such determination been
made on the basis of accurate data.
[(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out the
purpose for which the payment was made, the Secretary shall
make such amount available for carrying out such purpose to one
or more other States to the extent the Secretary determines
that such other States will be able to use such additional
amount for carrying out such purpose. Any amount made available
to a State from any appropriation for a fiscal year in
accordance with the preceding sentence shall, for purposes of
this part, be regarded as part of such State's payment (as
determined under subsection (b)) for such year, but shall
remain available until the end of the succeeding fiscal year.
[(e) Reservation of Funds.--
[(1) In general.--Not withstanding any other
provision of this part, if the amount appropriated to
carry out this part exceeds $50,000,000 for a fiscal
year, a State educational agency may reserve not more
than 20 percent of such agency's payment under this
part for such year to award grants, on a competitive
basis, to local educational agencies within the State
as follows:
[(A) At least one-half of such grants shall
be made available to eligible local educational
agencies (as described in subsection (b)(2))
within the State with the highest numbers and
percentages of immigrant children and youth.
[(B) Funds reserved under this paragraph and
not made available under subparagraph (A) may
be distributed to local educational agencies
within the State experiencing a sudden influx
of immigrant children and youthwhich are
otherwise not eligible for assistance under
this part.
[(2) Use of grant funds.--Each local educational
agency receiving a grant under paragraph (1) shall use
such grant funds to carry out the activities described
in section 7307.
[(3) Information.--Local educational agencies with
the highest number of immigrant children and youth
receiving funds under paragraph (1) may make
information available on serving immigrant children and
youth to local educational agencies in the State with
sparse numbers of such children.
SEC. 7305. STATE APPLICATIONS.
[(a) Submission.--No State educational agency shall receive
any payment under this part for any fiscal year unless such
agency submits an application to the Secretary at such time, in
such man-ner, and containing or accompanied by such information
as the Secretary may reasonably require. Each such application
shall--
[(1) provide that the educational programs, services,
and activities for which payments under this part are
made will be administered by or under the supervision
of the agency;
[(2) provide assurances that payments under this part
will be used for purposes set forth in sections 7301
and 7307, in-cluding a description of how local
educational agencies receiv-ing funds under this part
will use such funds to meet such pur-poses and will
coordinate with other programs assisted under this Act,
the Goals 2000: Educate America Act, and other Acts as
appropriate;
[(3) provide an assurance that local educational
agencies re-ceiving funds under this part will
coordinate the use of such funds with programs assisted
under part A or title I;
[(4) provide assurances that such payments with the
excep-tion of payments reserved under section 7304(e),
will be dis-tributed among local educational agencies
within that State on the basis of the number of
immigrant children and youth counted with respect to
each such local educational agency under section
7304(b)(1);
[(5) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this part
without first affording the local educational agency
submitting an application for such funds reasonable
notice and opportunity for a hearing;
[(6) provide for making such reports as the Secretary
may reasonably require to perform the Secretary's
functions under this part;
[(7) provide assurances--
[(A) that to the extent consistent with the
number of immigrant children and youth enrolled
in the nonpublic elementary or secondary
schools within the district served by a local
educational agency, such agency, after
consultation with appropriate officials of such
schools, shall provide for the benefit of such
children and youth secular, neutral, and
nonideological services, materials, and
equipment nec-essary for the education of such
children and youth;
[(B) that the control of funds provided under
this part to any materials, equipment, and
property repaired, remodeled, or constructed
with those funds shall be in a public agency
for the uses and purposes provided in this
part, and a public agency shall administer such
funds and property; and
[(C) that the provision of services pursuant
to this paragraph shall be provided by
employees of a public agency or through
contract by such public agency with a person,
association, agency, or corporation who or
which, in the provision of such services, is
independent of such nonpublic elementary or
secondary school and of any religious
organization, and such employment or contract
shall be under the control and supervision of
such public agency, and the funds provided
under this paragraph shall not be commingled
with State or local funds;
[(8) provide that funds reserved under subsection (e)
of sec-tion 7304 be awarded on a competitive basis
based on merit and need in accordance with such
subsection; and
[(9) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section 1120(b).
[(b) Application Review.--
[(1) In general.--The Secretary shall review all
applications submitted pursuant to this section by
State educational agencies.
[(2) Approval.--The Secretary shall approve any
application submitted by a State educational agency
that meets the requirements of this section.
[(3) Disapproval.--The Secretary shall disapprove any
application submitted by a State educational agency
which does not meet the requirements of this section,
but shall not finally disapprove an application except
after providing reasonable no-tice, technical
assistance, and an opportunity for a hearing to the
State.
[SEC. 7306. ADMINISTRATIVE PROVISIONS.
[(a) Notification of Amount.--The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 7305 of the
amount of such agency's allocation under section 7304 for the
succeeding year.
[(b) Services to Children Enrolled in Nonpublic Schools.--
If by reason of any provision of law a local educational agency
is prohibited from providing educational services for children
enrolled in elementary and secondary nonpublic schools, as
required by section 7305(a)(7), or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable
basis of children enrolled in such schools, the Secretary may
waive such requirement and shall arrange for the provision of
services, subject to the requirements of this part, to such
children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in
accordance with the provisions of title I.
[SEC. 7307. USES OF FUNDS.
[(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
[(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
[(2) salaries of personnel, including teacher aides
who have been specifically trained, or are being
trained to provide services to immigrant children and
youth;
[(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
[(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program;
[(5) basis instructional services which are directly
attributable to the presence in the school district of
immigrant children, including the costs of providing
additional classroom supplies, overhead costs, costs of
construction, acquisition or rental of space, costs of
transportation, or such other costs as are directly
attributable to such additional basic instructional
services; and
[(6) such other activities, related to the purposes
of this part, as the Secretary may authorize.
[(b) Consortia.--A local educational agency that receives a
grant under this part may collaborate or form a consortium with
one or more local educational agencies, institutions of higher
education, and nonprofit organizations to carry out the program
described in an application approved under this part.
[(c) Subgrants.--A local educational agency that receives a
grant under this part may, with the approval of the Secretary
make a subgrant to, or enter into a contract with, an
institution of higher education, a nonprofit organization, or a
consortium of such entities to carry out a program described in
an application approved under this part, including a program to
serve out-of-school youth.
[(d) Construction.--Nothing in this part shall be construed
to prohibit a local educational agency from serving immigrant
children simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
[SEC. 7308. REPORTS.
[(a) Biennial Report.--Each State educational agency
receiving funds under this part shall submit, once every two
years, a report to the Secretary concerning the expenditure of
funds by local educational agencies under this part. Each local
educational agency receiving funds under this part shall submit
to the State educational agency such information as may be
necessary for such report.
[(b) Report to Congress.--The Secretary shall submit, once
every two years, a report to the appropriate committees of the
Congress concerning programs assisted under this part in
accordance with section 14701.
[SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
[PART D--ADMINISTRATION
[SEC. 7401. RELEASE TIME.
[The Secretary shall allow professional development
programs funded under part A to use funds provided under part A
for professional release time to enable individuals to
participate in programs assisted under part A.
[SEC. 7402. EDUCATION TECHNOLOGY.
[Funds made available under part A may be used to provide
for the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and communications,
and incorporation of such resources in curricula and programs
such as those funded under this title.
[SEC. 7403. NOTIFICATION.
[The State educational agency, and when applicable, the
State board for postsecondary education, shall be notified
within three working days of the date an award under part A is
made to an eligible entity within the State.
[SEC. 7404. CONTINUED ELIGIBILITY.
[Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title, the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants under this title.
[SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.
[(a) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited-English proficiency, the
Secretary shall coordinate and ensure close cooperation with
other programs serving language-minority and limited English
proficient students that are administered by the Department and
other agencies. The Secretary shall consult with the Secretary
of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General and the heads of
other relevant agencies to identify and eliminate barriers to
appropriate coordination of programs that affect language-
minority and limited English proficient students and their
families. The Secretary shall provide for continuing
consultation and collaboration, between the Office and relevant
programs operated by the Department, including programs under
title I and other programs under this Act, in planning,
contracts, providing joint technical assistance, providing
joint field monitoring activities and in other relevant
activities to ensure effective programcoordination to provide
high quality education opportunities to all language-minority
and limited English proficient students.
[(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall include
the collection and reporting of data on limited English
proficient students.
[(c) Publication of Proposals.--The Secretary shall publish
and disseminate all requests for proposals for programs funded
under part A.
[(d) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to the
Secretary and to the Committee on Labor and Human Resources of
the Senate and to the Committee on Education and Labor of the
House of Representatives a report on--
[(1) the activities carried out under this title and
the effectiveness of such activities in improving the
education provided to limited English proficient
children and youth;
[(2) a critical synthesis of data reported by the
States pursuant to section 7134;
[(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be
needed for the succeeding five fiscal years;
[(4) the major findings of research carried out under
this title; and
[(5) recommendations for further developing the
capacity of our Nation's schools to educate effectively
limited English proficient students.
[PART E--GENERAL PROVISIONS
[SEC. 7501. DEFINITIONS; REGULATIONS.
[Except as otherwise provided, for purposes of this title--
[(1) Bilingual education program.--The term
``bilingual education program'' means an educational
program for limited English proficient students that--
[(A) makes instructional use of both English
and a student's native language;
[(B) enables limited English proficient
students to achieve English proficiency and
academic mastery of subject matter content and
higher order skills, including critical
thinking, so as to meet age-appropriate grade-
promotion and graduation standards in concert
with the National Education Goals;
[(C) may also develop the native language
skills of limited English proficient students,
or ancestral languages of American Indians,
Alaska Natives, Native Hawaiians and native
residents of the outlying areas; and
[(D) may include the participation of
English-proficient students if such program is
designed to enable all enrolled students to
become proficient in English and a second
language.
[(2) Children and youth.--The term ``children and
youth'' means individuals aged 3 through 21.
[(3) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness or
Indian tribe or tribally sanctioned educational
authority which is representative of a community or
significant segments of a community and which provides
educational or related services to individuals in the
community. Such term includes Native Hawaiian
organizations including Native Hawaiian Educational
Organizations as such term is defined in section 4009
of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments
of 1988 (20 U.S.C. 4901 et seq.), as such Act was in
effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994.
[(4) Community college.--The term ``community
college'' means an institution of higher education as
defined in section 101 of the Higher Education Act of
1965 which provides not less than a two-year program
which is acceptable for full credit toward a bachelor's
degree, including institutions receiving assistance
under the Tribally Controlled Community College
Assistance Act of 1978.
[(5) Director.--The term ``Director'' means the
Director of the Office of Bilingual Education and
Minority Languages Affairs established under section
210 of the Department of Education Organization Act.
[(6) Family education program.--(A) The term ``family
education program'' means a bilingual education or
special alternative instructional program that--
[(i) is designed--
[(I) to help limited English
proficient adults and out-of-school
youths achieve proficiency in the
English language; and
[(II) to provide instruction on how
parents and family members can
facilitate the educational achievement
of their children;
[(ii) when feasible, uses instructional
programs such as the models developed under the
Even Start Family Literacy Programs, which
promote adult literacy and train parents to
support the educational growth of their
children and the Parents as Teachers Program
and the Home Instruction Program for Preschool
Youngsters; and
[(iii) gives preference to participation by
parents and immediate family members of
children attending school.
[(B) Such term may include programs that provide
instruction to facilitate higher education and
employment outcomes.
[(7) Immigrant children and youth.--The term
``immigrant children and youth'' means individuals
who--
[(A) are aged 3 through 21;
[(B) were not born in any State; and
[(C) have not been attending one or more
schools in any one or more States for more than
three full academic years.
[(8) Limited english proficiency and limited english
proficient.--The terms ``limited English proficiency''
and ``limitedEnglish proficient'', when used with
reference to an individual, mean an individual--
[(A) who--
[(i) was not born in the United
States or whose native language is a
language other than English and comes
from an environment where a language
other than English is dominant; or
[(ii) is a Native American or Alaska
Native or who is a native resident of
the outlying areas and comes from an
environment where a language other than
English has had a significant impact on
such individual's level of English
language proficiency; or
[(iii) is migratory and whose native
language is other than English and
comes from an environment where a
language other than English is
dominant; and
[(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language and whose difficulties may deny such
individual the opportunity to learn
successfully in classrooms where the language
of instruction is English or to participate
fully in our society.
[(9) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' shall have the same meaning give such terms
in section 103 of the Native American Languages Act of
1990.
[(10) Native hawaiian or native american pacific
islander native language educational organization.--The
term ``Native Hawaiian or Native American Pacific
Islander native language educational organization''
means a nonprofit organization with a majority of its
governing board and employees consisting of fluent
speakers of the traditional Native American languages
used in their educational programs and with not less
than five years successful experience in providing
educational services in traditional Native American
languages.
[(11) Native language.--The term ``native language'',
when used with reference to an individual of limited-
English proficiency, means the language normally used
by such individual, or in the case of a child or youth,
the language normally used by the parents of the child
or youth.
[(12) Office.--The term ``Office'' means the Office
of Bilingual Education and Minority Languages Affairs.
[(13) Other programs for persons of limited-english
proficiency.--The term ``other programs for persons of
limited-English proficiency'' means any programs
administered by the Secretary that serve persons of
limited-English proficiency.
[(14) Paraprofessional.--The term
``paraprofessional'' means an individual who is
employed in preschool, elementary or secondary school
under the supervision of a certified or licensed
teacher, including individuals employed in bilingual
education, special education and migrant education.
[(15) Special alternative instructional program.--The
term ``special alternative instructional program''
means an educational program for limited English
proficient students that--
[(A) utilizes specially designed English
language curricula and services but does not
use the student's native language for
instructional purposes;
[(B) enables limited English proficient
students to achieve English proficiency and
academic mastery of subject matter content and
higher order skills, including critical
thinking so as to meet age-appropriate grade-
promotion and graduation standards in concert
with the National Education Goals; and
[(C) is particularly appropriate for schools
where the diversity of the limited English
proficient students' native languages and the
small number of students speaking each
respective language makes bilingual education
impractical and where there is a critical
shortage of bilingual education teachers.
[SEC. 7502. REGULATIONS AND NOTIFICATION.
[(a) Regulation Rule.--In developing regulations under this
title, the Secretary shall consult with State and local
educational agencies, organizations representing limited
English proficient individuals, and organizations representing
teachers and other personnel involved in bilingual education.
[(b) Parental Notification.--
[(1) In general.--Parents of children and youth
participating in programs assisted under part A shall
be informed of--
[(A) a student's level of English
proficiency, how such level was assessed, the
status of a student's academic achievement and
the implications of a student's educational
strengths and needs for age and grade
appropriate academic attainment, promotion, and
graduation;
[(B) what programs are available to meet the
student's educational strengths and needs and
how the programs differ in content and
instructional goals, and in the case of a
student with a disability, how the program
meets the objectives of a student's
individualized education program; and
[(C) the instructional goals of the bilingual
education or special alternative instructional
program, and how the program will specifically
help the limited English proficient student
acquire English and meet age-appropriate
standards for grade-promotion and graduation,
including--
[(i) the benefits, nature, and past
academic results of the bilingual
educational program and of the
instructional alternatives; and
[(ii) the reasons for the selection
of their child as being in need of
bilingual education.
[(2) Option to decline.--(A) Such parents shall also
be informed that such parents have the option of
declining enrollment of their children and youth in
such programs and shall be given an opportunity to so
decline if such parents so choose.
[(B) A local educational agency shall not be relieved
of any of its obligations under title VI of the Civil
Rights Act of 1964because parents choose not to enroll
their children in bilingual education programs.
[(3) Receipt of information.--Such parents shall
receive, in a manner and form understandable to such
parents, including, if necessary and to the extent
feasible, in the native language of such parents, the
information required by this subsection. At a minimum,
such parents shall receive--
[(A) timely information about projects funded
under part A; and
[(B) if the parents of participating children
so desire, notice of opportunities for regular
meetings for the purpose of formulating and
responding to recommendations from such
parents.
[(4) Special rule.--Students shall not be admitted to
or excluded from any federally assisted education
program merely on the basis of a surname or language-
minority status.
TITLE V--PUBLIC SCHOOL CHOICE AND FLEXIBILITY
PART A--PUBLIC SCHOOL CHOICE
Subpart 1--Charter Schools
SEC. 5111. PURPOSE.
It is the purpose of this subpart to increase national
understanding of the charter schools model by--
(1) providing financial assistance for the planning,
program design and initial implementation of charter
schools;
(2) evaluating the effects of such schools, including
the effects on students, student achievement, staff,
and parents; and
(3) expanding the number of high-quality charter
schools available to students across the Nation.
SEC. 5112. PROGRAM AUTHORIZED.
(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 5113 to enable such agencies to conduct a charter
school grant program in accordance with this subpart.
(b) Special Rule.--If a State educational agency elects not
to participate in the program authorized by this subpart or
does not have an application approved under section 5113, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 5113(c).
(c) Program Periods.--
(1) Grants to states.--Grants awarded to State
educational agencies under this subpart shall be
awarded for a period of not more than 3 years.
(2) Grants to eligible applicants.--Grants awarded by
the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this subpart shall be awarded for a
period of not more than 3 years, of which the eligible
applicant may use--
(A) not more than 18 months for planning and
program design;
(B) not more than 2 years for the initial
implementation of a charter school; and
(C) not more than 2 years to carry out
dissemination activities described in section
5114(f)(6)(B).
(d) Limitation.--A charter school may not receive--
(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
(e) Priority Treatment.--
(1) In general.--In awarding grants under this
subpart for fiscal year 2002 or any succeeding fiscal
year from any funds appropriated under section 5121,
the Secretary shall give priority to States to the
extent that the States meet the criteria described in
paragraph (2) and one or more of the criteria described
in subparagraph (A), (B), or (C) of paragraph (3).
(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) is that the State
provides for periodic review and evaluation by the
authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the school's
charter, and is meeting or exceeding the academic
performance requirements and goals for charter schools
as set forth under State law or the school's charter.
(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
(A) The State has demonstrated progress, in
increasing the number of high quality charter
schools that are held accountable in the terms
of the schools' charters for meeting clear and
measurable objectives for the educational
progress of the students attending the schools,
in the period prior to the period for which a
State educational agency or eligible applicant
applies for a grant under this subpart.
(B) The State--
(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
(ii) in the case of a State in which
local educational agencies are the only
authorized public chartering agencies,
allows for an appeals process for the
denial of an application for a charter
school.
(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
(f) Amount Criteria.--In determining the amount of a grant to
be awarded under this subpart to a State educational agency,
the Secretary shall take into consideration the number of
charter schools that are operating, or are approved to open, in
the State.
SEC. 5113. APPLICATIONS.
(a) Applications From State Agencies.--Each State educational
agency desiring a grant from the Secretary under this subpart
shall submit to the Secretary an application at such time, in
such manner, and containing or accompanied by such information
as the Secretary may require.
(b) Contents of a State Educational Agency Application.--Each
application submitted pursuant to subsection (a) shall--
(1) describe the objectives of the State educational
agency's charter school grant program and a description
of how such objectives will be fulfilled, including
steps taken by the State educational agency to inform
teachers, parents, and communities of the State
educational agency's charter school grant program; and
(2) describe how the State educational agency--
(A) will inform each charter school in the
State regarding--
(i) Federal funds that the charter
school is eligible to receive; and
(ii) Federal programs in which the
charter school may participate;
(B) will ensure that each charter school in
the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
(A) a description of the educational program
to be implemented by the proposed charter
school, including--
(i) how the program will enable all
students to meet challenging State
student performance standards;
(ii) the grade levels or ages of
children to be served; and
(iii) the curriculum and
instructional practices to be used;
(B) a description of how the charter school
will be managed;
(C) a description of--
(i) the objectives of the charter
school; and
(ii) the methods by which the charter
school will determine its progress
toward achieving those objectives;
(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
(E) a description of how parents and other
members of the community will be involved in
the planning, program design and implementation
of the charter school;
(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
(G) a request and justification for waivers
of any Federal statutory or regulatory
provisions that the applicant believes are
necessary for the successful operation of the
charter school, and a description of any State
or local rules, generally applicable to public
schools, that will be waived for, or otherwise
not apply to, the school;
(H) a description of how the subgrant funds
or grant funds, as appropriate, will be used,
including a description of how such funds will
be used in conjunction with other Federal
programs administered by the Secretary;
(I) a description of how students in the
community will be--
(i) informed about the charter
school; and
(ii) given an equal opportunity to
attend the charter school;
(J) an assurance that the eligible applicant
will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in
subparagraph (C)(i);
(K) an assurance that the applicant will
cooperate with the Secretary and the State
educational agency in evaluating the program
assisted under this subpart;
(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 5112(c)(2)(C), a description of
those activities and how those activities will
involve charter schools and other public
schools, local educational agencies,
developers, and potential developers; and
(N) such other information and assurances as
the Secretary and the State educational agency
may require.
(c) Contents of Eligible Applicant Application.--Each
eligible applicant desiring a grant pursuant to section 5112(b)
shall submit an application to the State educational agency or
Secretary, respectively, at such time, in such manner, and
accompanied by such information as the State educational agency
or Secretary, respectively, may reasonably require.
(d) Contents of Application.--Each application submitted
pursuant to subsection (c) shall contain--
(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears; and
(2) assurances that the State educational agency--
(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
(B) will assist each subgrantee in the State
in receiving a waiver under section 5114(e).
SEC. 5114. ADMINISTRATION.
(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies
under this subpart on the basis of the quality of the
applications submitted undersection 5113(b), after taking into
consideration such factors as--
(1) the contribution that the charter schools grant
program will make to assisting educationally
disadvantaged and other students to achieving State
content standards and State student performance
standards and, in general, a State's education
improvement plan;
(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
(3) the ambitiousness of the objectives for the State
charter school grant program;
(4) the quality of the strategy for assessing
achievement of those objectives;
(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
(6) the number of high quality charter schools
created under this subpart in the State; and
(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under section 5112(c)(2)(C), the quality of
those activities and the likelihood that those
activities will improve student achievement.
(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
subpart on the basis of the quality of the applications
submitted under section 5113(c), after taking into
consideration such factors as--
(1) the quality of the proposed curriculum and
instructional practices;
(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local
educational agency to the charter school;
(3) the extent of community support for the
application;
(4) the ambitiousness of the objectives for the
charter school;
(5) the quality of the strategy for assessing
achievement of those objectives;
(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under section 5112(c)(2)(C), the quality of
those activities and the likelihood that those
activities will improve student achievement.
(c) Peer Review.--The Secretary, and each State educational
agency receiving a grant under this subpart, shall use a peer
review process to review applications for assistance under this
subpart.
(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this subpart, shall
award subgrants under this subpart in a manner that, to the
extent possible, ensures that such grants and subgrants--
(1) are distributed throughout different areas of the
Nation and each State, including urban and rural areas;
and
(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
5120(1), if--
(1) the waiver is requested in an approved
application under this subpart; and
(2) the Secretary determines that granting such a
waiver will promote the purpose of this subpart.
(f) Use of Funds.--
(1) State educational agencies.--Each State
educational agency receiving a grant under this subpart
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this subpart, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this subpart.
(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this subpart may
use the grant or subgrant funds only for--
(A) post-award planning and design of the
educational program, which may include--
(i) refinement of the desired
educational results and of the methods
formeasuring progress toward achieving
those results; and
(ii) professional development of
teachers and other staff who will work
in the charter school; and
(B) initial implementation of the charter
school, which may include--
(i) informing the community about the
school;
(ii) acquiring necessary equipment
and educational materials and supplies;
(iii) acquiring or developing
curriculum materials; and
(iv) other initial operational costs
that cannot be met from State or local
sources.
(4) Administrative expenses.--Each State educational
agency receiving a grant pursuant to this subpart may
reserve not more than 5 percent of such grant funds for
administrative expenses associated with the charter
school grant program assisted under this subpart.
(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this subpart may
reserve not more than 10 percent of the grant amount
for the establishment of a revolving loan fund. Such
fund may be used to make loans to eligible applicants
that have received a subgrant under this subpart, under
such terms as may be determined by the State
educational agency, for the initial operation of the
charter school grant program of such recipient until
such time as the recipient begins receiving ongoing
operational support from State or local financing
sources.
(6) Dissemination.--
(A) In general.--A charter school may apply
for funds under this subpart, whether or not
the charter school has applied for or received
funds under this subpart for planning, program
design, or implementation, to carry out the
activities described in subparagraph (B) if the
charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
(i) substantial progress in improving
student achievement;
(ii) high levels of parent
satisfaction; and
(iii) the management and leadership
necessary to overcome initial start-up
problems and establish a thriving,
financially viable charter school.
(B) Activities.--A charter school described
in subparagraph (A) may use funds reserved
under paragraph (1) to assist other schools in
adapting the charter school's program (or
certain aspects of the charter school's
program), or to disseminate information about
the charter school, through such activities
as--
(i) assisting other individuals with
the planning and start-up of one or
more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
performance in each of the schools
participating in the partnership;
(iii) developing curriculum
materials, assessments, and other
materials that promote increased
student achievement and are based on
successful practices within the
assisting charter school; and
(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student performance in other
schools.
(g) Tribally Controlled Schools.--Each State that receives
a grant under this subpart and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
(2) the amount of such aid.
SEC. 5115. NATIONAL ACTIVITIES.
(a) In General.--The Secretary shall reserve for each
fiscal year the greater of 5 percent or $5,000,000 of the
amount appropriated to carry out this subpart, except that in
no fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
(1) To provide charter schools, either directly or
through State educational agencies, with--
(A) information regarding--
(i) Federal funds that charter
schools are eligible to receive; and
(ii) other Federal programs in which
charter schools may participate; and
(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
(2) To provide for the completion of the 4-year
national study (which began in 1995) of charter
schools.
(3) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools
on student achievement, including information
regarding--
(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
(4) To provide--
(A) information to applicants for assistance
under this subpart;
(B) assistance to applicants for assistance
under this subpart with the preparation of
applications under section 5113;
(C) assistance in the planning and startup of
charter schools;
(D) training and technical assistance to
existing charter schools; and
(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
(5) To provide (including through the use of one or
more contracts that use a competitive bidding process)
for the collection of information regarding the
financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
(b) Construction.--Nothing in this section shall be construed
to require charter schools to collect any data described in
subsection (a).
SEC. 5116. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
(a) In General.--For purposes of the allocation to schools by
the States or their agencies of funds under part A of title I,
and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State
educational agency shall take such measures not later than 6
months after the date of the enactment of the Charter School
Expansion Act of 1998 as are necessary to ensure that every
charter school receives the Federal funding for which the
charter school is eligible not later than 5 months after the
charter school first opens, notwithstanding the fact that the
identity and characteristics of the students enrolling in that
charter school are not fully and completely determined until
that charter school actually opens. The measures similarly
shall ensure that every charter school expanding its enrollment
in any subsequent year of operation receives the Federal
funding for which the charter school is eligible not later than
5 months after such expansion.
(b) Adjustment and Late Openings.--
(1) In general.--The measures described in subsection
(a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where
payments made to a charter school on the basis of
estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary and
applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such academic
year have a full and fair opportunity to receive those
funds during the charter schools' first year of
operation.
SEC. 5117. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this subpart, as well as in the development of any
rules or regulations relevant to charter schools that are
required to implement part A of title I, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), or any
other program administered by theSecretary that provides
education funds to charter schools or regulates the activities
of charter schools.
SEC. 5118. RECORDS TRANSFER.
State educational agencies and local educational agencies, to
the extent practicable, shall ensure that a student's records
and, if applicable, a student's individualized education
program as defined in section 602(11) of the Individuals with
Disabilities Education Act, are transferred to a charter school
upon the transfer of the student to the charter school, and to
another public school upon the transfer of the student from a
charter school to another public school, in accordance with
applicable State law.
SEC. 5119. PAPERWORK REDUCTION.
To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of
this subpart results in a minimum of paperwork for any eligible
applicant or charter school.
SEC. 5120. DEFINITIONS.
In this subpart:
(1) Charter school.--The term ``charter school''
means a public school that--
(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempted from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
(D) provides a program of elementary or
secondary education, or both;
(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
(F) does not charge tuition;
(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;
(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary schools and secondary schools in the
State, unless such requirements are
specifically waived for the purpose of this
program;
(J) meets all applicable Federal, State, and
local health and safety requirements;
(K) operates in accordance with State law;
and
(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school.
(2) Developer.--The term ``developer'' means an
individual or group of individuals (including a public
or private nonprofit organization), which may include
teachers, administrators and other school staff,
parents, or other members of the local community in
which a charter school project will be carried out.
(3) Eligible applicant.--The term ``eligible
applicant'' means an authorized public chartering
agency participating in a partnership with a developer
to establish a charter school in accordance with this
subpart.
(4) Authorized public chartering agency.--The term
``authorized public chartering agency'' means a State
educational agency, local educational agency, or other
public entity that has the authority pursuant to State
law and approved by the Secretary to authorize or
approve a charter school.
SEC. 5121. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subpart, there are
authorized to be appropriated $190,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 6 succeeding
fiscal years.
Subpart 2--Magnet Schools Assistance
SEC. 5131. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Magnet schools are a significant part of our
Nation's effort to achieve voluntary desegregation of
our Nation's schools.
(2) It is in the national interest to continue the
Federal Government's support of school districts that
are implementing court-ordered desegregation plans and
school districts that are voluntarily seeking to foster
meaningful interaction among students of different
racial and ethnic backgrounds.
(3) Desegregation can help ensure that all students
have equitable access to high-quality education that
will prepare them to function well in a technologically
oriented and highly competitive society comprised of
people from many different racial and ethnic
backgrounds.
(4) It is in the national interest to desegregate and
diversify those schools in our Nation that are
racially, economically, linguistically, or ethnically
segregated. Such segregation exists between minority
and non-minority students as well as among students of
different minority groups.
(b) Statement of Purpose.--The purpose of this subpart is
to assist in the desegregation of schools served by local
educational agencies by providing financial assistance to
eligible local educational agencies for--
(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students which shall assist in the efforts of
the United States to achieve voluntary desegregation in
public schools;
(2) the development and implementation of magnet
school projects that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
and local content standards and challenging State and
local student performance standards;
(3) the development and design of innovative
educational methods and practices;
(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable
vocational, technological and career skills of students
attending such schools;
(5) improving the capacity of local educational
agencies, including through professional development,
to continue operating magnet schools at a high
performance level after Federal funding is terminated;
and
(6) ensuring that all students enrolled in the magnet
school program have equitable access to high quality
education that will enable the students to succeed
academically and continue with post secondary education
or productive employment.
SEC. 5132. PROGRAM AUTHORIZED.
The Secretary, in accordance with this subpart, is
authorized to make grants to eligible local educational
agencies, and consortia of such agencies where appropriate, to
carry out the purpose of this subpart for magnet schools that
are--
(1) part of an approved desegregation plan; and
(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
SEC. 5133. DEFINITION.
For the purpose of this subpart, the term `magnet school'
means a public elementary school or secondary school or a
public elementary or secondary education center that offers a
special curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
SEC. 5134. ELIGIBILITY.
A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive assistance under this
subpart to carry out the purposes of this subpart if such
agency or consortium--
(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary schools and secondary schools
of such agency; or
(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this subpart, adopt
and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
SEC. 5135. APPLICATIONS AND REQUIREMENTS.
(a) Applications.--An eligible local educational agency or
consortium of such agencies desiring to receive assistance
under this subpart shall submit an application to the Secretary
at such time, in such manner, and containing such information
and assurances as the Secretary may reasonably require.
(b) Information and Assurances.--Each such application
shall include--
(1) a description of--
(A) how assistance made available under this
subpart will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among
students of different social, economic, ethnic,
and racial backgrounds;
(B) the manner and extent to which the magnet
school project will increase student
achievement in the instructional area or areas
offered by the school;
(C) how an applicant will continue the magnet
school project after assistance under this
subpart is no longer available, including, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with funds under this subpart cannot
be continued without the use of funds under
this subpart;
(D) how funds under this subpart will be used
to implement services and activities thatare
consistent with other programs under this Act,
and other Acts, as appropriate, in accordance
with the provisions of section 5506; and
(E) the criteria to be used in selecting
students to attend the proposed magnet school
project; and
(2) assurances that the applicant will--
(A) use funds under this subpart for the
purposes specified in section 5131(b);
(B) employ State certified or licensed
teachers in the courses of instruction assisted
under this subpart to teach or supervise others
who are teaching the subject matter of the
courses of instruction;
(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
(i) the hiring, promotion, or
assignment of employees of the agency
or other personnel for whom the agency
has any administrative responsibility;
(ii) the assignment of students to
schools, or to courses of instruction
within the school, of such agency,
except to carry out the approved plan;
and
(iii) designing or operating
extracurricular activities for
students;
(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
(E) give students residing in the local
attendance area of the proposed magnet school
project equitable consideration for placement
in the project, consistent with desegregation
guidelines and the capacity of the project to
accommodate these students.
(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
SEC. 5136. PRIORITY.
In approving applications under this subpart, the Secretary
shall give priority to applicants that--
(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
(2) propose to carry out new magnet school projects,
or significantly revise existing magnet school
projects;
(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination;
(4) propose to implement innovative educational
approaches that are consistent with the State and local
content and student performance standards; and
(5) propose activities, which may include
professional development, that will build local
capacity to operate the magnet school program once
Federal assistance has terminated.
SEC. 5137. USE OF FUNDS.
(a) In General.--Grant funds made available under this
subpart may be used by an eligible local educational agency or
consortium of such agencies--
(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of
programs in magnet schools;
(3) for the payment, or subsidization of the
compensation, of elementary school and secondary school
teachers who are certified or licensed by the State,
and instructional staff where applicable, who are
necessary for the conduct of programs in magnet
schools;
(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
(A) are designed to make available the
special curriculum that is offered by the
magnet school project to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
(B) further the purposes of this subpart;
(5) to include professional development, which
professional development shall build the agency's or
consortium's capacity to operate the magnet school once
Federal assistance has terminated;
(6) to enable the local educational agency or
consortium to have more flexibility in the
administration of a magnet school program in order to
serve students attending a school who are not enrolled
in a magnet school program; and
(7) to enable the local educational agency or
consortium to have flexibility in designing magnet
schools for students at all grades.
(b) Special Rule.--Grant funds under this subpart may be
used in accordance with paragraphs (2) and (3) of subsection
(a) only if the activities described in such paragraphs are
directly related to improving the students' reading skills or
knowledge of mathematics, science, history, geography, English,
foreign languages, art, or music, or to improving vocational,
technological and career skills.
SEC. 5138. PROHIBITION.
Grants under this subpart may not be used for
transportation or any activity that does not augment academic
improvement.
SEC. 5139. LIMITATIONS.
(a) Duration of Awards.--A grant under this subpart shall
be awarded for a period that shall not exceed 3 fiscal years.
(b) Limitation on Planning Funds.--A local educational
agency may expend for planning (professional development shall
not be considered as planning for purposes of this subsection)
not more than 50 percent of the funds received under this
subpart for the first year of the project, 25 percent of such
funds for the second such year, and 15 percent of such funds
for the third such year.
(c) Amount.--No local educational agency or consortium
awarded a grant under this subpart shall receive more than
$4,000,000 under this subpart in any 1 fiscal year.
(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this subpart not later
than June 1 of the applicable fiscal year.
SEC. 5140. INNOVATIVE PROGRAMS.
(a) In General.--From amounts reserved under subsection (d)
for each fiscal year, the Secretary shall award grants to local
educational agencies or consortia of such agencies described in
section 5134 to enable such agencies or consortia to conduct
innovative programs that--
(1) involve innovative strategies other than magnet
schools, such as neighborhood or community model
schools, to support desegregation of schools and to
reduce achievement gaps;
(2) assist in achieving systemic reforms and
providing all students the opportunity to meet
challenging State and local content standards and
challenging State and local student performance
standards; and
(3) include innovative educational methods and
practices that--
(A) are organized around a special emphasis,
theme, or concept; and
(B) involve extensive parent and community
involvement.
(b) Applicability.--Sections 5131(b), 5132, 5135, 5136, and
5137, shall not apply to grants awarded under subsection (a).
(c) Applications.--Each local educational agency or
consortia of such agencies desiring a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances as
the Secretary may reasonably require.
(d) Innovative Programs.--The Secretary shall reserve not
more than 5 percent of the funds appropriated under section
5142(a) for each fiscal year to award grants under this
section.
SEC. 5141. EVALUATIONS.
(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 5142(a) for any
fiscal year to carry out evaluations of projects assisted under
this subpart and to provide technical assistance for grant
recipients under this subpart.
(b) Contents.--Each evaluation described in subsection (a),
at a minimum, shall address--
(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
(2) the extent to which magnet school programs
enhance student access to quality education;
(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students;
(4) the extent to which magnet school programs differ
from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs; and
(5) the extent to which magnet school programs
continue once grant assistance under this subpart is
terminated.
(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
SEC. 5142. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) Authorization.--For the purpose of carrying out this
subpart, there are authorized to be appropriated$125,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 6 succeeding fiscal years.
(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this subpart in the preceding fiscal year.
Subpart 3--Public School Choice
SEC. 5151. PUBLIC SCHOOL CHOICE.
(a) Allotment to State.--From the amount appropriated under
subsection (e) for a fiscal year, the Secretary shall allot to
each State an amount that bears the same relation to the amount
as the amount the State received under section 1122 for the
preceding year bears to the amount received by all States under
section 1122 for the preceding year.
(b) State Use of Funds.--Each State receiving an allotment
under subsection (a) shall use 100 percent of the allotted
funds for allocations to local educational agencies to enable
the local educational agencies to carry out school improvement
under section 1116(c).
(c) Public School Choice.--Subject to subsection (d), each
local educational agency receiving an allocation under
subsection (b), and each local educational agency that is
within a State that receives funds under part A of title I
(other than a local educational agency within a State that
receives a minimum grant under section 1124(d) or
1124A(a)(1)(B) of such Act), shall provide all students
enrolled in a school identified under section 1116(c) and
served by the local educational agency with the option to
transfer to another public school within the school district
served by the local educational agency, including a public
charter school, that has not been identified for school
improvement under section 1116(c), unless such option to
transfer is prohibited by State law or local law (which
includes school board-approved local educational agency
policy).
(d) Special Rule.--If a local educational agency
demonstrates to the satisfaction of the State educational
agency that the local educational agency lacks the capacity to
provide all students with the option to transfer to another
public school within the school district served by the local
educational agency in accordance with subsection (c), and gives
notice (consistent with State and local law) to the parents of
children affected that it is not possible to accommodate the
transfer request of every student, then the local educational
agency shall permit as many students as possible (who shall be
selected by the local educational agency on an equitable basis)
to transfer to a public school within such school district that
has not been identified for school improvement under section
1116(c).
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $225,000,000 for
fiscal year 2002 and each of the 6 succeeding fiscal years.''.
PART B--FLEXIBILITY
Subpart 1--Education Flexibility Partnerships
SEC. 5201. SHORT TITLE.
This subpart may be cited as the ``Education Flexibility
Partnership Act of 2001''.
SEC. 5202. DEFINITIONS.
In this subpart:
(1) Eligible school attendance area; school
attendance area.--The terms ``eligible school
attendance area'' and ``school attendance area'' have
the meanings given the terms in section 1113(a)(2).
(2) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and each
outlying area.
SEC. 5203. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) Educational Flexibility Program.--
(1) Program authorized.--
(A) In general.--The Secretary may carry out
an educational flexibility program under which
the Secretary authorizes a State educational
agency that serves an eligible State to waive
statutory or regulatory requirements applicable
to one or more programs described in subsection
(b), other than requirements described in
subsection (c), for any local educational
agency or school within the State.
(B) Designation.--Each eligible State
participating in the program described in
subparagraph (A) shall be known as an ``Ed-Flex
Partnership State''.
(2) Eligible state.--For the purpose of this section
the term ``eligible State'' means a State that--
(A) has--
(i) developed and implemented the
challenging State content standards,
challenging State student performance
standards, and aligned assessments
described in section 1111(b), and for
which local educational agencies in the
State are producing the individual
school performance profiles required by
section 1116(a)(3); or
(ii)(I) developed and implemented the
content standards described in clause
(i);
(II) developed and implemented
interim assessments; and
(III) made substantial progress (as
determined by the Secretary) toward
developing and implementing the
performance standards and final aligned
assessments described in clause (i),
and toward having local educational
agencies in the State produce the
profiles described in clause (i);
(B) holds local educational agencies and
schools accountable for meeting the educational
goals described in the local applications
submitted under paragraph (4), and for engaging
in technical assistance and corrective actions
consistent with section 1116, for the local
educational agencies and schools that do not
make adequate yearly progress as described in
section 1111(b)(2); and
(C) waives State statutory or regulatory
requirements relating to education while
holdinglocal educational agencies or schools
within the State that are affected by such
waivers accountable for the performance of the
students who are affected by such waivers.
(3) State application.--
(A) In general.--Each State educational
agency desiring to participate in the
educational flexibility program under this
section shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require. Each such application
shall demonstrate that the eligible State has
adopted an educational flexibility plan for the
State that includes--
(i) a description of the process the
State educational agency will use to
evaluate applications from local
educational agencies or schools
requesting waivers of--
(I) Federal statutory or
regulatory requirements as
described in paragraph (1)(A);
and
(II) State statutory or
regulatory requirements
relating to education;
(ii) a detailed description of the
State statutory and regulatory
requirements relating to education that
the State educational agency will
waive;
(iii) a description of clear
educational objectives the State
intends to meet under the educational
flexibility plan;
(iv) a description of how the
educational flexibility plan is
consistent with and will assist in
implementing the State comprehensive
reform plan or, if a State does not
have a comprehensive reform plan, a
description of how the educational
flexibility plan is coordinated with
activities described in section
1111(b);
(v) a description of how the State
educational agency will evaluate,
consistent with the requirements of
title I, the performance of students in
the schools and local educational
agencies affected by the waivers; and
(vi) a description of how the State
educational agency will meet the
requirements of paragraph (8).
(B) Approval and considerations.--The
Secretary may approve an application described
in subparagraph (A) only if the Secretary
determines that such application demonstrates
substantial promise of assisting the State
educational agency and affected local
educational agencies and schools within the
State in carrying out comprehensive educational
reform, after considering--
(i) the eligibility of the State as
described in paragraph (2);
(ii) the comprehensiveness and
quality of the educational flexibility
plan described in subparagraph (A);
(iii) the ability of the educational
flexibility plan to ensure
accountability for the activities and
goals described in such plan;
(iv) the degree to which the State's
objectives described in subparagraph
(A)(iii)--
(I) are clear and have the
ability to be assessed; and
(II) take into account the
performance of local
educational agencies or
schools, and students,
particularly those affected by
waivers;
(v) the significance of the State
statutory or regulatory requirements
relating to education that will be
waived; and
(vi) the quality of the State
educational agency's process for
approving applications for waivers of
Federal statutory or regulatory
requirements as described in paragraph
(1)(A) and for monitoring and
evaluating the results of such waivers.
(4) Local application.--
(A) In general.--Each local educational
agency or school requesting a waiver of a
Federal statutory or regulatory requirement as
described in paragraph (1)(A) and any relevant
State statutory or regulatory requirement from
a State educational agency shall submit an
application to the State educational agency at
such time, in such manner, and containing such
information as the State educational agency may
reasonably require. Each such application
shall--
(i) indicate each Federal program
affected and each statutory or
regulatory requirement that will be
waived;
(ii) describe the purposes and
overall expected results of waiving
each such requirement;
(iii) describe, for each school year,
specific, measurable, educational goals
for each local educational agency or
school affected by the proposed waiver,
and for the students served by the
local educational agency or school who
are affected by the waiver;
(iv) explain why the waiver will
assist the local educational agency or
school in reaching such goals; and
(v) in the case of an application
from a local educational agency,
describe how the local educational
agency will meet the requirements of
paragraph (8).
(B) Evaluation of applications.--A State
educational agency shall evaluate an
application submitted under subparagraph (A) in
accordance with the State's educational
flexibility plan described in paragraph (3)(A).
(C) Approval.--A State educational agency
shall not approve an application for a waiver
under this paragraph unless--
(i) the local educational agency or
school requesting such waiver has
developed a local reform plan that is
applicable to such agency or school,
respectively;
(ii) the waiver of Federal statutory
or regulatory requirements as described
in paragraph (1)(A) will assist the
local educational agency or school in
reaching its educational goals,
particularly goals with respect to
school and student performance; and
(iii) the State educational agency is
satisfied that the underlying purposes
of the statutory requirements of each
program for which a waiver is granted
will continue to be met.
(D) Termination.--The State educational
agency shall annually review the performance of
any local educational agency or school granted
a waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A)
in accordance with the evaluation requirement
described in paragraph (3)(A)(v), and shall
terminate any waiver granted to the local
educational agency or school if the State
educational agency determines, after notice and
an opportunity for a hearing, that the local
educational agency or school's performance with
respect to meeting the accountability
requirement described in paragraph (2)(C) and
the goals described in paragraph (4)(A)(iii)--
(i) has been inadequate to justify
continuation of such waiver; or
(ii) has decreased for two
consecutive years, unless the State
educational agency determines that the
decrease in performance was justified
due to exceptional or uncontrollable
circumstances.
(5) Oversight and reporting.--
(A) Oversight.--Each State educational agency
participating in the educational flexibility
program under this section shall annually
monitor the activities of local educational
agencies and schools receiving waivers under
this section.
(B) State reports.--
(i) Annual reports.--The State
educational agency shall submit to the
Secretary an annual report on the
results of such oversight and the
impact of the waivers on school and
student performance.
(ii) Performance data.--Not later
than 2 years after the date a State is
designated an Ed-Flex Partnership
State, each such State shall include,
as part of the State's annual report
submitted under clause (i), data
demonstrating the degree to which
progress has been made toward meeting
the State's educational objectives. The
data, when applicable, shall include--
(I) information on the total
number of waivers granted for
Federal and State statutory and
regulatory requirements under
this section, including the
number of waivers granted for
each type of waiver;
(II) information describing
the effect of the waivers on
the implementation of State and
local educational reforms
pertaining to school and
student performance;
(III) information describing
the relationship of the waivers
to the performance of schools
and students affected by the
waivers; and
(IV) an assurance from State
program managers that the data
reported under this section are
reliable, complete, and
accurate, as defined by the
State, or a description of a
plan for improving the
reliability, completeness, and
accuracy of such data as
defined by the State.
(C) Secretary's reports.--The Secretary, not
later than 2 years after the date of enactment
of the Education Flexibility Partnership Act of
1999 and annually thereafter, shall--
(i) make each State report submitted
under subparagraph (B) available to
Congress and the public; and
(ii) submit to Congress a report that
summarizes the State reports and
describes the effects that the
educational flexibility program under
this section had on the implementation
of State and local educational reforms
and on the performance of students
affected by the waivers.
(6) Duration of federal waivers.--
(A) In general.--The Secretary shall not
approve the application of a State educational
agency under paragraph (3) for a period
exceeding 5 years, except that the Secretary
may extend such period if the Secretary
determines that such agency's authority to
grant waivers--
(i) has been effective in enabling
such State or affected local
educational agencies or schools to
carry out their State or local reform
plans and to continue to meet the
accountability requirement described in
paragraph (2)(C); and
(ii) has improved student
performance.
(B) Performance review.--Three years after
the date a State is designated an Ed-Flex
Partnership State, the Secretary shall review
the performance of the State educational agency
in granting waivers of Federal statutory or
regulatory requirements as described in
paragraph (1)(A) and shall terminate such
agency's authority to grant such waivers if the
Secretary determines, after notice and an
opportunity for a hearing, that such agency's
performance (including performance with respect
to meeting the objectives described in
paragraph (3)(A)(iii)) has been inadequate to
justify continuation of such authority.
(C) Renewal.--In deciding whether to extend a
request for a State educational agency's
authority to issue waivers under this section,
the Secretary shall review the progress of the
State educational agency to determine if the
State educational agency--
(i) has made progress toward
achieving the objectives described in
the application submitted pursuant to
paragraph (3)(A)(iii); and
(ii) demonstrates in the request that
local educational agencies or schools
affected by the waiver authority or
waivers have made progress toward
achieving the desired results described
in the application submitted pursuant
to paragraph (4)(A)(iii).
(7) Authority to issue waivers.--Notwithstanding any
other provision of law, the Secretary is authorized to
carry out the educational flexibility program under
this section for each of the fiscal years 2002 through
2008.
(8) Public notice and comment.--Each State
educational agency seeking waiver authority under this
section and each local educational agency seeking a
waiver under this section--
(A) shall provide the public with adequate
and efficient notice of the proposed waiver
authority or waiver, consisting of a
description of the agency's application for the
proposed waiver authority or waiver in a widely
read or distributed medium, including a
description of any improved student performance
that is expected to result from the waiver
authority or waiver;
(B) shall provide the opportunity for
parents, educators, and all other interested
members of the community to comment regarding
the proposed waiver authority or waiver;
(C) shall provide the opportunity described
in subparagraph (B) in accordance with any
applicable State law specifying how the
comments may be received, and how the comments
may be reviewed by any member of the public;
and
(D) shall submit the comments received with
the agency's application to the Secretary or
the State educational agency, as appropriate.
(b) Included Programs.--The statutory or regulatory
requirements referred to in subsection (a)(1)(A) are any such
requirements for programs carried out under the following
provisions:
(1) Title I (other than subsections (a) and (c) of
section 1116, subpart 2 of part B, and part F).
(2) Subparts 1, 2, and 3 of part A of title II.
(3) Part C of title II.
(4) Part C of title III.
(5) Part A of title IV.
(6) Subpart 4 of this part.
(7) The Carl D. Perkins Vocational and Technical
Education Act of 1998.
(c) Waivers Not Authorized.--The Secretary and the State
educational agency may not waive under subsection (a)(1)(A) any
statutory or regulatory requirement--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement;
(E) distribution of funds to States or to
local educational agencies;
(F) serving eligible school attendance areas
in rank order under section 1113(a)(3);
(G) the selection of a school attendance area
or school under subsections (a) and (b) of
section 1113, except that a State educational
agency may grant a waiver to allow a school
attendance area or school to participate in
activities under part A of title I if the
percentage of children from low-income families
in the school attendance area of such school or
who attend such school is not less than 10
percentage points below the lowest percentage
of such children for any school attendance area
or school of the local educational agency that
meets the requirements of such subsections (a)
and (b);
(H) use of Federal funds to supplement, not
supplant, non-Federal funds; and
(I) applicable civil rights requirements; and
(2) unless the underlying purposes of the statutory
requirements of the program for which a waiver is
granted continue to be met to the satisfaction of the
Secretary.
(d) Treatment of Existing Ed-Flex Partnership States.--
(1) In general.--Except as provided in paragraphs (3)
and (4), this section shall not apply to a State
educational agency that has been granted waiver
authority under the provisions of law described in
paragraph (2) (as such provisions were in effect on the
day before the date of enactment of the Better
Education for Students and Teachers Act) for the
duration of the waiver authority.
(2) Applicable provisions.--The provisions of law
referred to in paragraph (1) are as follows:
(A) Section 311(e) of the Goals 2000: Educate
America Act (as such section was in effect on
the day before the date of enactment of the
Better Education for Students and Teachers
Act).
(B) The proviso referring to such section
311(e) under the heading ``education reform''
in the Department of Education Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-
229).
(3) Special rule.--If a State educational agency
granted waiver authority pursuant to the provisions of
law described in subparagraph (A) or (B) of paragraph
(2) applies to the Secretary for waiver authority under
this section--
(A) the Secretary shall review the progress
of the State educational agency in achieving
the objectives set forth in the application
submitted pursuant to section 311(e) of the
Goals 2000: Educate America Act (as such
section was in effect on the day before the
date of enactment of the Better Education for
Students and Teachers Act); and
(B) the Secretary shall administer the waiver
authority granted under this section in
accordance with the requirements of this
section.
(4) Technology.--In the case of a State educational
agency granted waiver authority under the provisions of
law described in subparagraph (A) or (B) of paragraph
(2), the Secretary shall permit a State educational
agency to expand, on or after the date of enactment of
the Better Education for Students and Teachers Act, the
waiver authority to include programs under part C of
title II.
(e) Publication.--A notice of the Secretary's decision to
authorize State educational agencies to issue waivers under
this section, including a description of the rationale the
Secretary used to approve applications under subsection
(a)(3)(B), shall be published in the Federal Register and the
Secretary shall provide for the dissemination of such notice to
State educational agencies, interested parties (including
educators, parents, students, and advocacy and civil rights
organizations), and the public.
Subpart 2--Rural Education Initiative
SEC. 5221. SHORT TITLE.
This subpart may be cited as the ``Rural Education
Achievement Program''.
SEC. 5222. PURPOSE.
It is the purpose of this subpart to address the unique
needs of rural school districts that frequently--
(1) lack the personnel and resources needed to
compete for Federal competitive grants; and
(2) receive formula allocations in amounts too small
to be effective in meeting their intended purposes.
SEC. 5223. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart--
(1) $300,000,000 for fiscal year 2002, of which
$150,000,000 shall be made available to carry out
chapter 1; and
(2) such sums as may be necessary for each of the 4
succeeding fiscal years.
CHAPTER 1--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
SEC. 5231. FORMULA GRANT PROGRAM AUTHORIZED.
(a) Alternative Uses.--
(1) In general.--Notwithstanding any other provision
of law, an eligible local educational agency may use
the applicable funding, that the agency is eligible to
receive from the State educational agency for a fiscal
year, to carry out activities described in section
1114, 1115, 1116, 2123, or 4116.
(2) Notification.--An eligible local educational
agency shall notify the State educational agency of the
local educational agency's intention to use the
applicable funding in accordance with paragraph (1) not
later than a date that is established by the State
educational agency for the notification.
(b) Eligibility.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
(1) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
(2) all of the schools served by the local
educational agency are designated with a School Locale
Code of 7 or 8, as determined by the Secretary, except
that the Secretary may waive the School Locale Code
requirement of this paragraph if the Secretary
determines, based on certification provided by the
local educational agency or the State educational
agency on behalf of the local educational agency, that
the local educational agency is located in an area
defined as rural by a governmental agency of the State.
(c) Applicable Funding.--In this section, the term
``applicable funding'' means funds provided under each of
titles II and IV, and subpart 4 of this part.
(d) Disbursal.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the
applicable funding to local educational agencies for
alternative uses under this section for the fiscal year at the
same time that the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
(e) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement and not supplant any
other Federal, State, or local education funds.
(f) Special Rule.--References in Federal law to funds for
the provisions of law set forth in subsection (c) may be
considered to be references to funds for this section.
(g) Construction.--Nothing in this chapter shall be
construed to prohibit a local educational agency that enters
into cooperative arrangements with other local educational
agencies for the provision of special, compensatory, or other
education services pursuant to State law or a written agreement
from entering into similar arrangements for the use or the
coordination of the use of the funds made available under this
section.
SEC. 5232. COMPETITIVE GRANT PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to award
grants to eligible local educational agencies to enable the
local educational agencies to carry out activities described in
section 1114, 1115, 1116, 2123, 2213, 2306, or 4116.
(b) Eligibility.--A local educational agency shall be
eligible to receive a grant under this section if--
(1) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
(2) all of the schools served by the local
educational agency are designated with a School Locale
Code of 7 or 8, as determined by the Secretary, except
that the Secretary may waive the School Locale Code
requirement of this paragraph if the Secretary
determines, based on certification provided by the
local educational agency or the State educational
agency on behalf of the local educational agency, that
the local educational agency is located in an area
defined as rural by a governmental agency of the State.
(c) Amount.--
(1) In general.--The Secretary shall award a grant to
a local educational agency under this section for a
fiscal year in an amount equal to the amount determined
under paragraph (2) for the fiscal year minus the total
amount received under the provisions of law described
under section 5231(c) for the fiscal year.
(2) Determination.--The amount referred to in
paragraph (1) is equal to $100 multiplied by the total
number of students in excess of 50 students that are in
average daily attendance at the schools served by the
local educational agency, plus $20,000, except that the
amount may not exceed $60,000.
(3) Census determination.--
(A) In general.--Each local educational
agency desiring a grant under this section
shall conduct a census not later than December
1 of each year to determine the number of
kindergarten through grade 12 students in
average daily attendance at the schools served
by the local educational agency.
(B) Submission.--Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
(4) Penalty.--If the Secretary determines that a
local educational agency has knowingly submitted false
information under paragraph (3) for the purpose of
gaining additional funds under this section, then the
local educational agency shall be fined an amount equal
to twice the difference between the amount the local
educational agency received under this section, and the
correct amount the local educational agency would have
received under this section if the agency had submitted
accurate information under paragraph (3).
(d) Disbursal.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that year.
(e) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement and not supplant any
other Federal, State, or local education funds.
(f) Construction.--Nothing in this chapter shall be
construed to prohibit a local educational agency that enters
into cooperative arrangements with other local educational
agencies for the provision of special, compensatory, or other
education services pursuant to State law or a written agreement
from entering into similar arrangements for the use or the
coordination of the use of the funds made available under this
section.
SEC. 5233. ACCOUNTABILITY.
(a) Academic Achievement.--
(1) In general.--Each local educational agency that
uses or receives funds under section 5231 or 5232 for a
fiscal year shall--
(A) administer an assessment that is used
statewide and is consistent with the assessment
described in section 1111(b), to assess the
academic achievement of students in the schools
served by the local educational agency; or
(B) in the case of a local educational agency
for which there is no statewide assessment
described in subparagraph (A), administer a
test, that is selected by the local educational
agency, to assess the academic achievement of
students in the schools served by the local
educational agency.
(2) Special rule.--Each local educational agency that
uses or receives funds under section 5231 or 5232 shall
use the same assessment or test described in paragraph
(1) for each year of participation in the program
carried out under such section.
(b) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives funding under the provisions of law described in
section 5231(c) shall--
(1) after the 3rd year that a local educational
agency in the State participates in a program
authorized under section 5231 or 5232 and on the basis
of the results of the assessments or tests described in
subsection (a), determine whether the students served
by the local educational agency participating in the
program performed better on the assessments or tests
after the 3rd year of the participation than the
students performed on the assessments or tests after
the 1st year of the participation;
(2) permit only the local educational agencies that
participated in the program and served students that
performed better on the assessments or tests, as
described in paragraph (1), to continue to participate
in the program for an additional period of 3 years; and
(3) prohibit the local educational agencies that
participated in the program and served students that
did not perform better on the assessments or tests, as
described in paragraph (1), from participating in the
program, for a period of 3 years from the date of the
determination.
SEC. 5234. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.
(a) In General.--If the amount appropriated for any fiscal
year and made available for grants under this chapter is
insufficient to pay the full amount for whichall agencies are
eligible under this chapter, the Secretary shall ratably reduce
each such amount.
(b) Additional Amounts.--If additional funds become available
for making payments under paragraph (1) for such fiscal year,
payments that were reduced under subsection (a) shall be
increased on the same basis as such payments were reduced.
CHAPTER 2--LOW-INCOME AND RURAL SCHOOL PROGRAM
SEC. 5241. DEFINITIONS.
In this chapter:
(1) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(2) Specially qualified agency.--The term ``specially
qualified agency'' means an eligible local educational
agency, located in a State that does not participate in
a program carried out under this chapter for a fiscal
year, which may apply directly to the Secretary for a
grant for such year in accordance with section 5242(b).
SEC. 5242. PROGRAM AUTHORIZED.
(a) Grants to States.--
(1) In general.--From the sum appropriated under
section 5223 for a fiscal year and made available to
carry out this chapter, the Secretary shall award
grants, from allotments made under paragraph (2), to
State educational agencies that have applications
approved under section 5244 to enable the State
educational agencies to award grants to eligible local
educational agencies for innovative assistance
activities described in section 5331(b).
(2) Allotment.--From the sum appropriated under
section 5223 for a fiscal year and made available to
carry out this chapter, the Secretary shall allot to
each State educational agency an amount that bears the
same ratio to the sum as the number of students in
average daily attendance at the schools served by
eligible local educational agencies in the State for
that fiscal year bears to the number of all such
students at the schools served by eligible local
educational agencies in all States for that fiscal
year.
(b) Direct Grants to Specially Qualified Agencies.--
(1) Nonparticipating state.--If a State educational
agency elects not to participate in the program carried
out under this chapter or does not have an application
approved under section 5244, a specially qualified
agency in such State desiring a grant under this
chapter shall apply directly to the Secretary under
section 5244 to receive a grant under this chapter.
(2) Direct awards to specially qualified agencies.--
The Secretary may award, on a competitive basis, the
amount the State educational agency is eligible to
receive under subsection (a)(2) directly to specially
qualified agencies in the State.
(c) Administrative Costs.--A State educational agency that
receives a grant under this chapter may not use more than 5
percent of the amount of the grant for State administrative
costs.
SEC. 5243. STATE DISTRIBUTION OF FUNDS.
(a) In General.--A State educational agency that receives a
grant under this chapter may use the funds made available
through the grant to award grants to eligible local educational
agencies to enable the local educational agencies to carry out
innovative assistance activities described in section 5331(b).
(b) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this chapter if--
(A) 20 percent or more of the children age 5
through 17 that are served by the local
educational agency are from families with
incomes below the poverty line; and
(B) all of the schools served by the agency
are located in a community with a Locale Code
of 6, 7, or 8, as determined by the Secretary
of Education.
(c) Award Basis.--The State educational agency shall award
the grants to eligible local educational agencies--
(1) on a competitive basis; or
(2) according to a formula based on the number of
students in average daily attendance at schools served
by the eligible local educational agencies.
SEC. 5244. APPLICATIONS.
(a) In General.--Each State educational agency and specially
qualified agency desiring to receive a grant under this chapter
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--At a minimum, such application shall include
information on specific measurable goals and objectives to be
achieved through the activities carried out through the grant,
which may include specific educational goals and objectives
relating to--
(1) increased student academic achievement;
(2) decreased student dropout rates; or
(3) such other factors as the State educational
agency or specially qualified agency may choose to
measure.
SEC. 5245. ACCOUNTABILITY.
(a) State Reports.--Each State educational agency that
receives a grant under this chapter shall prepare and submit to
the Secretary an annual report. The report shall describe--
(1) the method the State educational agency used to
award grants to eligible local educational agencies
under this chapter;
(2) how the local educational agencies used the funds
provided under this chapter; and
(3) the degree to which the State made progress
toward meeting the goals and objectives described in
the application submitted under section 5244.
(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this chapter shall
prepare and submit to the Secretary an annual report. The
report shall describe--
(1) how such agency used the funds provided under
this chapter; and
(2) the degree to which the agency made progress
toward meeting the goals and objectives described in
the application submitted under section 5244.
(c) Academic Achievement.--
(1) In general.--Each local educational agency that
receives a grant under this chapter for a fiscal year
shall--
(A) administer an assessment that is used
statewide and is consistent with the assessment
described in section 1111(b), to assess the
academic achievement of students in the schools
served by the local educational agency; or
(B) in the case of a local educational agency
for which there is no statewide assessment
described in subparagraph (A), administer a
test, that is selected by the local educational
agency, to assess the academic achievement of
students in the schools served by the local
educational agency.
(2) Special rule.--Each local educational agency that
receives a grant under this chapter shall use the same
assessment or test described in paragraph (1) for each
year of participation in the program carried out under
this chapter.
(d) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives a grant under this chapter shall--
(1) after the 3rd year that a local educational
agency in the State participates in the program
authorized under this chapter and on the basis of the
results of the assessments or tests described in
subsection (c), determine whether the students served
by the local educational agency participating in the
program performed better on the assessments or tests
after the 3rd year of the participation than the
students performed on the assessments or tests after
the 1st year of the participation;
(2) permit only the local educational agencies that
participated in the program and served students that
performed better on the assessments or tests, as
described in paragraph (1), to continue to participate
in the program for an additional period of 3 years; and
(3) prohibit the local educational agencies that
participated in the program and served students that
did not perform better on the assessments or tests, as
described in paragraph (1), from participating in the
program for a period of 3 years from the date of the
determination.
SEC. 5246. SUPPLEMENT NOT SUPPLANT.
Funds made available under this chapter shall be used to
supplement and not supplant any other Federal, State, or local
education funds.
SEC. 5247. SPECIAL RULE.
No local educational agency may concurrently participate in
activities carried out under chapter 1 and activities carried
out under this chapter.
Subpart 3--Waivers
SEC. 5251. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
(1) receives funds under a program authorized by this
Act; and
(2) requests a waiver under subsection (b).
(b) Request for Waiver.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a
waiver shall submit a waiver request to the Secretary
that--
(A) identifies the Federal programs affected
by such requested waiver;
(B) describes which Federal requirements are
to be waived and how the waiving of such
requirements will--
(i) increase the quality of
instruction for students; or
(ii) improve the academic performance
of students;
(C) if applicable, describes which similar
State and local requirements will be waived and
how the waiving of such requirements will
assist the local educational agencies, Indian
tribes or schools, as appropriate, to achieve
the objectives described in clauses (i) and
(ii) of subparagraph (B);
(D) describes specific, measurable
educational improvement goals and expected
outcomes for all affected students;
(E) describes the methods to be used to
measure progress in meeting such goals and
outcomes; and
(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are
requested.
(2) Additional information.--Such requests--
(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
(B) shall be developed and submitted--
(i)(I) by local educational agencies
(on behalf of such agencies and
schools) to State educational agencies;
and
(II) by State educational agencies
(on behalf of, and based upon the
requests of, local educational
agencies) to the Secretary; or
(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the
Secretary.
(3) General requirements.--
(A) State educational agencies.--In the case
of a waiver request submitted by a State
educational agency acting in its own behalf,
the State educational agency shall--
(i) provide all interested local
educational agencies in the State with
notice and a reasonable opportunity to
comment on the request;
(ii) submit the comments to the
Secretary; and
(iii) provide notice and information
to the public regarding the waiver
request in the manner that the applying
agency customarily provides similar
notices and information to the public.
(B) Local educational agencies.--In the case
of a waiver request submitted by a local
educational agency that receives funds under
this Act--
(i) such request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
such State educational agency; and
(ii) notice and information regarding
the waiver request shall be provided to
the public by the agency requesting the
waiver in the manner that such agency
customarily provides similar notices
and information to the public.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
(5) equitable participation of private school
students and teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school under
subpart 1 of part A;
(9) the prohibitions regarding--
(A) State aid in section 5; or
(B) use of funds for religious worship or
instruction in section 10; or
(10) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a
school attendance area or school to participate in
activities under part A of title I if the percentage of
children from low-income families in the school
attendance area of such school or who attend such
school is not less than 10 percentage points below the
lowest percentage of such children for any school
attendance area or school of the local educational
agency that meets the requirements of such subsections
(a) and (b).
(d) Duration and Extension of Waiver.--
(1) In general.--Except as provided in paragraph (2),
the duration of a waiver approved by the Secretary
under this section may be for a period not to exceed 3
years.
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
(A) the waiver has been effective in enabling
the State or affected recipients to carry out
the activities for which the waiver was
requested and the waiver has contributed to
improved student performance; and
(B) such extension is in the public interest.
(e) Reports.--
(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end
of the second year for which a waiver is received under
this section, and each subsequent year, submit a report
to the State educational agency that--
(A) describes the uses of such waiver by such
agency or by schools;
(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
(C) evaluates the progress of such agency and
of schools in improving the quality of
instruction or the academic performance of
students.
(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on such reports and contains such information as the
Secretary may require.
(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
(A) describes the uses of such waiver by
schools operated by such tribe; and
(B) evaluates the progress of such schools in
improving the quality of instruction or the
academic performance of students.
(4) Report to congress.--Beginning in fiscal year
2002 and each subsequent year, the Secretary shall
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report--
(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
(B) describing whether such waivers--
(i) increased the quality of
instruction to students; or
(ii) improved the academic
performance of students.
(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the
waiver has been inadequate to justify a continuation of the
waiver or if the waiver is no longer necessary to achieve its
original purposes.
(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
Subpart 4--Innovative Education Program Strategies
SEC. 5301. PURPOSE; STATE AND LOCAL RESPONSIBILITY.
(a) Purpose.--The purpose of this subpart is--
(1) to support local education reform efforts that
are consistent with and support statewide education
reform efforts;
(2) to provide funding to enable State and local
educational agencies to implement promising educational
reform strategies;
(3) to provide a continuing source of innovation and
educational improvement, including supportfor library
services and instructional and media materials; and
(4) to develop and implement education programs to
improve school, student, and teacher performance,
including professional development activities and class
size reduction programs.
(b) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this subpart is within the State educational agencies,
but it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this subpart will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because such
agencies and individuals have the most direct contact with
students and are most likely to be able to design programs to
meet the educational needs of students in their own school
districts.
SEC. 5302. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
(a) Authorization.--To carry out the purposes of this
subpart, there are authorized to be appropriated $850,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 6 succeeding fiscal years.
(b) Duration of Assistance.--During the period beginning
October 1, 2002, and ending September 30, 2008, the Secretary,
in accordance with the provisions of this subpart, shall make
payments to State educational agencies for the purpose of this
subpart.
SEC. 5303. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.
In this subpart the term ``effective schools program''
means a school-based program that--
(1) may encompass preschool through secondary school
levels; and
(2) has the objectives of--
(A) promoting school-level planning,
instructional improvement, and staff
development for all personnel;
(B) increasing the academic performance
levels of all children and particularly
educationally disadvantaged children; and
(C) achieving as an ongoing condition in the
school the following factors identified through
effective schools research:
(i) Strong and effective
administrative and instructional
leadership.
(ii) A safe and orderly school
environment that enables teachers and
students to focus on academic
performance.
(iii) Continuous assessment of
students and initiatives to evaluate
instructional techniques.
CHAPTER 1--STATE AND LOCAL PROGRAMS
SEC. 5311. ALLOTMENT TO STATES.
(a) Reservations.--From the sums appropriated to carry out
this subpart in any fiscal year, the Secretary shall reserve
not more than 1 percent for payments to outlying areas to be
allotted in accordance with their respective needs.
(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to \1/2\ of 1 percent of such remainder.
(c) Definitions.--In this chapter:
(1) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
(2) State.--The term ``State'' includes the 50 States
of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
SEC. 5312. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
(a) Formula.--From the sums made available each year to
carry out this subpart, the State educational agency shall
distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private elementary schools and
secondary schools within the school districts of such agencies,
adjusted, in accordance with criteria approved by the
Secretary, to provide higher per pupil allocations to local
educational agencies serving the greatest numbers or
percentages of children whose education imposes a higher than
average cost per child, such as--
(1) children living in areas with high concentrations
of low-income families;
(2) children from low-income families; and
(3) children living in sparsely populated areas.
(b) Calculation of Enrollments.--
(1) In general.--The calculation of relative
enrollments under subsection (a) shall be on the basis
of the total of--
(A) the number of children enrolled in public
schools; and
(B) the number of children enrolled in
private nonprofit schools that desire that
their children participate in programs or
projects assisted under this subpart, for the
fiscal year preceding the fiscal year for which
the determination is made.
(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational
agencies to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children
participate in programs assisted under this subpart.
(3) Adjustments.--
(A) In general.--Relative enrollments under
subsection (a) shall be adjusted, in accordance
with criteria approved by the Secretary under
subparagraph (B), to provide higher per pupil
allocations only to local educational agencies
which serve the greatest numbers or percentages
of--
(i) children living in areas with
high concentrations of low-income
families;
(ii) children from low-income
families; or
(iii) children living in sparsely
populated areas.
(B) Criteria.--The Secretary shall review
criteria submitted by a State educational
agency for adjusting allocations under
subparagraph (A) and shall approve such
criteria only if the Secretary determines that
such criteria are reasonably calculated to
produce an adjusted allocation that reflects
the relative needs within the State's local
educational agencies based on the factors set
forth in subparagraph (A).
(c) Payment of Allocations.--
(1) Distribution.--From the funds paid to a State
educational agency pursuant to section 5311 for a
fiscal year, a State educational agency shall
distribute to each eligible local educational agency
which has submitted an application as required in
section 5333 the amount of such local educational
agency's allocation as determined under subsection (a).
(2) Additional funds.--
(A) In general.--Additional funds resulting
from higher per pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a), may, at the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public and private nonprofit
schools in direct proportion to the number of
children described in subsection (a) and
enrolled in such schools within the local
educational agency.
(B) Requirement.--In any fiscal year, any
local educational agency that elects to
allocate such additional funds in the manner
described in subparagraph (A) shall allocate
all additional funds to schools within the
local educational agency in such manner.
(C) Construction.--The provisions of
subparagraphs (A) and (B) may not be construed
to require any school to limit the use of such
additional funds to the provision of services
to specific students or categories of students.
CHAPTER 2--STATE PROGRAMS
SEC. 5321. STATE USES OF FUNDS.
(a) Authorized Activities.--A State educational agency may
use funds made available for State use under this subpart only
for--
(1) State administration of programs under this
subpart, including--
(A) supervision of the allocation of funds to
local educational agencies;
(B) planning, supervision, and processing of
State funds; and
(C) monitoring and evaluation of programs and
activities under this subpart;
(2) support for planning, designing, and initial
implementation of charter schools as described in
subpart 1 of part A;
(3) support for designing and implementation of high-
quality yearly student assessments;
(4) support for implementation of State and local
standards; and
(5) technical assistance and direct grants to local
educational agencies, and statewide education reform
activities, including effective schools programs which
assist local educational agencies to provide targeted
assistance.
(b) Limitations and Requirements.--Not more than 15 percent
of funds available for State programs under this subpart in any
fiscal year may be used for State administration under
subsection (a)(1).
SEC. 5322. STATE APPLICATIONS.
(a) Application Requirements.--Any State which desires to
receive assistance under this subpart shall submit to the
Secretary an application which--
(1) designates the State educational agency as the
State agency responsible for administration and
supervision of programs assisted under this subpart;
(2) provides for a biennial submission of data on the
use of funds, the types of services furnished, and the
students served under this subpart;
(3) sets forth the allocation of such funds required
to implement section 5342;
(4) provides that the State educational agency will
keep such records and provide such information to the
Secretary as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section);
(5) provides assurances that, apart from technical
and advisory assistance and monitoring compliance with
this subpart, the State educational agency has not
exercised and will not exercise any influence in the
decisionmaking processes of local educational agencies
as to the expenditure made pursuant to an application
under section 5333;
(6) contains assurances that there is compliance with
the specific requirements of this subpart; and
(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to exceed
3 years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
(c) Audit Rule.--A local educational agency that receives
less than an average of $10,000 under this subpart for 3 fiscal
years shall not be audited more frequently than once every 5
years.
CHAPTER 3--LOCAL INNOVATIVE EDUCATION PROGRAMS
SEC. 5331. TARGETED USE OF FUNDS.
(a) General Rule.--Funds made available to local
educational agencies under section 5312 shall be used for
innovative assistance described in subsection (b).
(b) Innovative Assistance.--
(1) In general.--The innovative assistance programs
referred to in subsection (a) include--
(A) programs for the acquisition and use of
instructional and educational materials,
including library services and materials
(including media materials), assessments, and
other curricular materials;
(B) programs to improve teaching and
learning, including professional development
activities, that are consistent with
comprehensive State and local systemic
education reform efforts;
(C) activities that encourage and expand
improvements throughout the local educational
agency that are designed to advance student
performance;
(D) initiatives to generate, maintain, and
strengthen parental and community involvement,
including initiatives creating activities for
school-age children and activities to meet the
educational needs of children aged birth
through 5;
(E) programs to recruit, hire, and train
certified teachers (including teachers
certified through State and local alternative
routes) in order to reduce class size;
(F) programs to improve the academic
performance of educationally disadvantaged
elementary school and secondary school
students, including activities to prevent
students from dropping out of school;
(G) programs and activities that expand
learning opportunities through best practice
models designed to improve classroom learning
and teaching;
(H) programs to combat both student and
parental illiteracy;
(I) technology activities related to the
implementation of school-based reform efforts,
including professional development to assist
teachers and other school personnel (including
school library media personnel) regarding how
to effectively use technology in the classrooms
and the school library media centers involved;
(J) school improvement programs or activities
under section 1116 or 1117;
(K) programs to provide for the educational
needs of gifted and talented children;
(L) programs to provide same gender schools
and classrooms, if equal educational
opportunities are made available to students of
both sexes, consistent with the Constitution of
the United States of America;
(M) service learning activities; and
(N) school safety programs.
(2) Requirements.--The innovative assistance programs
referred to in subsection (a) shall be--
(A) tied to promoting high academic
standards;
(B) used to improve student performance; and
(C) part of an overall education reform
strategy.
SEC. 5332. ADMINISTRATIVE AUTHORITY.
In order to conduct the activities authorized by this
subpart, each State or local educational agency may use funds
made available under this subpart to make grants to and to
enter into contracts with local educational agencies,
institutions of higher education, libraries, museums, and other
public and private nonprofit agencies, organizations, and
institutions.
SEC. 5333. LOCAL APPLICATIONS.
(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds
under this subpart for any year for which an application is
submitted to the State educational agency and such application
is certified to meet the requirements of this section. The
State educational agency shall certify any such application if
such application--
(1)(A) sets forth the planned allocation of funds
among innovative assistance programs described in
section 5331 and describes the programs, projects, and
activities designed to carry out such innovative
assistance which the local educational agency intends
to support, together with the reasons for the selection
of such programs, projects, and activities; and
(B) sets forth the allocation of such funds required
to implement section 5342;
(2) describes how assistance under this subpart will
contribute to improving student achievement or
improving the quality of education for students;
(3) provides assurances of compliance with the
provisions of this subpart, including the participation
of children enrolled in private, nonprofit schools in
accordance with section 5342;
(4) provides an assurance that the local educational
agency will keep such records, and provide such
information to the State educational agency, as
reasonably may be required for fiscal audit and program
evaluation, consistent with the responsibilities of the
State educational agency under this subpart; and
(5) provides in the allocation of funds for the
assistance authorized by this subpart, and in the
design, planning, and implementation of such programs,
for systematic consultation with parents of children
attending elementary schools and secondary schools in
the area served by the local educational agency, with
teachers and administrative personnel in such schools,
and with other groups involved in the implementation of
this subpart (such as librarians, school counselors,
and other pupil services personnel) as may be
considered appropriate by the local educational agency.
(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period
not to exceed 3 fiscal years, may provide for the allocation of
funds to programs for a period of 3 years, and may be amended
annually as may be necessary to reflect changes without filing
a new application.
(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this subpart, a local
educational agency shall have complete discretion in
determining how funds under this chapter shall be divided among
the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this chapter carry out the purposes of this
subpart and are used to meet the educational needs within the
schools of such local educational agency.
CHAPTER 4--GENERAL ADMINISTRATIVE PROVISIONS
SEC. 5341. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
(a) Maintenance of Effort.--
(1) In general.--Except as provided in paragraph (2),
a State is entitled to receive its full allocation of
funds under this subpart for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscaleffort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this
subpart in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
(3) Waivers.--The Secretary may waive, for 1 fiscal
year only, the requirements of this section if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this subpart only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this subpart, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
SEC. 5342. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) Participation on Equitable Basis.--
(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this subpart or which serves the area in which a
program or project assisted under this subpart is
located who are enrolled in private nonprofit
elementary and secondary schools, or with respect to
instructional or personnel training programs funded by
the State educational agency from funds made available
for State use, such agency, after consultation with
appropriate private school officials, shall provide for
the benefit of such children in such schools secular,
neutral, and nonideological services, materials, and
equipment, including the participation of the teachers
of such children (and other educational personnel
serving such children) in training programs, and the
repair, minor remodeling, or construction of public
facilities as may be necessary for their provision
(consistent with subsection (c) of this section), or,
if such services, materials, and equipment are not
feasible or necessary in one or more such private
schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as
will assure equitable participation of such children in
the purposes and benefits of this subpart.
(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State educational agency shall make arrangements, such
as through contracts with nonprofit agencies or
organizations, under which children in private schools
in such district are provided with services and
materials to the extent that would have occurred if the
local educational agency had received funds under this
subpart.
(3) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children
shall apply to programs and projects carried out under
this subpart by a State or local educational agency,
whether directly or through grants to or contracts with
other public or private agencies, institutions, or
organizations.
(b) Equal Expenditures.--Expenditures for programs pursuant
to subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under this
subpart for children enrolled in the public schools of the
local educational agency, taking into account the needs of the
individual children and other factors which relate to such
expenditures, and when funds available to a local educational
agency under this subpart are used to concentrate programs or
projects on a particular group, attendance area, or grade or
age level, children enrolled in private schools who are
included within the group, attendance area, or grade or age
level selected for such concentration shall, after consultation
with the appropriate private school officials, be assured
equitable participation in the purposes and benefits of such
programs or projects.
(c) Funds.--
(1) Administration of funds and property.--The
control of funds provided under this subpart, and title
to materials, equipment, and property repaired,
remodeled, or constructed with such funds, shall be in
a public agency for the uses andpurposes provided in
this subpart, and a public agency shall administer such
funds and property.
(2) Provision of services.--The provision of services
pursuant to this subpart shall be provided by employees
of a public agency or through contract by such public
agency with a person, an association, agency, or
corporation who or which, in the provision of such
services, is independent of such private school and of
any religious organizations, and such employment or
contract shall be under the control and supervision of
such public agency, and the funds provided under this
subpart shall not be commingled with State or local
funds.
(d) State Prohibition Waiver.--If by reason of any provision
of law a State or local educational agency is prohibited from
providing for the participation in programs of children
enrolled in private elementary schools and secondary schools,
as required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
(e) Waiver and Provision of Services.--
(1) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary schools and secondary
schools as required by this section, the Secretary may
waive such requirements and shall arrange for the
provision of services to such children through
arrangements which shall be subject to the requirements
of this section.
(2) Withholding of allocation.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection or
subsection (d), the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
(f) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines that there will no longer be any failure or
inability on the part of the State or local educational agency
to meet the requirements of subsections (a) and (b).
(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this subpart.
(h) Review.--
(1) Written objections.--The Secretary shall not take
any final action under this section until the State
educational agency and the local educational agency
affected by such action have had an opportunity, for
not less than 45 days after receiving written notice
thereof, to submit written objections and to appear
before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall
be conclusive; but the court, for good cause shown, may
remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if
supported by substantial evidence.
(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of part I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent withthe purposes of this
subpart, apply to programs under this subpart.
SEC. 5343. FEDERAL ADMINISTRATION.
(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this subpart.
(b) Rulemaking.--The Secretary shall issue regulations
under this subpart to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this subpart.
(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this subpart shall become available for
obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.
PART C--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 5401. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
such agency for State administration under one or more
of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the
majority of such agency's resources come from non-
Federal sources.
(2) Applicability.--This section applies to programs
under title I, those covered programs described in
subparagraphs (C), (D), (E), and (F) of section 3(10).
(b) Use of Funds.--
(1) In general.--A State educational agency shall use
the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under the
programs included in the consolidation under subsection
(a), such as--
(A) the coordination of such programs with
other Federal and non-Federal programs;
(B) the establishment and operation of peer-
review mechanisms under this Act;
(C) the administration of this part, part D,
and sections 3 through 17;
(D) the dissemination of information
regarding model programs and practices; and
(E) technical assistance under programs
specified in subsection (a)(2).
(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of such administration.
(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards
and assessments, a State educational agency may consolidate the
amounts made available to such agency for such purposes under
title I of this Act.
SEC. 5402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
SEC. 5403. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval of
its State educational agency, may consolidate and use for the
administration of one or more covered programs for any fiscal
year not more than the percentage, established in each covered
program, of the total amount available to the local educational
agency under such covered programs.
(b) State Procedures.--Within one year from the date of
enactment of the Improving America's Schools Act of 1994, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a consolidated
basis.
(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use such consolidated funds for the administration
of covered programs and for the uses described in section
5401(b)(2).
(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual covered program, to
account for costs relating to the administration of covered
programs included in the consolidation.
SEC. 5404. ADMINISTRATIVE FUNDS STUDIES.
(a) Federal Funds Study.--
(1) In general.--The Secretary shall conduct a study
of the use of funds under this Act for the
administration, by State and local educational
agencies, of all covered programs, including the
percentage of grant funds used for such purpose in all
covered programs.
(2) State data.--Beginning in fiscal year 1995 and
each succeeding fiscal year thereafter, each State
educational agency which receives funds under title I
shall submit to the Secretary a report on the use of
title I funds for the State administration of
activities assisted under title I. Such report shall
include the proportion of State administrative funds
provided under section 1903 that are expended for--
(A) basic program operation and compliance
monitoring;
(B) statewide program services such as
development of standards and assessments,
curriculum development, and program evaluation;
and
(C) technical assistance and other direct
support to local educational agencies and
schools.
(3) Federal funds report.--The Secretary shall
complete the study conducted under this section not
later than July 1, 1997, and shall submit to the
President and the appropriate committees of the
Congress a report regarding such study within 30 days
of the completion of such study.
(4) Results.--Based on the results of the study
described in subsection (a)(1), which may include
collection and analysis of the data under paragraph (2)
and section 410(b) of the Improving America's Schools
Act of 1994, the Secretary shall--
(A) develop a definition of what types of
activities constitute the administration of
programs under this Act by State and local
educational agencies; and
(B) within one year of the completion of such
study, promulgate final regulations or
guidelines regarding the use of funds for
administration under all programs, including
the use of such funds on a consolidated basis
and limitations on the amount of such funds
that may be used for administration where such
limitation is not otherwise specified in law.
(b) General Administrative Funds Study and Report.--Upon
the date of completion of the pilot model data system described
in section 410(b) of the Improving America's Schools Act of
1994, the Secretary shall study the information obtained
through the use of such data system and other relevant
information, as well as any other data systems which are in use
on such date that account for administrative expenses at the
school, local educational agency, and State educational agency
level, and shall report to the Congress not later than July 1,
1997, regarding--
(1) the potential for the reduction of administrative
expenses at the school, local educational agency, and
State educational agency levels;
(2) the potential usefulness of such data system to
reduce such administrative expenses;
(3) any other methods which may be employed by
schools, local educational agencies or State
educational agencies to reduce administrative expenses
and maximize the use of funds for functions directly
affecting student learning; and
(4) if appropriate, steps which may be taken to
assist schools, local educational agencies and State
educational agencies to account for and reduce
administrative expenses.
SEC. 5405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
(a) General Authority.--
(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title VII of this Act, and the
education for homeless children and youth program under
subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act, the amounts allotted to the
Department of the Interior under those programs.
(2) Agreement.--(A) The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
(B) The agreement shall--
(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred, and set forth performance measures
to assess program effectiveness, including
measurable goals and objectives; and
(ii) be developed in consultation with Indian
tribes.
(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for such department's costs related to the
administration of the funds transferred under this section.
SEC. 5406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
With the approval of its State educational agency, a local
educational agency that determines for any fiscal year that
funds under a covered program (other than part A of title I)
are not needed for the purpose of that covered program, may use
such funds, not to exceed five percent of the total amount of
such local educational agency's funds under that covered
program, for the purpose of another covered program.
PART D--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 5501. PURPOSE.
It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
SEC. 5502. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Simplification.--In order to simplify application
requirements and reduce the burden for State
educational agencies under this Act, the Secretary, in
accordance with subsection (b), shall establish
procedures and criteria under which a State educational
agency may submit a consolidated State plan or a
consolidated State application meeting the requirements
of this section for--
(A) each of the covered programs in which the
State participates; and
(B) the additional programs described in
paragraph (2).
(2) Additional programs.--A State educational agency
may also include in its consolidated State plan or
consolidated State application--
(A) the Even Start program under part B of
title I;
(B) the Prevention and Intervention Programs
for Youth Who Are Neglected, Delinquent, or At-
Risk of Dropping Out under part D of title I;
(C) programs under the School-to-Work
Opportunities Act of 1994; and
(D) such other programs as the Secretary may
designate.
(3) Consolidated applications and plans.--A State
educational agency that submits a consolidated State
plan or a consolidated State application under this
section shall not be required to submit separate State
plans or applications under any of the programs to
which the consolidated State plan or consolidated State
application under this section applies.
(b) Collaboration.--
(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
(2) Contents.--Through the collaborative process
described in subsection (b)(1), the Secretary shall
establish, for each program under the Act to which this
section applies, the descriptions, information,
assurances, and other material required to beincluded
in a consolidated State plan or consolidated State
application.
(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the
consideration of the consolidated State plan or
consolidated State application.
SEC. 5503. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under
this Act, whether separately or under section 5502, shall have
on file with the Secretary a single set of assurances,
applicable to each program for which such plan or application
is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, in a nonprofit
private agency, institution, or organization, or in an
Indian tribe if the law authorizing the program
provides for assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing law;
(3) the State will adopt and use proper methods of
administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of such programs;
(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
(6) the State will--
(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
(7) before the plan or application was submitted to
the Secretary, the State has afforded a reasonable
opportunity for public comment on the plan or
application and has considered such comment.
(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
SEC. 5504. ADDITIONAL COORDINATION.
(a) Additional Coordination.--In order to explore ways for
State educational agencies to reduce administrative burdens and
promote the coordination of the education services of this Act
with other health and social service programs administered by
such agencies, the Secretary is directed to seek agreements
with other Federal agencies (including the Departments of
Health and Human Services, Justice, Labor and Agriculture) for
the purpose of establishing procedures and criteria under which
a State educational agency would submit a consolidated State
plan or consolidated State application that meets the
requirements of the covered programs.
(b) Report.--The Secretary shall report to the relevant
committees 6 months after the date of enactment of the
Improving America's Schools Act of 1994.
SEC. 5505. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--A local educational agency receiving
funds under more than one covered program may submit plans or
applications to the State educational agency under such
programs on a consolidated basis.
(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a
consolidated State plan or application under section 5502 may
require local educational agencies in the State receiving funds
under more than one program included in the consolidated State
plan or consolidated State application to submit consolidated
local plans or applications under such programs.
(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the consolidated
State plans or consolidated State applications under this
section.
(d) Necessary Materials.--The State educational agency
shall require only descriptions, information, assurances, and
other material that are absolutely necessary for the
consideration of the local educational agency plan or
application.
SEC. 5506. OTHER GENERAL ASSURANCES.
(a) Assurances.--Any applicant other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 5504, shall
have on file with the State educational agency a single set of
assurances, applicable to each program for which a plan or
application is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing statutes;
(3) the applicant will adopt and use proper methods
of administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary or other
Federal officials;
(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to such applicant under each such program;
(6) the applicant will--
(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
(B) maintain such records, provide such
information, and afford access to the records
as the State educational agency or the
Secretary may find necessary to carry out the
State educational agency's or the Secretary's
duties; and
(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and has considered such
comment.
(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
PART E--ADVANCED PLACEMENT PROGRAMS
SEC. 5601. SHORT TITLE.
This part may be cited as the ``Access to High Standards
Act''.
SEC. 5602. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) far too many students are not being provided
sufficient academic preparation in secondary school,
which results in limited employment opportunities,
college dropout rates of over 25 percent for the first
year of college, and remediation for almost one-third
of incoming college freshmen;
(2) there is a growing consensus that raising
academic standards, establishing high academic
expectations, and showing concrete results are at the
core of improving public education;
(3) modeling academic standards on the well-known
program of advanced placement courses is an approach
that many education leaders and almost half of all
States have endorsed;
(4) advanced placement programs already are providing
30 different college-level courses, serving almost 60
percent of all secondary schools, reaching over
1,000,000 students (of whom 80 percent attend public
schools, 55 percent are females, and 30 percent are
minorities), and providing test scores that are
accepted for college credit at over 3,000 colleges and
universities, every university in Germany, France, and
Austria, and most institutions in Canada and the United
Kingdom;
(5) 24 States are now funding programs to increase
participation in advanced placement programs, including
19 States that provide funds for advanced placement
teacher professional development, 3 States that require
that all public secondary schools offer advanced
placement courses, 10 States that pay the fees for
advanced placement tests for some or all students, and
4 States that require that their public universities
grant uniform academic credit for scores of 3 or better
on advanced placement tests; and
(6) the State programs described in paragraph (5)
have shown the responsiveness of schools and students
to such programs, raised the academic standards both
for students participating in such programs and for
other children taught by teachers who are involved in
advanced placement courses, and have shown tremendous
success in increasing enrollment, achievement, and
minority participation in advanced placement programs.
(b) Purposes.--The purposes of this part are--
(1) to encourage more of the 600,000 students who
take advanced placement courses but do not take
advanced placement exams each year to demonstrate their
achievements through taking the exams;
(2) to build on the many benefits of advanced
placement programs for students, which benefits may
include the acquisition of skills that are important to
many employers, Scholastic Aptitude Tests (SAT) scores
that are 100 points above the national averages, and
the achievement of better grades in secondary school
and in college than the grades of students who have not
participated in the programs;
(3) to support State and local efforts to raise
academic standards through advanced placement programs,
and thus further increase the number of students who
participate and succeed in advanced placement programs;
(4) to increase the availability and broaden the
range of schools that have advanced placement programs,
which programs are still often distributed unevenly
among regions, States, and even secondary schools
within the same school district, while also increasing
and diversifying student participation in the programs;
(5) to build on the State programs described in
subsection (a)(5) and demonstrate that larger and more
diverse groups of students can participate and succeed
in advanced placement programs;
(6) to provide greater access to advanced placement
courses for low-income and other disadvantaged
students;
(7) to provide access to advanced placement courses
for secondary school juniors at schools that do not
offer advanced placement programs, increase the rate of
secondary school juniors and seniors who participate in
advanced placement courses to 25 percent of the
secondary school student population, and increase the
numbers of students who receive advanced placement test
scores for which college academic credit is awarded;
and
(8) to increase the participation of low-income
individuals in taking advanced placement tests through
the payment or partial payment of the costs of the
advanced placement test fees.
SEC. 5603. FUNDING DISTRIBUTION RULE.
From amounts appropriated under section 5608 for a fiscal
year, the Secretary shall give first priority to funding
activities under section 5606, and shall distribute any
remaining funds not so applied according to the following
ratio:
(1) Seventy percent of the remaining funds shall be
available to carry out section 5604.
(2) Thirty percent of the remaining funds shall be
available to carry out section 5605.
SEC. 5604. ADVANCED PLACEMENT PROGRAM GRANTS.
(a) Grants Authorized.--
(1) In general.--From amounts appropriated under
section 5608 and made available under section 5603(1)
for a fiscal year, the Secretary shall award grants, on
a competitive basis, to eligible entities to enable the
eligible entities to carry out the authorized
activities described in subsection (c).
(2) Duration and payments.--
(A) Duration.--The Secretary shall award a
grant under this section for a period of 3
years.
(B) Payments.--The Secretary shall make grant
payments under this section on an annual basis.
(3) Definition of eligible entity.--In this section,
the term ``eligible entity'' means a State educational
agency or a local educational agency in the State.
(b) Priority.--In awarding grants under this section the
Secretary shall give priority to eligible entities submitting
applications under subsection (d) that demonstrate--
(1) a pervasive need for access to advanced placement
incentive programs;
(2) the involvement of business and community
organizations in the activities to be assisted;
(3) the availability of matching funds from State or
local sources to pay for the cost of activities to be
assisted;
(4) a focus on developing or expanding advanced
placement programs and participation in the core
academic areas of English, mathematics, and science;
and
(5)(A) in the case of an eligible entity that is a
State educational agency, the State educational agency
carries out programs in the State that target--
(i) local educational agencies serving
schools with a high concentration of low-income
students; or
(ii) schools with a high concentration of
low-income students; or
(B) in the case of an eligible entity that is a local
educational agency, the local educational agency serves
schools with a high concentration of low-income
students.
(c) Authorized Activities.--An eligible entity may use
grant funds under this section to expand access for low-income
individuals to advanced placement incentive programs that
involve--
(1) teacher training;
(2) preadvanced placement course development;
(3) curriculum coordination and articulation between
grade levels that prepare students for advanced
placement courses;
(4) curriculum development;
(5) books and supplies; and
(6) any other activity directly related to expanding
access to and participation in advanced placement
incentive programs particularly for low-income
individuals.
(d) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require.
(e) Data Collection and Reporting.--
(1) Data collection.--Each eligible entity receiving
a grant under this section shall annually report to the
Secretary--
(A) the number of students taking advanced
placement courses who are served by the
eligible entity;
(B) the number of advanced placement tests
taken by students served by the eligible
entity;
(C) the scores on the advanced placement
tests; and
(D) demographic information regarding
individuals taking the advanced placement
courses and tests disaggregated by race,
ethnicity, sex, English proficiency status, and
socioeconomic status.
(2) Report.--The Secretary shall annually compile the
information received from each eligible entity under
paragraph (1) and report to Congress regarding the
information.
SEC. 5605. ONLINE ADVANCED PLACEMENT COURSES.
(a) Grants Authorized.--From amounts appropriated under
section 5608 and made available under section 5603(2) for a
fiscal year, the Secretary shall award grants to State
educational agencies to enable such agencies to award grants to
local educational agencies to provide students with online
advanced placement courses.
(b) State Educational Agency Applications.--
(1) Application required.--Each State educational
agency desiring a grant under this section shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require.
(2) Award basis.--The Secretary shall award grants
under this section on a competitive basis.
(c) Grants to Local Educational Agencies.--Each State
educational agency receiving a grant under subsection (b) shall
award grants to local educational agencies within the State to
carry out activities described in subsection (e). In awarding
grants under this subsection, the State educational agency
shall give priority to local educational agencies that--
(1) serve high concentrations of low-income students;
(2) serve rural areas; and
(3) the State educational agency determines will not
have access to online advanced placement courses
without assistance provided under this section.
(d) Contracts.--A local educational agency that receives a
grant under this section may enter into a contract with a
nonprofit or for-profit organization to provide the online
advanced placement courses, including contracting for necessary
support services.
(e) Uses.--Grant funds provided under this section may be
used to purchase the online curriculum, to train teachers with
respect to the use of online curriculum, and to purchase course
materials.
SEC. 5606. ADVANCED PLACEMENT INCENTIVE PROGRAM.
(a) Grants Authorized.--From amounts appropriated under
section 5608 and made available under section 5603 for a fiscal
year, the Secretary shall award grants to State educational
agencies having applications approved under subsection (c) to
enable the State educational agencies to reimburse low-income
individuals to cover part or all of the costs of advanced
placement test fees, if the low-income individuals--
(1) are enrolled in an advanced placement class; and
(2) plan to take an advanced placement test.
(b) Award Basis.--In determining the amount of the grant
awarded to each State educational agency under this section for
a fiscal year, the Secretary shall consider the number of
children eligible to be counted under section 1124(c) in the
State in relation to the number of such children so counted in
all the States.
(c) Information Dissemination.--A State educational agency
shall disseminate information regarding the availability of
advanced placement test fee payments under this section to
eligible individuals through secondary school teachers and
guidance counselors.
(d) Applications.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. At a minimum, each
State educational agency application shall--
(1) describe the advanced placement test fees the
State educational agency will pay on behalf of low-
income individuals in the State from grant funds made
available under this section;
(2) provide an assurance that any grant funds
received under this section, other than funds used in
accordance with subsection (e), shall be used only to
pay for advanced placement test fees; and
(3) contain such information as the Secretary may
require to demonstrate that the State will ensure that
a student is eligible for payments under this section,
including documentation required under chapter 1 of
subpart 2 of part A of title IV of the Higher Education
Act of 1965.
(e) Additional Uses of Funds.--If each eligible low-income
individual in a State pays not more than a nominal fee to take
an advanced placement test in a coresubject, then a State
educational agency may use grant funds made available under
this section that remain after advanced placement test fees
have been paid on behalf of all eligible low-income individuals
in the State, for activities directly related to increasing--
(1) the enrollment of low-income individuals in
advanced placement courses;
(2) the participation of low-income individuals in
advanced placement courses; and
(3) the availability of advanced placement courses in
schools serving high-poverty areas.
(f) Supplement, Not Supplant.--Grant funds provided under
this section shall supplement, and not supplant, other non-
federal funds that are available to assist low-income
individuals in paying for the cost of advanced placement test
fees.
(g) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
(h) Report.--Each State educational agency annually shall
report to the Secretary information regarding--
(1) the number of low-income individuals in the State
who received assistance under this section; and
(2) any activities carried out pursuant to subsection
(e).
(i) Definitions.--In this section:
(1) Advanced placement test.--The term ``advanced
placement test'' includes only an advanced placement
test approved by the Secretary for the purposes of this
section.
(2) Low-income individual.--The term ``low-income
individual'' has the meaning given the term in section
402A(g)(2) of the Higher Education Act of 1965.
SEC. 5607. DEFINITIONS.
In this part:
(1) Advanced placement incentive program.--The term
``advanced placement incentive program'' means a
program that provides advanced placement activities and
services to low-income individuals.
(2) Advanced placement test.--The term ``advanced
placement test'' means an advanced placement test
administered by the College Board or approved by the
Secretary.
(3) High concentration of low-income students.--The
term ``high concentration of low-income students'',
used with respect to a State educational agency, local
educational agency or school, means an agency or
school, as the case may be, that serves a student
population 40 percent or more of whom are from families
with incomes below the poverty level, as determined in
the same manner as the determination is made under
section 1124(c)(2).
(4) Low-income individual.--The term ``low-income
individual'' means, other than for purposes of section
5606, a low-income individual (as defined in section
402A(g)(2) of the Higher Education Act of 1965) who is
academically prepared to take successfully an advanced
placement test as determined by a school teacher or
advanced placement coordinator taking into
consideration factors such as enrollment and
performance in an advanced placement course or superior
academic ability.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965.
(6) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
SEC. 5608. 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 the 6 succeeding fiscal years.
TITLE VI--PARENTAL INVOLVEMENT AND ACCOUNTABILITY
PART A--PARENTAL ASSISTANCE
SEC. 6101. PARENTAL INFORMATION AND RESOURCE CENTERS.
(a) Purpose.--The purpose of this part is--
(1) to provide leadership, technical assistance, and
financial support to nonprofit organizations and local
educational agencies to help the organizations and
agencies implement successful and effective parental
involvement policies, programs, and activities that
lead to improvements in student performance;
(2) to strengthen partnerships among parents
(including parents of preschool age children),
teachers, principals, administrators, and other school
personnel in meeting the educational needs of children;
(3) to develop and strengthen the relationship
between parents and the school;
(4) to further the developmental progress primarily
of children assisted under this part; and
(5) to coordinate activities funded under this part
with parental involvement initiatives funded under
section 1118 and other provisions of this Act.
(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants in each fiscal year to nonprofit organizations,
and nonprofit organizations in consortia with local
educational agencies, to establish school-linked or
school-based parental information and resource centers
that provide training, information, and support to--
(A) parents of children enrolled in
elementary schools and secondary schools;
(B) individuals who work with the parents
described in subparagraph (A); and
(C) State educational agencies, local
educational agencies, schools, organizations
that support family-school partnerships (such
as parent-teacher associations), and other
organizations that carry out parent education
and family involvement programs.
(2) Award rule.--In awarding grants under this part,
the Secretary shall ensure that such grants are
distributed in all geographic regions of the United
States.
SEC. 6102. APPLICATIONS.
(a) Grants Applications.--
(1) In general.--Each nonprofit organization or
nonprofit organization in consortium with a local
educational agency that desires a grant under this part
shall submit an application to the Secretary at such
time and in such manner as the Secretary shall require.
(2) Contents.--Each application submitted under
paragraph (1), at a minimum, shall include assurances
that the organization or consortium will--
(A)(i) be governed by a board of directors
the membership of which includes parents; or
(ii) be an organization or consortium that
represents the interests of parents;
(B) establish a special advisory committee
the membership of which includes--
(i) parents described in section
6101(b)(1)(A);
(ii) representatives of education
professionals with expertise in
improving services for disadvantaged
children; and
(iii) representatives of local
elementary schools and secondary
schools who may include students and
representatives from local youth
organizations;
(C) use at least \1/2\ of the funds provided
under this part in each fiscal year to serve
areas with high concentrations of low-income
families in order to serve parents who are
severely educationally or economically
disadvantaged;
(D) operate a center of sufficient size,
scope, and quality to ensure that the center is
adequate to serve the parents in the area;
(E) serve both urban and rural areas;
(F) design a center that meets the unique
training, information, and support needs of
parents described in section 6101(b)(1)(A),
particularly such parents who are educationally
or economically disadvantaged;
(G) demonstrate the capacity and expertise to
conduct the effective training, information and
support activities for which assistance is
sought;
(H) network with--
(i) local educational agencies and
schools;
(ii) parents of children enrolled in
elementary schools and secondary
schools;
(iii) parent training and information
centers assisted under section 682 of
the Individuals with Disabilities
Education Act;
(iv) clearinghouses; and
(v) other organizations and agencies;
(I) focus on serving parents described in
section 6101(b)(1)(A) who are parents of low-
income, minority, and limited English
proficient, children;
(J) use part of the funds received under this
part to establish, expand, or operate Parents
as Teachers programs or Home Instruction for
Preschool Youngsters programs;
(K) provide assistance to parents in such
areas as understanding State and local
standards and measures of student and school
performance; and
(L) work with State and local educational
agencies to determine parental needs and
delivery of services.
(b) Grant Renewal.--For each fiscal year after the first
fiscal year an organization or consortium receives assistance
under this part, the organization or consortium shall
demonstrate in the application submitted for such fiscal year
after the first fiscal year that a portion of the services
provided by the organization or consortium is supported through
non-Federal contributions, which contributions may be in cash
or in kind.
SEC. 6103. USES OF FUNDS.
(a) In General.--Grant funds received under this part shall
be used--
(1) to assist parents in participating effectively in
their children's education and to help their children
meet State and local standards, such as assisting
parents--
(A) to engage in activities that will improve
student performance, including understanding
the accountability systems in place within
their State educational agency and local
educational agency and understanding their
children's educational performance in
comparison to State and local standards;
(B) to provide followup support for their
children's educational achievement;
(C) to communicate effectively with teachers,
principals, counselors, administrators, and
other school personnel;
(D) to become active participants in the
development, implementation, and review of
school-parent compacts, parent involvement
policies, and school planning and improvement;
(E) to participate in the design and
provision of assistance to students who are not
making adequate educational progress;
(F) to participate in State and local
decisionmaking; and
(G) to train other parents;
(2) to obtain information about the range of options,
programs, services, and resources available at the
national, State, and local levels to assist parents and
school personnel who work with parents;
(3) to help the parents learn and use the technology
applied in their children's education;
(4) to plan, implement, and fund activities for
parents that coordinate the education of their children
with other Federal programs that serve their children
or their families; and
(5) to provide support for State or local educational
personnel if the participation of such personnel will
further the activities assisted under the grant.
(b) Permissive Activities.--Grant funds received under this
part may be used to assist schools with activities such as--
(1) developing and implementing their plans or
activities under sections 1118 and 1119; and
(2) developing and implementing school improvement
plans, including addressing problems that develop in
the implementation of sections 1118 and 1119.
(3) providing information about assessment and
individual results to parents in a manner and a
language the family can understand;
(4) coordinating the efforts of Federal, State, and
local parent education and family involvement
initiatives; and
(5) providing training, information, and support to--
(A) State educational agencies;
(B) local educational agencies and schools,
especially those local educational agencies and
schools that are low performing; and
(C) organizations that support family-school
partnerships.
(c) Grandfather Clause.--The Secretary shall use funds made
available under this part to continue to make grant or contract
payments to each entity that was awarded a multiyear grant or
contract under title IV of the Goals 2000: Educate America Act
(as such title was in effect on the day before the date of
enactment of the Better Education for Students and Teachers
Act) for the duration of the grant or contract award.
SEC. 6104. TECHNICAL ASSISTANCE.
The Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training, information, and support
programs and parental information and resource centers.
SEC. 6105. REPORTS.
(a) Information.--Each organization or consortium receiving
assistance under this part shall submit to the Secretary, on an
annual basis, information concerning the parental information
and resource centers assisted under this part, including--
(1) the number of parents (including the number of
minority and limited English proficient parents) who
receive information and training;
(2) the types and modes of training, information, and
support provided under this part;
(3) the strategies used to reach and serve parents of
minority and limited English proficient children,
parents with limited literacy skills, and other parents
in need of the services provided under this part;
(4) the parental involvement policies and practices
used by the center and an evaluation of whether such
policies and practices are effective in improving home-
school communication, student achievement, student and
school performance, and parental involvement in school
planning, review, and improvement; and
(5) the effectiveness of the activities that local
educational agencies and schools are carrying out with
regard to parental involvement and other activities
assisted under this Act that lead to improved student
achievement and improved student and school
performance.
(b) Dissemination.--The Secretary annually shall
disseminate, widely to the public and to Congress, the
information that each organization or consortium submits under
subsection (a) to the Secretary.
SEC. 6106. GENERAL PROVISIONS.
Notwithstanding any other provision of this part--
(1) no person, including a parent who educates a
child at home, a public school parent, or a private
school parent, shall be required to participate in any
program of parent education or developmental screening
pursuant to the provisions of this part; and
(2) no program or center assisted under this part
shall take any action that infringes in any manner on
the right of a parent to direct the education of their
children.
SEC. 6107. 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 the 4 succeeding fiscal years.
PART B--IMPROVING ACADEMIC ACHIEVEMENT
SEC. 6201. EDUCATION AWARDS.
(a) Achievement in Education Awards.--
(1) In general.--The Secretary may make awards, to be
known as ``Achievement in Education Awards'', using a
peer review process, to the States that, beginning with
the 2002-2003 school year, make the most progress in
improving educational achievement.
(2) Criteria.--
(A) In general.--The Secretary shall make the
awards on the basis of criteria consisting of--
(i) the progress of economically
disadvantaged students and of students
who are racial and ethnic minorities--
(I) in meeting the State's
student performance standards
as measured by the assessments
described in section
1111(b)(3); and
(II) beginning with the 2nd
year for which data are
available for all States, on
State assessments under the
National Assessment of
Educational Progress of 4th and
8th grade reading and
mathematics skills;
(ii) overall improvement in student
achievement by the State's students on
the assessments required by section
1111, and (beginning with the 2nd year
for which data are available for all
States) on the assessments described in
clause (i)(II);
(iii) the progress of the State in
improving the English proficiency of
students who enter school with limited
English proficiency;
(iv) the progress of the State in
increasing the percentage of students
who graduate from secondary school; and
(v) the progress of the State in
increasing the percentage of students
who take advanced coursework, such as
advanced placement and international
baccalaureate courses, and who pass
advanced placement and international
baccalaureate tests.
(B) Weight.--In applying the criteria
described in subparagraph (A), the Secretary
shall give the greatest weight to the criterion
described in subparagraph (A)(i).
(b) Assessment Completion Bonuses.--The Secretary may make
1-time bonus payments to States that complete the development
of assessments required by section 1111 in advance of the
schedule specified in such section.
(c) No Child Left Behind Awards.--The Secretary may make
awards, to be known as ``No Child Left Behind Awards'' to the
schools that--
(1) are nominated by the States in which the schools
are located; and
(2) have made the greatest progress in improving the
educational achievement of economically disadvantaged
students.
(d) Fund To Improve Education Achievement.--The Secretary
may make awards for activities other than the activities
described in subsections (a) through (c), such as character
education, that are designed to promote the improvement of
elementary and secondary education nationally.
SEC. 6202. LOSS OF ADMINISTRATIVE FUNDS.
(a) 2 Years of Insufficient Progress.--
(1) Reduction.--If the Secretary makes the
determinations described in paragraph (2) for 2
consecutive years, the Secretary shall reduce, by not
more than 30 percent, the amount of funds that the
State may reserve for the subsequent fiscal year for
State administration under the programs authorized by
this Act that the Secretary determines are formula
grant programs.
(2) Determinations.--The determinations referred to
in paragraph (1) are determinations, made 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, that--
(A) the State has failed to make adequate
yearly progress as defined under section 1111;
and
(B) 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.
(b) 3 or More Years of Insufficient Progress.--If the
Secretary makes the determinations described in subsection
(a)(2) for a third or subsequent consecutive year, the
Secretary shall reduce, by not more than 75 percent, the amount
of funds that the State may reserve for the subsequent fiscal
year for State administration under the programs authorized by
this Act that the Secretary determines are formula grant
programs.
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
(a) State Assessment Grants.--For the purpose of developing
and implementing the standards and assessments required under
section 1111, there are authorized to be appropriated
$400,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the 6 succeeding fiscal years.
(b) National Assessment of Educational Progress.--For the
purpose of administering the State assessments under the
National Assessment of Educational Progress, there are
authorized to be appropriated $110,000,000 for fiscal year
2002, and such sums as may be necessary for each of the 6
succeeding fiscal years.
(c) Education Awards.--For the purpose of carrying out
section 6201, there are authorized to be appropriated
$50,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the 6 succeeding fiscal years.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART A--INDIAN EDUCATION
SEC. 7101. FINDINGS.
Congress finds that--
(1) the Federal Government has a special
responsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults--
(A) are based on high-quality,
internationally competitive content standards
and student performance standards, and build on
Indian culture and the Indian community;
(B) assist local educational agencies, Indian
tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve the standards described in subparagraph
(A); and
(C) meet the unique educational and
culturally related academic needs of American
Indian and Alaska Native students;
(2) since the date of enactment of the Indian
Education Act in 1972, the level of involvement of
Indian parents in the planning, development, and
implementation of educational programs that affect such
parents and their children has increased significantly,
and schools should continue to foster such involvement;
(3) although the number of Indian teachers,
administrators, and university professors has increased
since 1972, teacher training programs are not
recruiting, training, or retraining a sufficient number
of Indian individuals as educators to meet the needs of
a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
(4) the dropout rate for Indian students is
unacceptably high: 9 percent of Indian students who
were eighth graders in 1988 had already dropped out of
school by 1990;
(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below the
poverty level increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is
hampered by the high incidence of poverty,
unemployment, and health problems among Indian children
and their families; and
(6) research related specifically to the education of
Indian children and adults is very limited, and much of
the research is of poor quality or is focused on
limited local or regional issues.
SEC. 7102. PURPOSE.
(a) Purpose.--The purpose of this part is to support the
efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and otherentities to
meet the unique educational and culturally related academic
needs of American Indian and Alaska Native students, so that
such students can meet the same challenging State performance
standards as are expected for all students.
(b) Programs.--This part carries out the purpose described in
subsection (a) by authorizing programs of direct assistance
for--
(1) meeting the unique educational and culturally
related academic needs of American Indians and Alaska
Natives;
(2) the education of Indian children and adults;
(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
(4) research, evaluation, data collection, and
technical assistance.
Subpart 1--Formula Grants to Local Educational Agencies
SEC. 7111. PURPOSE.
The purpose of this subpart is to support local educational
agencies in their efforts to reform elementary school and
secondary school programs that serve Indian students in order
to ensure that such programs--
(1) are based on challenging State content standards
and State student performance standards that are used
for all students; and
(2) are designed to assist Indian students to meet
those standards.
SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--The Secretary may make grants to local
educational agencies and Indian tribes in accordance with this
section.
(b) Local Educational Agencies.--
(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
who are eligible under section 7117, and who were
enrolled in the schools of the agency, and to whom the
agency provided free public education, during the
preceding fiscal year--
(A) was at least 10; or
(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, a reservation.
(c) Indian Tribes.--
(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a parent committee under section
7114(c)(4), an Indian tribe that represents not less
than \1/2\ of the eligible Indian children who are
served by such local educational agency may apply for
such grant by submitting an application in accordance
with section 7114.
(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this subpart, except that any
such tribe shall not be subject to section 7114(c)(4)
(relating to a parent committee), section 7118(c)
(relating to maintenance of effort), or section 7119
(relating to State review of applications).
SEC. 7113. AMOUNT OF GRANTS.
(a) Amount of Grant Awards.--
(1) In general.--Except as provided in subsections
(c) and (d), for purposes of making grants under this
subpart the Secretary shall allocate to each local
educational agency that has an approved application
under this subpart an amount equal to the product of--
(A) the number of Indian children who are
eligible under section 7117 and served by such
agency; and
(B) the greater of--
(i) the average per-pupil expenditure
of the State in which such agency is
located; or
(ii) 80 percent of the average per-
pupil expenditure of all the States.
(2) Reduction.--The Secretary shall reduce the amount
of each allocation determined under paragraph (1) or
subsection (b) in accordance with subsection (c).
(b) Schools Operated or Supported by the Bureau of Indian
Affairs.--
(1) In general.--In addition to the grants awarded
under subsection (a), and subject to paragraph (2), for
purposes of making grants under this subpart the
Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
(A) the total number of Indian children
enrolled in schools that are operated by--
(i) the Bureau of Indian Affairs; or
(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of such tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
(B) the greater of--
(i) the average per-pupil expenditure
of the State in which the school is
located; or
(ii) 80 percent of the average per-
pupil expenditure of all the States.
(2) Special rule.--Any school described in paragraph
(1) may apply for an allocation under this subpart by
submitting an application in accordance with section
7114. The Secretary shall treat the school as if the
school were a local educational agency for purposes of
this subpart, except that any such school shall not be
subject to section 7114(c)(4), 7118(c), or 7119.
(c) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 7162(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a) and for the Secretary of the Interior
under subsection (b), each of those amounts shall be ratably
reduced.
(d) Minimum Grant.--
(1) In general.--Notwithstanding subsection (c), a
local educational agency (including an Indian tribe as
authorized under section 7112(b)) that is eligible for
a grant under section 7112, and a school that is
operated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (b), that
submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a
grant under this subpart in an amount that is not less
than $3,000.
(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under
this subpart.
(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for
all grant recipients if the Secretary determines such
increase is necessary to ensure quality programs.
(e) Definition.--In this section, the term ``average per-
pupil expenditure'', for a State, means an amount equal to--
(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
(2) the aggregate number of children who were
included in average daily attendance and for whom such
agencies provided free public education during such
preceding fiscal year.
SEC. 7114. APPLICATIONS.
(a) Application Required.--Each local educational agency that
desires to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that--
(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
(2)(A) is consistent with the State and local plans
submitted under other provisions of this Act; and
(B) includes academic content and student performance
goals for such children, and benchmarks for attaining
such goals, that are based on the challenging State
standards adopted under title I for all children;
(3) explains how Federal, State, and local programs,
especially programs carried out under title I, will
meet the needs of such students;
(4) demonstrates how funds made available under this
subpart will be used for activities described in
section 7115;
(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
(6) describes how the local educational agency--
(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this subpart, in meeting the
goals described in paragraph (2);
(B) will provide the results of each
assessment referred to in subparagraph (A) to--
(i) the committee of parents
described in subsection (c)(4); and
(ii) the community served by the
local educational agency; and
(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A).
(c) Assurances.--Each application submitted under
subsection (a) shall include assurances that--
(1) the local educational agency will use funds
received under this subpart only to supplement the
funds that, in the absence of the Federal funds made
available under this subpart, such agency would make
available for the education of Indian children, and not
to supplant such funds;
(2) the local educational agency will prepare and
submit to the Secretary such reports, in such form and
containing such information, as the Secretary may
require to--
(A) carry out the functions of the Secretary
under this subpart; and
(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are
effective in improving the educational
achievement of Indian students served by such
agency;
(3) the program for which assistance is sought--
(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
(B) will use the best available talents and
resources, including individuals from the
Indian community; and
(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
through public hearings held by such agency to
provide to the individuals described in this
subparagraph a full opportunity to understand
the program and to offer recommendations
regarding the program; and
(4) the local educational agency developed the
program with the participation and written approval of
a committee--
(A) that is composed of, and selected by--
(i) parents of Indian children in the
local educational agency's schools and
teachers in the schools; and
(ii) if appropriate, Indian students
attending secondary schools of the
agency;
(B) a majority of whose members are parents
of Indian children;
(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
(D) with respect to an application describing
a schoolwide program carried out in accordance
with section 7115(c), that has--
(i) reviewed in a timely fashion the
program; and
(ii) determined that the program will
enhance the availability of culturally
related activities for American Indian
and Alaska Native students; and
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.
(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with thepurpose specified in
section 7111, for services and activities that--
(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 7114;
(2) are designed with special regard for the language
and cultural needs of the Indian students; and
(3) supplement and enrich the regular school program
of such agency.
(b) Particular Services and Activities.--The services and
activities referred to in subsection (a) may include--
(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
(2) early childhood and family programs that
emphasize school readiness;
(3) enrichment programs that focus on problem-solving
and cognitive skills development and directly support
the attainment of challenging State content standards
and State student performance standards;
(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
(5) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by Public Law 103-239 and Public Law
88-210, including programs for tech-prep, mentoring,
and apprenticeship activities;
(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purpose described in section 7111;
(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
(9) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent
with State standards, into the curriculum used by the
local educational agency;
(10) activities to promote coordination and
collaboration between tribal, Federal, and State public
schools in areas that will improve American Indian and
Alaska Native student achievement; and
(11) family literacy services.
(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds made
available to such agency under this subpart to support a
schoolwide program under section 1114 if--
(1) the committee composed of parents established
pursuant to section 7114(c)(4) approves the use of the
funds for the schoolwide program; and
(2) the schoolwide program is consistent with the
purpose described in section 7111.
(d) Administrative Costs.--Not more than 5 percent of the
funds made available to a local educational agency through a
grant made under this subpart for a fiscal year may be used to
pay for administrative costs.
SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.
(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for a demonstration project for
the integration of education and related services provided to
Indian students.
(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the applicant,
shall authorize the applicant to consolidate, in accordance
with such plan, the federally funded education and related
services programs of the applicant and the agencies, or
portions of the programs, serving Indian students in a manner
that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
(c) Programs Affected.--The funds that may be consolidated
in a demonstration project under any such plan referred to in
subsection (b) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
exclusively to serve Indian children under any program, for
which the applicant is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services for Indian students.
(d) Plan Requirements.--For a plan to be acceptable
pursuant to subsection (b), the plan shall--
(1) identify the programs or funding sources to be
consolidated;
(2) be consistent with the objectives of this section
authorizing the program services to be integrated in a
demonstration project;
(3) describe a comprehensive strategy that identifies
the full range of potential educational opportunities
and related services to be provided to assist Indian
students to achieve the objectives set forth in this
subpart;
(4) describe the way in which the services are to be
integrated and delivered and the results expected from
the plan;
(5) identify the projected expenditures under the
plan in a single budget;
(6) identify the State, tribal, or local agencies to
be involved in the delivery of the services integrated
under the plan;
(7) identify any statutory provisions, regulations,
policies, or procedures that the applicant believes
need to be waived in order to implement the plan;
(8) set forth measures of student achievement and
performance goals designed to be met within a specified
period of time for activities provided under the plan;
and
(9) be approved by a parent committee formed in
accordance with section 7114(c)(4), if such a committee
exists, in consultation with the Committee on Resources
of the House of Representatives and the Committee on
Indian Affairs of the Senate.
(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the head of each
Federal agency providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal regulations, policies, or procedures necessary to
enable the applicant to implement the plan. Notwithstanding any
other provision of law, the Secretary of the affected agency
shall have the authority to waive, for the applicant, any
regulation, policy, or procedure promulgated by that agency
that has been so identified by the applicant or agency, unless
the head of the affected agency determines that such a waiver
is inconsistent with the objectives of this subpart or the
provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
(f) Plan Approval.--Within 90 days after the receipt of an
applicant's plan by the Secretary under subsection (a), the
Secretary shall inform the applicant, in writing, of the
Secretary's approval or disapproval of the plan. If the plan is
disapproved, the applicant shall be informed, in writing, of
the reasons for the disapproval and shall be given an
opportunity to amend the plan or to petition the Secretary to
reconsider such disapproval.
(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of enactment of the Better
Education for Students and Teachers Act, the Secretary of
Education, the Secretary of the Interior, and the head of any
other Federal agency identified by the Secretary of Education,
shall enter into an interagency memorandum of agreement
providing for the implementation of the demonstration projects
authorized under this section. The lead agency for a
demonstration project authorized under this section shall be--
(1) the Department of the Interior, in the case of an
applicant that is a contract or grant school, as
defined in section 1146 of the Education Amendments of
1978; or
(2) the Department of Education, in the case of any
other applicant.
(h) Responsibilities of Lead Agency.--The responsibilities of
the lead agency for a demonstration project shall include--
(1) the use of a single report format related to the
plan for the individual project, which shall be used by
an eligible entity to report on the activities
undertaken under the project;
(2) the use of a single report format related to the
projected expenditures for the individual project,
which shall be used by an eligible entity to report on
all project expenditures;
(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
(i) Report Requirements.--
(1) In general.--The Secretary shall develop,
consistent with the requirements of this section, a
single report format for the reports described in
subsection (h).
(2) Report information.--Such report format shall
require that the reports shall--
(A) contain such information as will allow a
determination that the eligible entity has
complied with the requirements incorporated in
the entity's approved plan, including the
demonstration of student achievement; and
(B) provide assurances to the Secretary of
Education and the Secretary of the Interior
that the eligible entity has complied with all
directly applicable statutory requirements and
with those directly applicable regulatory
requirements that have not been waived.
(3) Record information.--The Secretary shall require
that records maintained at the local level on the
programs consolidated for the project shall contain the
information and provide the assurances described in
paragraph (2).
(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the objectives of this
section.
(l) Administration of Funds.--
(1) In general.--An eligible entity shall administer
the program funds for the consolidated programs in such
a manner as to allow for a determination that funds
from a specific program are spent on allowable
activities authorized under such program, except that
the eligible entity shall determine theproportion of
the funds that shall be allocated to such program.
(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill responsibilities for safeguarding
Federal funds pursuant to chapter 75 of title 31, United States
Code.
(o) Report on Statutory Obstacles to Program Integration.--
(1) Preliminary report.--Not later than 2 years after
the date of enactment of the Better Education for
Students and Teachers Act, the Secretary of Education
shall submit a preliminary report to the Committee on
Education and the Workforce and the Committee on
Resources of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and
the Committee on Indian Affairs of the Senate on the
status of the implementation of the demonstration
projects authorized under this section.
(2) Final report.--Not later than 5 years after the
date of enactment of the Better Education for Students
and Teachers Act, the Secretary of Education shall
submit a report to the Committee on Education and the
Workforce and the Committee on Resources of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate on the results of the
implementation of the demonstration projects authorized
under this section. Such report shall identify
statutory barriers to the ability of participants to
integrate more effectively their education and related
services to Indian students in a manner consistent with
the objectives of this section.
(p) Definition.--In this section, the term ``Secretary''
means--
(1) the Secretary of the Interior, in the case of an
applicant that is a contract or grant school, as
defined in section 1146 of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other applicant.
SEC. 7117. STUDENT ELIGIBILITY FORMS.
(a) In General.--The Secretary shall require that, as part of
an application for a grant under this subpart, each applicant
shall maintain a file, with respect to each Indian child for
whom the local educational agency provides a free public
education, that contains a form that sets forth information
establishing the status of the child as an Indian child
eligible for assistance under this subpart, and that otherwise
meets the requirements of subsection (b).
(b) Forms.--
(1) In general.--The form described in subsection (a)
shall include--
(A) either--
(i)(I) the name of the tribe or band
of Indians (as defined in section
7161(3)) with respect to which the
child claims membership;
(II) the enrollment number
establishing the membership of the
child (if readily available); and
(III) the name and address of the
organization that maintains updated and
accurate membership data for such tribe
or band of Indians; or
(ii) if the child is not a member of
tribe or band of Indians (as so
defined), the name, the enrollment
number (if readily available), and the
name and address of the organization
responsible for maintaining updated and
accurate membership rolls, of any
parent or grandparent of the child from
whom the child claims eligibility under
this subpart;
(B) a statement of whether the tribe or band
of Indians (as so defined) with respect to
which the child, or parent or grandparent of
the child, claims membership is federally
recognized;
(C) the name and address of the parent or
legal guardian of the child;
(D) a signature of the parent or legal
guardian of the child that verifies the
accuracy of the information supplied; and
(E) any other information that the Secretary
considers necessary to provide an accurate
program profile.
(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the
amount of a grant award made under section 7113, an
eligibility form prepared pursuant to this section for
a child shall include--
(A) the name of the child;
(B) the name of the tribe or band of Indians
(as so defined) with respect to which the child
claims membership; and
(C) the dated signature of the parent or
guardian of the child.
(3) Failure.--The failure of an applicant to furnish
any information described in this subsection other than
the information described in paragraph (2) with respect
to any child shall have no bearing on the determination
of whether the child is an eligible Indian child for
the purposes of computing the amount of a grant award
made under section 7113.
(c) Statutory Construction.--Nothing in this section shall
be construed to affect a definition contained in section 7161.
(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-86 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
(1) to establish eligibility under this subpart; and
(2) to meet the requirements of subsection (a).
(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant award under section 7113, the membership
of the child, or any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of such tribe
or band. Nothing in subsection (b) shall be construed to
require the furnishing of an enrollment number.
(f) Monitoring and Evaluation Review.--
(1) In general.--
(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the local educational agencies that are
recipients of grants under this subpart. The
sampling conducted under this paragraph shall
take into account the size of such a local
educational agency and the geographic location
of such agency.
(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for
entitlement under the Indian Elementary and
Secondary School Assistance Act.
(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this subpart shall--
(A) be ineligible to apply for any other
grant under this subpart; and
(B) be liable to the United States for any
funds from the grant that have not been
expended.
(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant award under section 7113.
(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, the Secretary, in computing
the amount of a grant award under section 7113 to a tribal
school that receives a grant or contract from the Bureau of
Indian Affairs, shall use only 1 of the following, as selected
by the school:
(1) A count, certified by the Bureau, of the number
of students in the school.
(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
(h) Timing of Child Counts.--For purposes of determining
the number of children to be counted in computing the amount of
a local educational agency's grant award under section 7113
(other than in the case described in subsection (g)(1)), the
local educational agency shall--
(1) establish a date on, or a period not longer than
31 consecutive days during which, the agency counts
those children, if that date or period occurs before
the deadline established by the Secretary for
submitting an application under section 7114; and
(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
SEC. 7118. PAYMENTS.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this subpart the amount computed under section 7113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
(b) Payments Taken Into Account by the State.--The
Secretary may not make a grant under this subpart to a local
educational agency for a fiscal year if, for such fiscal year,
the State in which the local educational agency is located
takes into consideration payments made under this subpart in
determining the eligibility of the local educational agency for
State aid, or the amount of the State aid, with respect to the
free public education of children during such fiscal year or
the preceding fiscal year.
(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
(1) In general.--The Secretary may not pay a local
educational agency in a State the full amount of a
grant award computed under section 7113 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, that the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis was not less
than 90 percent of the amount of the combined fiscal
effort, computed on the same basis, for the second
preceding fiscal year.
(2) Failure.--If, for any fiscal year, the Secretary
determines that a local educational agency and State
failed to maintain the combined fiscal effort at the
level specified in paragraph (1), the Secretary shall--
(A) reduce the amount of the grant that would
otherwise be made to such agency under this
subpart in the exact proportion of the failure
to maintain the fiscal effort at such level;
and
(B) not use the reduced amount of the
combined fiscal effort for the year to
determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1) during
the fiscal year for which the determination is
made.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement of paragraph (1) for a local
educational agency, for not more than 1 year at
a time, if the Secretary determines that the
failure to comply with such requirement is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial
resources.
(B) Future determinations.--The Secretary
shall not use the reduced amount of the
combined fiscal effort for the year for which
the waiver is granted to determine compliance
with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures
that would have been required to comply with
paragraph (1) in the absence of the waiver
during the fiscal year for which the waiver is
granted.
(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
(2) otherwise become available for reallocation under
this subpart.
SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.
Before submitting an application to the Secretary under
section 7114, a local educational agency shall submit the
application to the State educational agency, which may comment
on the application. If the State educational agency comments on
the application, the agency shall comment on each such
application submitted by a local educational agency in the
State and shall provide the comment to the appropriate local
educational agency, with an opportunity to respond.
Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
(a) Purpose.--
(1) In general.--The purpose of this section is to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
(2) Coordination.--The Secretary shall take such
actions as are necessary to achieve the coordination of
activities assisted under this subpart with--
(A) other programs funded under this Act; and
(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education) or a consortium of such entities.
(c) Grants Authorized.--
(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in
subsection (a)(1), including--
(A) innovative programs related to the
educational needs of educationally
disadvantaged children;
(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in 1 or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
(C) bilingual and bicultural programs and
projects;
(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of secondary
school graduation for Indian children;
(F) comprehensive guidance, counseling, and
testing services;
(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary school to postsecondary education;
(I) partnership projects between schools and
local businesses for school-to-work transition
programs designed to provide Indian youth with
the knowledge and skills the youth need to make
an effective transition from school to a first
job in a high-skill, high-wage career;
(J) programs designed to encourage and assist
Indian students to work toward, and gain
entrance into, an institution of higher
education;
(K) family literacy services; or
(L) other services that meet the purpose
described in subsection (a)(1).
(2) Pre-service or in-service training.--Pre-service
or in-service training of professional and
paraprofessional personnel may be a part of any program
assisted under this section.
(d) Grant Requirements and Applications.--
(1) Grant requirements.--
(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c). The Secretary shall make the
grants for periods of not more than 5 years.
(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
2 or more of the activities described in
subsection (c) over a period of more than 1
year.
(C) Progress.--The Secretary shall make a
payment for a grant described in this paragraph
to an eligible entity after the initial year of
the multiyear grant period only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
(2) Dissemination grants.--
(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1),
the Secretary may award grants under subsection
(c) to eligible entities for the dissemination
of exemplary materials or programs assisted
under this section.
(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph
if, prior to awarding the grant, the Secretary
determines that the material or program to be
disseminated--
(i) has been adequately reviewed;
(ii) has demonstrated educational
merit; and
(iii) can be replicated.
(3) Application.--
(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may require.
(B) Contents.--Each application submitted to
the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
(iii) information demonstrating that
the proposed program for the activities
is a scientifically based research
program, which may include a program
that has been modified to be culturally
appropriate for students who will be
served;
(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over; and
(v) such other assurances and
information as the Secretary may
reasonably require.
(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grant recipient under this subpart for any
fiscal year may be used to pay for administrative costs.
SEC. 7122. PROFESSIONAL DEVELOPMENT.
(a) Purposes.--The purposes of this section are--
(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
(2) to provide training to qualified Indian
individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a consortium of--
(1) a State or local educational agency; and
(2) an institution of higher education (including an
Indian institution of higher education) or an Indian
tribe or organization.
(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities with applications approved under
subsection (e) to enable such entities to carry out the
activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Grant funds made available under
subsection (c) shall be used for activities to provide
support and training for Indian individuals in a manner
consistent with the purposes of this section. Such
activities may include continuing programs, symposia,
workshops, conferences, and direct financial support.
(2) Special rules.--
(A) Type of training.--For education
personnel, the training received pursuant to a
grant awarded under subsection (c) may be in-
service or pre-service training.
(B) Program.--For individuals who are being
trained to enter any field other than
education, the training received pursuant to a
grant awarded under subsection (c) shall be in
a program that results in a graduate degree.
(e) Application.--Each eligible entity desiring a grant under
subsection (c) shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information,
as the Secretary may reasonably require.
(f) Special Rule.--In awarding grants under subsection (c),
the Secretary--
(1) shall consider the prior performance of an
eligible entity; and
(2) may not limit eligibility to receive a grant
under subsection (c) on the basis of--
(A) the number of previous grants the
Secretary has awarded such entity; or
(B) the length of any period during which
such entity received such grants.
(g) Grant Period.--Each grant awarded under subsection (c)
shall be awarded for a program of activities of not more than 5
years.
(h) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives pre-service
training pursuant to a grant awarded under subsection
(c)--
(A) perform work--
(i) related to the training received
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated part of the
assistance received for the training.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of the pre-service training shall, not later
than 12 months after the date of completion of the
training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
(i) Inservice Training for Teachers of Indian Children.--
(1) Grants authorized.--In addition to the grants
authorized by subsection (c), the Secretary may make
grants to eligible consortia for the provision of high
quality in-service training. The Secretary may make
such a grant to--
(A) a consortium of a tribal college and an
institution of higher education that awards a
degree in education; or
(B) a consortium of--
(i) a tribal college;
(ii) an institution of higher
education that awards a degree in
education; and
(iii) 1 or more elementary schools or
secondary schools operated by the
Bureau of Indian Affairs, local
educational agencies serving Indian
children, or tribal educational
agencies.
(2) Use of funds.--
(A) In-service training.--A consortium that
receives a grant under paragraph (1) shall use
the grant funds only to provide high quality
in-service training to teachers, including
teachers who are not Indians, in schools of
local educational agencies with substantial
numbers of Indian children enrolled in their
schools, in order to better meet the needs of
those children.
(B) Components.--The training described in
subparagraph (A) shall include such activities
as preparing teachers to use the best available
scientifically based research practices and
learning strategies, and to make the most
effective use of curricula and materials, to
respond to the unique needs of Indian children
in their classrooms.
(3) Preference for indian applicants.--In applying
section 7153 to this subsection, the Secretary shall
give a preference to any consortium that includes 1 or
more of the entities described in that section.
SEC. 7123. FELLOWSHIPS FOR INDIAN STUDENTS.
(a) Fellowships.--
(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students
to study in graduate and professional programs at
institutions of higher education.
(2) Requirements.--The fellowships described in
paragraph (1) shall be awarded to Indian students to
enable such students to pursue a course of study--
(A) of not more than 4 academic years; and
(B) that leads--
(i) toward a postbaccalaureate degree
in medicine, clinical psychology,
psychology, law, education, or a
related field; or
(ii) to an undergraduate or graduate
degree in engineering, business
administration, natural resources, or a
related field.
(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to be
consistent with prevailing practices under comparable federally
supported programs.
(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which such a fellowship recipient is pursuing a course of
study, in lieu of tuition charged to such recipient, such
amounts as the Secretary may determine to be necessary to cover
the cost of education provided to such recipient.
(d) Special Rules.--
(1) In general.--If a fellowship awarded under
subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the
Secretary may award an additional fellowship for
theunexpired portion of the period of the first
fellowship.
(2) Written notice.--Not later than 45 days before
the commencement of an academic term, the Secretary
shall provide to each individual who is awarded a
fellowship under subsection (a) for such academic term
written notice of--
(A) the amount of the funding for the
fellowship; and
(B) any stipends or other payments that will
be made under this section to, or for the
benefit of, the individual for the academic
term.
(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a specialty in the
area of alcohol and substance abuse counseling and
education.
(e) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
(A) perform work--
(i) related to the training for which
the individual receives the assistance
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated portion of such
assistance.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of assistance under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement with,
an Indian organization with demonstrated qualifications to
administer all facets of the program assisted under this
section.
SEC. 7124. GIFTED AND TALENTED INDIAN STUDENTS.
(a) Program Authorized.--The Secretary is authorized to--
(1) establish 2 centers for gifted and talented
Indian students at tribally controlled community
colleges in accordance with this section; and
(2) support demonstration projects described in
subsection (c).
(b) Eligible Entities.--The Secretary shall make grants, or
enter into contracts, for the activities described in
subsection (a), to or with--
(1) 2 tribally controlled community colleges that--
(A) are eligible for funding under the
Tribally Controlled College or University
Assistance Act of 1978; and
(B) are fully accredited; or
(2) if the Secretary does not receive applications
that the Secretary determines to be approvable from 2
colleges that meet the requirements of paragraph (1),
the American Indian Higher Education Consortium.
(c) Use of Funds.--
(1) In general.--Funds made available through the
grants made, or contracts entered into, by the
Secretary under subsection (b) shall be used for--
(A) the establishment of centers described in
subsection (a); and
(B) carrying out demonstration projects
designed to--
(i) address the special needs of
Indian students in elementary schools
and secondary schools who are gifted
and talented; and
(ii) provide such support services to
the families of the students described
in clause (i) as are needed to enable
such students to benefit from the
projects.
(2) Subcontracts.--Each recipient of a grant or
contract under subsection (b) to carry out a
demonstration project under subsection (a) may enter
into a contract with any other entity, including the
Children's Television Workshop, to carry out the
demonstration project.
(3) Demonstration projects.--Demonstration projects
assisted under subsection (b) may include--
(A) the identification of the special needs
of gifted and talented Indian students,
particularly at the elementary school level,
giving attention to--
(i) identifying the emotional and
psychosocial needs of such students;
and
(ii) providing such support services
to the families of such students as are
needed to enable such students to
benefit from the project;
(B) the conduct of educational, psychosocial,
and developmental activities that the Secretary
determines hold a reasonable promise of
resulting in substantial progress toward
meeting the educational needs of such gifted
and talented children, including--
(i) demonstrating and exploring the
use of Indian languages and exposure to
Indian cultural traditions; and
(ii) carrying out mentoring and
apprenticeship programs;
(C) the provision of technical assistance and
the coordination of activities at schools that
receive grants under subsection (d) with
respect to the activities assisted under such
grants, the evaluation of programs assisted
under such grants, or the dissemination of such
evaluations;
(D) the use of public television in meeting
the special educational needs of such gifted
and talented children;
(E) leadership programs designed to replicate
programs for such children throughout the
United States, including disseminating
information derived from the demonstration
projects conducted under subsection (a); and
(F) appropriate research, evaluation, and
related activities pertaining to the needs of
such children and to the provision of such
support services to the families of such
children as are needed to enable such children
to benefit from the project.
(4) Application.--Each entity desiring a grant or
contract under subsection (b) shall submit an
application to the Secretary at such time and in such
manner as the Secretary may prescribe.
(d) Additional Grants.--
(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall award 5 grants to
schools funded by the Bureau of Indian Affairs
(referred to individually in this section as a `Bureau
school') for program research and development and the
development and dissemination of curriculum and teacher
training material, regarding--
(A) gifted and talented students;
(B) college preparatory studies (including
programs for Indian students with an interest
in pursuing teaching careers);
(C) students with special culturally related
academic needs, including students with social,
lingual, and cultural needs; or
(D) mathematics and science education.
(2) Applications.--Each Bureau school desiring a
grant to conduct 1 or more of the activities described
in paragraph (1) shall submit an application to the
Secretary at such time and in such manner as the
Secretary may prescribe.
(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under
this subsection shall be administered, jointly by the
supervisor of the Bureau school and the local
educational agency serving such school.
(4) Requirements.--In awarding grants under paragraph
(1), the Secretary shall achieve a mixture of the
programs described in paragraph (1) that ensures that
Indian students at all grade levels and in all
geographic areas of the United States are able to
participate in a program assisted under this
subsection.
(5) Grant period.--Subject to the availability of
appropriations, a grant awarded under paragraph (1)
shall be awarded for a 3-year period and may be renewed
by the Secretary for additional 3-year periods if the
Secretary determines that the performance of the grant
recipient has been satisfactory.
(6) Dissemination.--
(A) Cooperative efforts.--The dissemination
of any materials developed from activities
assisted under paragraph (1) shall be carried
out in cooperation with entities that receive
funds pursuant to subsection (b).
(B) Report.--The Secretary shall prepare and
submit to the Secretary of the Interior and to
Congress a report concerning any results from
activities described in this subsection.
(7) Evaluation costs.--
(A) Division.--The costs of evaluating any
activities assisted under paragraph (1) shall
be divided between the Bureau schools
conducting such activities and the recipients
of grants or contracts under subsection (b)
whoconduct demonstration projects under
subsection (a).
(B) Grants and contracts.--If no funds are
provided under subsection (b) for--
(i) the evaluation of activities
assisted under paragraph (1);
(ii) technical assistance and
coordination with respect to such
activities; or
(iii) the dissemination of the
evaluations referred to in clause (i),
the Secretary shall make such grants, or enter
into such contracts, as are necessary to
provide for the evaluations, technical
assistance, and coordination of such
activities, and the dissemination of the
evaluations.
(e) Information Network.--The Secretary shall encourage each
recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is
readily available to the entire educational community.
SEC. 7125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the
tribe;
(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
(3) provide support services and technical assistance
to schools serving children of the tribe; and
(4) perform child-find screening services for the
preschool-aged children of the tribe to--
(A) ensure placement in appropriate
educational facilities; and
(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
(b) Period of Grant.--Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
(c) Application for Grant.--
(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
(2) Contents.--Each application described in
paragraph (1) shall contain--
(A) a statement describing the activities to
be conducted, and the objectives to be
achieved, under the grant; and
(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved.
(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
(B) provides for consultation with such other
education entities in the operation and
evaluation of the activities conducted under
the grant; and
(C) demonstrates that there will be adequate
resources provided under this section or from
other sources to complete the activities for
which assistance is sought, except that the
availability of such other resources shall not
be a basis for disapproval of such application.
(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Education to carry out this
section $3,000,000 for each of fiscal years 2002 through 2008.
Subpart 3--Special Programs Relating to Adult Education for Indians
SEC. 7131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS.
(a) In General.--The Secretary shall make grants to State and
local educational agencies and to Indian tribes, institutions,
and organizations--
(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
(2) to assist in the establishment and operation of
programs that are designed to stimulate--
(A) the provision of basic literacy
opportunities for all nonliterate Indian
adults; and
(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
(3) to support a major research and development
program to develop more innovative and effective
techniques for achieving literacy and secondary school
equivalency for Indians;
(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of
illiteracy and lack of secondary school completion
among Indians; and
(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
(b) Educational Services.--The Secretary may make grants to
Indian tribes, institutions, and organizations to develop and
establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
(1) the dissemination of information concerning
educational programs, services, and resources available
to Indian adults, including evaluations of the
programs, services, and resources; and
(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes
of the programs with respect to Indian adults.
(d) Applications.--
(1) In general.--Each entity desiring a grant or
contract under this section shall submit to the
Secretary an application at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in
regulations.
(2) Contents.--Each application described in
paragraph (1) shall contain--
(A) a statement describing the activities to
be conducted and the objectives to be achieved
under the grant or contract; and
(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether the objectives of the grant
or contract are achieved.
(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the
Secretary determines that such application, including
any documentation submitted with the application,
indicates that--
(A) there has been adequate participation, by
the individuals to be served and the
appropriate tribal communities, in the planning
and development of the activities to be
assisted; and
(B) the individuals and tribal communities
referred to in subparagraph (A) will
participate in the operation and evaluation of
the activities to be assisted.
(4) Priority.--In approving applications under
paragraph (1), the Secretary shall give priority to
applications from Indian educational agencies,
organizations, and institutions.
(e) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this section for a fiscal year may
be used to pay for administrative costs.
Subpart 4--National Research Activities
SEC. 7141. NATIONAL ACTIVITIES.
(a) Authorized Activities.--The Secretary may use funds made
available under section 7162(b) for each fiscal year to--
(1) conduct research related to effective approaches
for the education of Indian children and adults;
(2) evaluate federally assisted education programs
from which Indian children and adults may benefit;
(3) collect and analyze data on the educational
status and needs of Indians; and
(4) carry out other activities that are consistent
with the purpose of this part.
(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with, Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
(c) Coordination.--Research activities supported under this
section--
(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities
supported by the Office of Educational Research and
Improvement; and
(2) may include collaborative research activities
that are jointly funded and carried out by the Office
of Indian Education and the Office of Educational
Research and Improvement.
(d) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant, contract, or
agreement made or entered into under this subpart for a fiscal
year may be used to pay for administrative costs.
Subpart 5--Federal Administration
SEC. 7151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) Membership.--There is established a National Advisory
Council on Indian Education (referred to in this section as the
`Council'), which shall--
(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
Indian organizations; and
(2) represent different geographic areas of the
United States.
(b) Duties.--The Council shall--
(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
(A) with respect to which the Secretary has
jurisdiction; and
(B)(i) that includes Indian children or
adults as participants; or
(ii) that may benefit Indian children or
adults;
(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a
vacancy occurs; and
(3) prepare and submit to Congress, not later than
June 30 of each year, a report on the activities of the
Council, including--
(A) any recommendations that the Council
considers to be appropriate for the improvement
of Federal education programs that include
Indian children or adults as participants, or
that may benefit Indian children or adults; and
(B) recommendations concerning the funding of
any program described in subparagraph (A).
SEC. 7152. PEER REVIEW.
The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2, 3, or
4.
SEC. 7153. PREFERENCE FOR INDIAN APPLICANTS.
In making grants and entering into contracts or cooperative
agreements under subpart 2, 3, or 4, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of
higher education under any program with respect to which Indian
tribes, organizations, and institutions are eligible to apply
for grants, contracts, or cooperative agreements.
SEC. 7154. MINIMUM GRANT CRITERIA.
The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or 3 unless
the application is for a grant, contract, or cooperative
agreement that is--
(1) of sufficient size, scope, and quality to achieve
the purpose or objectives of such grant, contract, or
cooperative agreement; and
(2) based on relevant research findings.
Subpart 6--Definitions; Authorizations of Appropriations
SEC. 7161. DEFINITIONS.
In this part:
(1) Adult.--The term `adult' means an individual
who--
(A) has attained age 16; or
(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
(2) Free public education.--The term ``free public
education'' means education that is--
(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
(3) Indian.--The term ``Indian'' means an individual
who is--
(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
(i) any tribe or band terminated
since 1940; and
(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
(C) an individual who is considered by the
Secretary of the Interior to be an Indian for
any purpose;
(D) an Eskimo, Aleut, or other Alaska Native
(as defined in section 7306); or
(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of enactment of the
``Improving America's Schools Act of 1994' (108
Stat. 3518).
SEC. 7162. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Subpart 1.--There are authorized to be appropriated to
the Secretary of Education to carry out subpart 1 $93,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 6 succeeding fiscal years.
(b) Subparts 2 Through 4.--There are authorized to be
appropriated to the Secretary of Education to carry out
subparts 2, 3, and 4 $20,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 6 succeeding fiscal
years.
PART B--NATIVE HAWAIIAN EDUCATION
SEC. 7201. SHORT TITLE.
This part may be cited as the ``Native Hawaiian Education
Act''.
SEC. 7202. FINDINGS.
Congress finds the following:
(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, Britain,
France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
(2) At the time of the arrival of the first non-
indigenous people in Hawai`i in 1778, the Native
Hawaiian people lived in a highly organized, self-
sufficient subsistence social system based on a
communal land tenure system with a sophisticated
language, culture, and religion.
(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawai`i.
(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawai`i, which was established in 1810 under
Kamehameha I, extended full and complete diplomatic
recognition to the Kingdom of Hawai`i, and entered into
treaties and conventions with the Kingdom of Hawai`i to
govern friendship, commerce and navigation in 1826,
1842, 1849, 1875, and 1887.
(5) In 1893, the sovereign, independent,
internationally recognized, and indigenous government
of Hawai`i, the Kingdom of Hawai`i, was overthrown by a
small group of non-Hawaiians, including United States
citizens, who were assisted in their efforts by the
United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom of
Hawai`i, in 1993 the United States apologized to Native
Hawaiians for the overthrow and the deprivation of the
rights of Native Hawaiians to self-determination
through Public Law 103-150 (107 Stat. 1510).
(6) In 1898, the joint resolution entitled ``Joint
Resolution to provide for annexing the Hawaiian Islands
to the United States'', approved July 7, 1898 (30 Stat.
750), ceded absolute title of all lands held by the
Republic of Hawai`i, including the government and crown
lands of the former Kingdom of Hawai`i, to the United
States, but mandated that revenue generated from the
lands be used ``solely forthe benefit of the
inhabitants of the Hawaiian Islands for educational and
other public purposes''.
(7) By 1919, the Native Hawaiian population had
declined from an estimated 1,000,000 in 1778 to an
alarming 22,600, and in recognition of this severe
decline, Congress enacted the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108), which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special
relationship between the United States and the Native
Hawaiians, which was described by then Secretary of the
Interior Franklin K. Lane, who said: ``One thing that
impressed me . . . was the fact that the natives of the
island who are our wards, I should say, and for whom in
a sense we are trustees, are falling off rapidly in
numbers and many of them are in poverty.''.
(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act
of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C.
391b, 391b-1, 392b, 392c, 396, 396a), a provision to
lease lands within the National Parks extension to
Native Hawaiians and to permit fishing in the area
``only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their
guidance.''.
(10) Under the Act entitled ``An Act to provide for
the admission of the State of Hawai`i into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of
the Hawaiian Home Lands to the State of Hawai`i but
reaffirmed the trust relationship between the United
States and the Hawaiian people by retaining the
exclusive power to enforce the trust, including the
power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such
Act.
(11) In 1959, under the Act entitled ``An Act to
provide for the admission of the State of Hawai`i into
the Union'', the United States also ceded to the State
of Hawai`i title to the public lands formerly held by
the United States, but mandated that such lands be held
by the State ``in public trust'' and reaffirmed the
special relationship that existed between the United
States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust
responsibility of the State of Hawai`i for the
betterment of the conditions of Native Hawaiians, as
defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
(12) The United States has recognized and reaffirmed
that--
(A) Native Hawaiians have a cultural,
historic, and land-based link to the indigenous
people who exercised sovereignty over the
Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its
sovereign lands;
(B) Congress does not extend services to
Native Hawaiians because of their race, but
because of their unique status as the
indigenous people of a once sovereign nation as
to whom the United States has established a
trust relationship;
(C) Congress has also delegated broad
authority to administer a portion of the
Federal trust responsibility to the State of
Hawai`i;
(D) the political status of Native Hawaiians
is comparable to that of American Indians and
Alaska Natives; and
(E) the aboriginal, indigenous people of the
United States have--
(i) a continuing right to autonomy in
their internal affairs; and
(ii) an ongoing right of self-
determination and self-governance that
has never been extinguished.
(13) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in--
(A) the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.);
(B) the American Indian Religious Freedom Act
(42 U.S.C. 1996);
(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
(D) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
(H) the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.); and
(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
(14) In 1981, Congress instructed the Office of
Education to submit to Congress a comprehensive report
on Native Hawaiian education. The report, entitled the
``Native Hawaiian Educational Assessment Project'', was
released in 1983 and documented that Native Hawaiians
scored below parity with regard to national norms on
standardized achievement tests, were disproportionately
represented in many negative social and physical
statistics indicative of special educational needs, and
had educational needs that were related to their unique
cultural situation, such as different learning styles
and low self-image.
(15) In recognition of the educational needs of
Native Hawaiians, in 1988, Congress enacted title IV of
the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988
(102 Stat. 130) to authorize and develop supplemental
educational programs to address the unique conditions
of Native Hawaiians.
(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native
Hawaiian Educational Assessment Project, which found
that despite the successes of the programs established
under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments of 1988, many of the same educational needs
still existed for Native Hawaiians. Subsequent reports
by the Kamehameha Schools Bishop Estate and other
organizations have generally confirmed those findings.
For example--
(A) educational risk factors continue to
start even before birth for many Native
Hawaiian children, including--
(i) late or no prenatal care;
(ii) high rates of births by Native
Hawaiian women who are unmarried; and
(iii) high rates of births to teenage
parents;
(B) Native Hawaiian students continue to
begin their school experience lagging behind
other students in terms of readiness factors
such as vocabulary test scores;
(C) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests at all grade
levels;
(D) both public and private schools continue
to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
(E) Native Hawaiian students continue to be
overrepresented among students qualifying for
special education programs provided to students
with learning disabilities, mild mental
retardation, emotional impairment, and other
such disabilities;
(F) Native Hawaiians continue to be
underrepresented in institutions of higher
education and among adults who have completed 4
or more years of college;
(G) Native Hawaiians continue to be
disproportionately represented in many negative
social and physical statistics indicative of
special educational needs, as demonstrated by
the fact that--
(i) Native Hawaiian students are more
likely to be retained in grade level
and to be excessively absent in
secondary school;
(ii) Native Hawaiian students have
the highest rates of drug and alcohol
use in the State of Hawai`i; and
(iii) Native Hawaiian children
continue to be disproportionately
victimized by child abuse and neglect;
and
(H) Native Hawaiians now comprise over 23
percent of the students served by the State of
Hawai`i Department of Education, and there are
and will continue to be geographically rural,
isolated areas with a high Native Hawaiian
population density.
(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among
groups of students from 39 States in reading. Given
that Hawaiian students rank among the lowest groups of
students nationally in reading, and that Native
Hawaiian students rank the lowest among Hawaiian
students in reading, it is imperative that greater
focus be placed on beginning reading and early
education and literacy in Hawai`i.
(18) The findings described in paragraphs (16) and
(17) are inconsistent with the high rates of literacy
and integration of traditional culture and Western
education historically achieved by Native Hawaiians
through a Hawaiian language-based public school system
established in 1840 by Kamehameha III.
(19) Following the overthrow of the Kingdom of
Hawai`i in 1893, Hawaiian medium schools were banned.
After annexation, throughout the territorial and
statehood period of Hawai`i, and until 1986, use of the
Hawaiian language as an instructional medium in
education in public schools was declared unlawful. The
declaration caused incalculable harm to a culture that
placed a very high value on the power of language, as
exemplified in the traditional saying: ``I ka `olelo no
ke ola; I ka `olelo no ka make. In the language rests
life; In the language rests death.''.
(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their
cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
(21) The State of Hawai`i, in the constitution and
statutes of the State of Hawai`i--
(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language;
(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawai`i, which may be
used as the language of instruction for all
subjects and grades in the public school
system; and
(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using community
expertise as a suitable and essential means to
further the program.
SEC. 7203. PURPOSES.
The purposes of this part are to--
(1) authorize and develop innovative educational
programs to assist Native Hawaiians;
(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
Native Hawaiian education, and to provide periodic
assessment and data collection;
(3) supplement and expand programs and authorities in
the area of education to further the purposes of this
title; and
(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
education programs.
SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
(a) Establishment of Native Hawaiian Education Council.--In
order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(referred to in this part as the ``Education Council'').
(b) Composition of Education Council.--The Education Council
shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
(c) Conditions and Terms.--
(1) Conditions.--At least 10 members of the Education
Council shall be Native Hawaiian education service
providers and 10 members of the Education Council shall
be Native Hawaiians or Native Hawaiian education
consumers. In addition, a representative of the State
of Hawai`i Office of Hawaiian Affairs shall serve as a
member of the Education Council.
(2) Appointments.--The members of the Education
Council shall be appointed by the Secretary based on
recommendations received from the Native Hawaiian
community.
(3) Terms.--Members of the Education Council shall
serve for staggered terms of 3 years, except as
provided in paragraph (4).
(4) Council determinations.--Additional conditions
and terms relating to membership on the Education
Council, including term lengths and term renewals,
shall be determined by a majority of the Education
Council.
(d) Native Hawaiian Education Council Grant.--The Secretary
shall make a direct grant to the Education Council in order to
enable the Education Council to--
(1) coordinate the educational and related services
and programs available to Native Hawaiians, including
the programs assisted under this part;
(2) assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian
education;
(3) provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serve, where appropriate, in an
advisory capacity; and
(4) make direct grants, if such grants enable the
Education Council to carry out the duties of the
Education Council, as described in paragraphs (1)
through (3).
(e) Additional Duties of the Education Council.--
(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council, including any information that the
Education Council provides to the Secretary pursuant to
subsection (i), to the Secretary, the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Indian Affairs of
the Senate.
(2) Annual report.--The Education Council shall
prepare and submit to the Secretary an annual report on
the Education Council's activities.
(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
determines to be appropriate, in a manner that supports
the distinct needs of each island council.
(f) Establishment of Island Councils.--
(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Secretary is authorized to
facilitate the establishment of Native Hawaiian
education island councils (referred to individually in
this part as an ``island council'') for the following
islands:
(A) Hawai`i.
(B) Maui.
(C) Moloka`i.
(D) Lana`i.
(E) O`ahu.
(F) Kaua`i.
(G) Ni`ihau.
(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of
individuals concerned with the educational needs of all
age groups, from children in preschool through adults.
At least \3/4\ of the members of each island council
shall be Native Hawaiians.
(g) Administrative Provisions Relating to Education Council
and Island Councils.--The Education Council and each island
council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than 4 times during each calendar year. The provisions of
the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
(i) Report.--Not later than 4 years after the date of
enactment of the Better Education for Students and Teachers
Act, the Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Indian Affairs of the Senate a report that
summarizes the annual reports of the Education Council,
describes the allocation and use of funds under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
(j) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $300,000 for fiscal
year 2002 and such sums as may be necessary for each of the 6
succeeding fiscal years. Funds appropriated under this
subsection shall remain available until expended.
SEC. 7205. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Grants and contracts.--The Secretary is
authorized to make direct grants to, or enter into
contracts with--
(A) Native Hawaiian educational
organizations;
(B) Native Hawaiian community-based
organizations;
(C) public and private nonprofit
organizations, agencies, and institutions with
experience in developing or operating Native
Hawaiian programs or programs of instruction in
the Native Hawaiian language; and
(D) consortia of the organizations, agencies,
and institutions described in subparagraphs (A)
through (C),
to carry out programs that meet the purposes of this
part.
(2) Priorities.--In awarding grants or contracts to
carry out activities described in paragraph (3), the
Secretary shall give priority to entities proposing
projects that are designed to address--
(A) beginning reading and literacy among
students in kindergarten through third grade;
(B) the needs of at-risk children and youth;
(C) needs in fields or disciplines in which
Native Hawaiians are underemployed; and
(D) the use of the Hawaiian language in
instruction.
(3) Authorized activities.--Activities provided
through programs carried out under this part may
include--
(A) the development and maintenance of a
statewide Native Hawaiian early education and
care system to provide a continuum of services
for Native Hawaiian children from the prenatal
period of the children through age 5;
(B) the operation of family-based education
centers that provide such services as--
(i) programs for Native Hawaiian
parents and their infants from the
prenatal period of the infants through
age 3;
(ii) preschool programs for Native
Hawaiians; and
(iii) research on, and development
and assessment of, family-based, early
childhood, and preschool programs for
Native Hawaiians;
(C) activities that enhance beginning reading
and literacy in either the Hawaiian or the
English language among Native Hawaiian students
in kindergarten through third grade and
assistance in addressing the distinct features
of combined English and Hawaiian literacy for
Hawaiian speakers in fifth and sixth grade;
(D) activities to meet the special needs of
Native Hawaiian students with disabilities,
including--
(i) the identification of such
students and their needs;
(ii) the provision of support
services to the families of those
students; and
(iii) other activities consistent
with the requirements of the
Individuals with Disabilities Education
Act;
(E) activities that address the special needs
of Native Hawaiian students who are gifted and
talented, including--
(i) educational, psychological, and
developmental activities designed to
assist in the educational progress of
those students; and
(ii) activities that involve the
parents of those students in a manner
designed to assist in the students'
educational progress;
(F) the development of academic and
vocational curricula to address the needs of
Native Hawaiian children and adults, including
curriculum materials in the Hawaiian language
and mathematics and science curricula that
incorporate Native Hawaiian tradition and
culture;
(G) professional development activities for
educators, including--
(i) the development of programs to
prepare prospective teachers to address
the unique needs of Native Hawaiian
students within the context of Native
Hawaiian culture, language, and
traditions;
(ii) in-service programs to improve
the ability of teachers who teach in
schools with concentrations of Native
Hawaiian students to meet those
students' unique needs; and
(iii) the recruitment and preparation
of Native Hawaiians, and other
individuals who live in communities
with a high concentration of Native
Hawaiians, to become teachers;
(H) the operation of community-based learning
centers that address the needs of Native
Hawaiian families and communities through the
coordination of public and private programs and
services, including--
(i) preschool programs;
(ii) after-school programs; and
(iii) vocational and adult education
programs;
(I) activities to enable Native Hawaiians to
enter and complete programs of postsecondary
education, including--
(i) provision of full or partial
scholarships for undergraduate or
graduate study that are awarded to
students based on their academic
promise and financial need, with a
priority, at the graduate level, given
to students entering professions in
which Native Hawaiians are
underrepresented;
(ii) family literacy services;
(iii) counseling and support services
for students receiving scholarship
assistance;
(iv) counseling and guidance for
Native Hawaiian secondary students who
have the potential to receive
scholarships; and
(v) faculty development activities
designed to promote the matriculation
of Native Hawaiian students;
(J) research and data collection activities
to determine the educational status and needs
of Native Hawaiian children and adults;
(K) other research and evaluation activities
related to programs carried out under this
part; and
(L) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
(4) Special rule and conditions.--
(A) Institutions outside hawaii.--The
Secretary shall not establish a policy under
this section that prevents a Native Hawaiian
student enrolled at a 2- or 4-year degree
granting institution of higher education
outside of the State of Hawai`i from receiving
a scholarship pursuant to paragraph (3)(I).
(B) Scholarship conditions.--The Secretary
shall establish conditions for receipt of a
scholarship awarded under paragraph (3)(I). The
conditions shall require that an individual
seeking such a scholarship enter into a
contract to provide professional services,
either during the scholarship period or upon
completion of a program of postsecondary
education, to the Native Hawaiian community.
(b) Administrative Costs.--Not more than 5 percent of funds
provided to a grant recipient under this section for any fiscal
year may be used for administrative purposes.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $28,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 6 succeeding fiscal years. Funds appropriated under this
subsection shall remain available until expended.
SEC. 7206. ADMINISTRATIVE PROVISIONS.
(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
(b) Special Rule.--Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate
in the program to be carried out underthe grant or contract,
and include those comments, if any, with the application to the
Secretary.
SEC. 7207. DEFINITIONS.
In this part:
(1) Native hawaiian.--The term ``Native Hawaiian''
means any individual who is--
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people
who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the
State of Hawai`i, as evidenced by--
(i) genealogical records;
(ii) Kupuna (elders) or Kama`aina
(long-term community residents)
verification; or
(iii) certified birth records.
(2) Native hawaiian community-based organization.--
The term ``Native Hawaiian community-based
organization'' means any organization that is composed
primarily of Native Hawaiians from a specific community
and that assists in the social, cultural, and
educational development of Native Hawaiians in that
community.
(3) Native hawaiian educational organization.--The
term ``Native Hawaiian educational organization'' means
a private nonprofit organization that--
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective,
values, language, culture, and traditions into
the core function of the organization;
(D) has demonstrated expertise in the
education of Native Hawaiian youth; and
(E) has demonstrated expertise in research
and program development.
(4) Native hawaiian language.--The term ``Native
Hawaiian language'' means the single Native American
language indigenous to the original inhabitants of the
State of Hawai`i.
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and
policymaking positions within the
organizations; and
(C) is recognized by the Governor of Hawai`i
for the purpose of planning, conducting, or
administering programs (or portions of
programs) for the benefit of Native Hawaiians.
(6) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' means the office of Hawaiian Affairs
established by the Constitution of the State of
Hawai`i.
PART C--ALASKA NATIVE EDUCATION
SEC. 7301. SHORT TITLE.
This part may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
SEC. 7302. FINDINGS.
Congress finds the following:
(1) The attainment of educational success is critical
to the betterment of the conditions, long-term well-
being, and preservation of the culture of Alaska
Natives.
(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
(3) Alaska Native children enter and exit school with
serious educational handicaps.
(4) The educational achievement of Alaska Native
children is far below national norms. Native
performance on standardized tests is low, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
(5) The programs authorized in this title, combined
with expanded Head Start, infant learning and early
childhood education programs, and parent education
programs are essential if educational handicaps are to
be overcome.
(6) The sheer magnitude of the geographic barriers to
be overcome in delivering educational services in rural
Alaska and Alaska villages should be addressed through
the development and implementation of innovative, model
programs in a variety of areas.
(7) Congress finds that Native children should be
afforded the opportunity to begin their formal
education on a par with their non-Native peers. The
Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for all
students.
SEC. 7303. PURPOSES.
The purposes of this part are to--
(1) recognize the unique educational needs of Alaska
Natives;
(2) authorize the development of supplemental
educational programs to benefit Alaska Natives;
(3) supplement programs and authorities in the area
of education to further the objectives of this part;
and
(4) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
SEC. 7304. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational entities
with experience in developing or operating Alaska
Native programs or programs of instruction conducted in
Alaska Native languages, and consortia of such
organizations and entities to carry out programs that
meet the purposes of this part.
(2) Permissible activities.--Activities provided
through programs carried out under this part may
include--
(A) the development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives;
(B) the development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including--
(i) curriculum materials that reflect
the cultural diversity or the
contributions of Alaska Natives;
(ii) instructional programs that make
use of Native Alaskan languages; and
(iii) networks that introduce
successful programs, materials, and
techniques to urban and rural schools;
(C) professional development activities for
educators, including--
(i) programs to prepare teachers to
address the cultural diversity and
unique needs of Alaska Native students;
(ii) in-service programs to improve
the ability of teachers to meet the
unique needs of Alaska Native students;
and
(iii) recruitment and preparation of
teachers who are Alaska Native, reside
in communities with high concentrations
of Alaska Native students, or are
likely to succeed as teachers in
isolated, rural communities and engage
in cross-cultural instruction in
Alaska;
(D) the development and operation of home
instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children's education from the earliest
ages;
(E) family literacy services;
(F) the development and operation of student
enrichment programs in science and mathematics
that--
(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter secondary
school, to excel in science and math;
and
(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
(G) research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults;
(H) other research and evaluation activities
related to programs carried out under this
part; and
(I) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children carried
out under paragraph (2)(D) may include--
(A) programs for parents and their infants,
from the prenatal period of the infant through
age 3;
(B) preschool programs; and
(C) training, education, and support for
parents in such areas as reading readiness,
observation, story telling, and critical
thinking.
(b) Administrative Costs.--Not more than 5 percent of funds
provided to a grant recipient under this section for any fiscal
year may be used for administrative purposes.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $17,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 6 succeeding fiscal years.
SEC. 7305. ADMINISTRATIVE PROVISIONS.
(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
(b) Applications.--A State educational agency or local
educational agency may apply for a grant or contract under this
part only as part of a consortium involving an Alaska Native
organization. The consortium may include other eligible
applicants.
(c) Consultation Required.--Each applicant for a grant or
contract under this part shall provide for ongoing advice from
and consultation with representatives of the Alaska Native
community.
(d) Local Educational Agency Coordination.--Each applicant
for a grant or contract under this part shall inform each local
educational agency serving students who will participate in the
program to be carried out under the grant or contract about the
application.
SEC. 7306. DEFINITIONS.
In this part:
(1) Alaska native.--The term `Alaska Native' has the
meaning given the term `Native' in section 3(b) of the
Alaska Native Claims Settlement Act.
(2) Alaska native organization.--The term `Alaska
Native organization' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, or another organization that--
(A) has or commits to acquire expertise in
the education of Alaska Natives; and
(B) has Alaska Natives in substantive and
policymaking positions within the organization.
[Titles IX through XIV are repealed.]
TITLE IX--MISCELLANEOUS PROVISIONS
PART A--INDEPENDENT EVALUATION
SEC. 9101. IN GENERAL.
The Secretary is authorized to award a grant to the Board
on Testing and Assessment of the National Research Council of
the National Academy of Sciences to enable the Board to
conduct, in consultation with the Department (and others that
the Board determines appropriate), an ongoing evaluation, not
to exceed 4 years in duration, of a representative sample of
State and local educational agencies regarding high stakes
assessments used by the State and local educational agencies.
The evaluation shall be based on a research design determined
by the Board, in consultation with others, that includes
existing data, and the development of new data as feasible and
advisable. The evaluation shall address, at a minimum, the 3
components described in section 9102.
SEC. 9102. COMPONENTS EVALUATED.
The 3 components of the evaluation described in section
9101 are as follows:
(1) Students, teachers, parents, families, schools,
and school districts.--The intended and unintended
consequences of the assessments on individual students,
teachers, parents, families, schools, and school
districts, including--
(A) overall improvement or decline in what
students are learning based on independent
measures;
(B) changes in course offerings, teaching
practices, course content, and instructional
material;
(C) measures of teacher satisfaction with the
assessments;
(D) changes in rates of teacher and
administrator turnover;
(E) changes in dropout, grade retention, and
graduation rates for students;
(F) the relationship of student performance
on the assessments to school resources, teacher
and instructional quality, or such factors as
language barriers or construct-irrelevant
disabilities;
(G) changes in the frequency of referrals for
enrichment opportunities, remedial measures,
and other consequences;
(H) changes in student post-graduation
outcomes, including admission to, and signs of
success (such as reduced need for
remediationservices) at, colleges, community
colleges, or technical school training
programs;
(I) cost of preparing for, conducting, and
grading the assessments in terms of dollars
expended by the school district and time
expended by students and teachers;
(J) changes in funding levels and
distribution of instructional and staffing
resources for schools based on the results of
the assessments;
(K) purposes for which the assessments or
components of the assessments are used beyond
what is required under part A of title I, and
the consequences for students and teachers
because of those uses;
(L) differences in the areas studied under
this section between high poverty and high
concentration minority schools and school
districts, and schools and school districts
with lower rates of poverty and minority
students; and
(M) the level of involvement of parents and
families in the development and implementation
of the assessments and the extent to which the
parents and families are informed of assessment
results and consequences.
(2) Students with disabilities.--The intended and
unintended consequences of the assessments for students
with disabilities, including--
(A) the overall improvement or decline in
academic achievement for students with
disabilities;
(B) the numbers and characteristics of
students with disabilities who are excluded
from the assessments, and the number and type
of modifications and accommodations extended;
(C) changes in the rate of referral of
students to special education;
(D) changes in attendance patterns and
dropout, retention, and graduation rates for
students with disabilities;
(E) changes in rates at which students with
disabilities are retained in grade level;
(F) changes in rates of transfers of students
with disabilities to other schools or
institutions; and
(G) the level of involvement of parents and
families of students with disabilities in the
development and implementation of the
assessments and the extent to which the parents
and families are informed of assessment results
and consequences.
(3) Low socio-economic students, limited english
proficient students, and minority students.--The
intended and unintended consequences of the assessments
for low socio-economic status students, limited English
proficient students, and racial and ethnic minority
students, independently and as compared to middle or
high socio-economic status students, nonlimited English
proficient students, and white students, including--
(A) the overall improvement or decline in
academic achievement for such students;
(B) the numbers and characteristics of such
students excused from taking the assessments,
and the number and type of modifications and
accommodations extended to such students;
(C) changes in the rate of referral of such
students to special education;
(D) changes in attendance patterns and
dropout and graduation rates for such students;
(E) changes in rates at which such students
are retained in grade level;
(F) changes in rates of transfer of such
students to other schools or institutions; and
(G) the level of involvement of parents and
families of low socio-economic students,
limited English proficient students, and racial
and ethnic minority students in the development
and implementation of the assessments and the
extent to which the parents and families are
informed of assessment results and
consequences.
SEC. 9103. REPORTING.
The Secretary shall make public annually the results of the
evaluation carried out under this part and shall report the
findings of the evaluation to Congress and to the States not
later than 2 months after the completion of the evaluation.
SEC. 9104. DEFINITIONS.
In this part:
(1) High stakes assessment.--The term ``high stakes
assessment'' means a standardized test that is one of
the mandated determining factors in making decisions
concerning a student's promotion, graduation, or
tracking.
(2) Standardized test.--The term ``standardized
test'' means a test that is administered and scored
under conditions uniform to all students so that the
test scores are comparable across individuals.
SEC. 9105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part $4,000,000 for fiscal year 2002. Such funds shall remain
available until expended.
Stewart B. McKinney Homeless Assistance Act
* * * * * * *
SEC. 701. [42 U.S.C. 11421] STATE LITERACY INITIATIVES.
(a) General Authority.--
* * * * * * *
SEC. 721. [42 U.S.C. 11431] STATEMENT OF POLICY.
It is the policy of the Congress that--
(1) * * *
* * * * * * *
(3) homelessness alone [should not be] is not
sufficient reason to separate students from the
mainstream school environment; and
* * * * * * *
SEC. 722. [42 U.S.C. 11432] GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN AND YOUTH.
(a) General Authority.--* * *
* * * * * * *
(c) Allocation and Reservations.--
(1) In general.--Subject to paragraph (2) and
[section 724(c)] section 724(d), from the amounts
appropriated for each fiscal year under section 726,
the Secretary is authorized to allot to each State an
amount that bears the same ratio to the amount
appropriated for such year under section 726 as the
amount allocated under section 1122 of the Elementary
and Secondary Education Act of 1965 to the State for
that year bears to the total amount allocated under
section 1122 to all States for that year, except that
no State shall receive less than $100,000.
(2) Reservation.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each
fiscal year under section 726 to be allocated by the
Secretary among the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands[, and Palau (until the effective date of the
Compact of Free Association with the Government of
Palau)], according to their respective need for
assistance under this subtitle, as determined by the
Secretary.
* * * * * * *
(3) Definition.--As used in this subsection, the term
``State'' shall not include the Virgin Islands, Guam,
American Samoa, or the Commonwealth of the Northern
Mariana Islands[, or Palau].
* * * * * * *
(e) State and Local Grants.--
(1) In general.--* * *
* * * * * * *
(3) Prohibition on segregating homeless students.--In
providing a free public education to a homeless child
or youth, no State receiving funds under this subtitle
shall segregate such child or youth, either in a
separate school, or in a separate program within a
school, based on such child or youth's status as
homeless, except as provided in section
723(a)(2)(B)(ii).
[(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
[(1) estimate the number of homeless children and
youth in the State and the number of such children and
youth served with assistance provided under the grants
or contracts under this subtitle;
[(2) gather, to the extent possible, reliable, valid
and comprehensive information on the nature and extent
of the problems homeless children and youth have in
gaining access to public preschool programs and to
public elementary and secondary schools, the
difficulties in identifying the special needs of such
children and youth, any progress made by the State
educational agency and local educational agencies in
the State in addressing such problems and difficulties,
and the success of the program under this subtitle in
allowing homeless children and youth to enroll in,
attend, and succeed in, school;
[(3) develop and carry out the State plan described
in subsection (g);
[(4) prepare and submit to the Secretary not later
than October 1, 1997, and on October 1 of every third
year thereafter, a report on the information gathered
pursuant to paragraphs (1) and (2) and such additional
information as the Secretary may require to carry out
the Secretary's responsibilities under this subtitle;
[(5) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children and
youth who are preschool age, and families of such
children and youth; and
[(6) develop relationships and coordinate with other
relevant education, child development, or preschool
programs and providers of services to homeless
children, homeless families and runaway and homeless
youth (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and
homeless youth centers, and transitional living
programs for homeless youth), to improve the provision
of comprehensive services to homeless children and
youth and their families.]
(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
(1) gather reliable, valid, and comprehensive
information on the nature and extent of the problems
homeless children and youth have in gaining access to
public preschool programs and to public elementary
schools and secondary schools, the difficulties in
identifying the special needs of such children and
youth, any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties, and the
success of the program under this subtitle in allowing
homeless children and youth to enroll in, attend, and
succeed in, school;
(2) develop and carry out the State plan described in
subsection (g);
(3) collect and transmit to the Secretary, at such
time and in such manner as the Secretary may require,
such information as the Secretary deems necessary to
assess the educational needs of homeless children and
youth within the State;
(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children and
youth who are preschool age, and families of such
children and youth;
(5) in order to improve the provision of
comprehensive education and related services to
homeless children and youth and their families,
coordinate and collaborate with--
(A) educators, including child development
and preschool program personnel;
(B) providers of services to homeless and
runaway children and youth and homeless
families (including domestic violence agencies,
shelter operators, transitional housing
facilities, runaway and homeless youth centers,
and transitional living programs for homeless
youth);
(C) local educational agency liaisons for
homeless children and youth; and
(D) community organizations and groups
representing homeless children and youth and
their families; and
(6) provide technical assistance to local educational
agencies in coordination with local liaisons
established under this subtitle, to ensure that local
educational agencies comply with the requirements of
section 722(e)(3).
(g) State Plan.--
(1) In general.-- * * *
* * * * * * *
(E) address problems set forth in [the
report] the information provided to the
Secretary under subsection [(f)(4)];
* * * * * * *
[(H) contain an assurance that the State
educational agency and local educational
agencies in the State will adopt policies and
practices to ensure that homeless children and
youth are not isolated or stigmatized.]
(H) contain assurances that--
(i) the State educational agency and
local educational agencies in the State
will adopt policies and practices to
ensure that homeless children and youth
are not segregated on the basis of
their status as homeless or
stigmatized; and
(ii) local educational agencies
serving school districts in which
homeless children and youth reside or
attend school will--
(I) post public notice of the
educational rights of such
children and youth where such
children and youth receive
services under this Act (such
as family shelters and soup
kitchens); and
(II) designate an appropriate
staff person, who may also be a
coordinator for other Federal
programs, as a liaison for
homeless children and youth.
* * * * * * *
(2) Compliance.--Each plan adopted under this
subsection shall also show how the State will ensure
that local educational agencies in the State will
comply with the requirements of [paragraphs (3) through
(9)] paragraphs (3) through (8).
[(3) Local educational agency requirements.--(A) The
local educational agency of each homeless child and
youth to be assisted under this subtitle shall,
according to the child's or youth's best interest,
either--
[(i) continue the child's or youth's
education in the school of origin--
[(I) for the remainder of the
academic year; or
[(II) in any case in which a family
becomes homeless between academic
years, for the following academic year;
or
[(ii) enroll the child or youth in any school
that non-homeless students who live in the
attendance area in which the child or youth is
actually living are eligible to attend.
[(B) In determining the best interests of the child
or youth under subparagraph (A), the local educational
agency shall comply, to the extent feasible, with the
request made by a parent or guardian regarding school
selection.
[(C) For purposes of this paragraph, the term
``school of origin'' means the school that the child or
youth attended when permanently housed, or the school
in which the child or youth was last enrolled.
[(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
homeless parents or has been temporarily placed
elsewhere by the parents.]
(3) Local educational agency requirements.--
(A) In general.--Each local educational
agency serving a homeless child or youth
assisted under this subtitle shall, according
to the child's or youth's best interest--
(i) continue the child's or youth's
education in the school of origin--
(I) for the duration of their
homelessness;
(II) if the child becomes
permanently housed, for the
remainder of the academic year;
or
(III) in any case in which a
family becomes homeless between
academic years, for the
following academic year; or
(ii) enroll the child or youth in any
school that nonhomeless students who
live in the attendance area in which
the child or youth is actually living
are eligible to attend.
(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
(i) to the extent feasible, keep a
homeless child or youth in the school
of origin, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian, or in
the case of an unaccompanied youth,
doing so is contrary to the youth's
wish; and
(ii) provide a written explanation to
the homeless child's or youth's parent
or guardian when the local educational
agency sends such child or youth to a
school other than the school of origin
or a school requested by the parent or
guardian.
(C) Enrollment.--
(i) Documentation.--The school
selected in accordance with this
paragraph shall immediately enroll the
homeless child or youth even if the
child or youth is unable to produce
records normally required for
enrollment, such as previous academic
records, medical records, proof of
residency, or other documentation.
(ii) Special rule.--The enrolling
school immediately shall contact the
school last attended by the child or
youth to obtain relevant academic and
other records. If the child or youth
needs to obtain immunizations, the
enrolling school shall promptly refer
the child or youth to the appropriate
authorities for such immunizations.
(iii) Disputes.--If a dispute arises
over school selection or enrollment in
a school, the child or youth shall be
admitted immediately to the school in
which the parent or guardian (or in the
case of an unaccompanied youth, the
youth) seeks enrollment pending
resolution of the dispute.
(D) Definition of school of origin.--For
purposes of this paragraph, the term ``school
of origin'' means the school that the child or
youth attended when permanently housed, or the
school in which the child or youth was last
enrolled.
(E) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth lives with the homeless
parents or has been temporarily placed
elsewhere by the parents.
* * * * * * *
[(6) Coordination.--Each local educational agency
serving homeless children and youth that receives
assistance under this subtitle shall coordinate with
local social services agencies and other agencies or
programs providing services to such children or youth
and their families, including services and programs
funded under the Runaway and Homeless Youth Act.]
(6) Coordination.--
(A) In general.--Each local educational
agency serving homeless children and youth that
receives assistance under this subtitle shall
coordinate the provision of services under this
subtitle with local services agencies and other
agencies or programs providing services to
homeless children and youth and their families,
including services and programs funded under
the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.).
(B) Housing assistance.--If applicable, each
State and local educational agency that
receives assistance under this subtitle shall
coordinate with State and local housing
agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzales National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youth who become
homeless.
(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
(i) ensure that homeless children and
youth have access to available
education and related support services;
and
(ii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in shelters
and other challenges associated with
homeless children and youth.
[(7) Liaison.--(A) Each local educational agency that
receives assistance under this subtitle shall designate
a homelessness liaison to ensure that--
[(i) homeless children and youth enroll and
succeed in the schools of that agency; and
[(ii) homeless families, children, and youth
receive educational services for which such
families, children, and youth are eligible,
including Head Start and Even Start programs
and preschool programs administered by the
local educational agency, and referrals to
health care services, dental services, mental
health services, and other appropriate
services.
[(B) State coordinators and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless families
of the duties of the liaisons.]
(7) Liaison.--
(A) In general.-- Each local liaison for
homeless children and youth designated pursuant
to paragraph (1)(H)(ii)(II) shall ensure that--
(i) homeless children and youth
enroll, and have a full and equal
opportunity to succeed, in the schools
of the local educational agency;
(ii) homeless families, children, and
youth receive educational services for
which such families, children, and
youth are eligible, including Head
Start and Even Start programs and
preschool programs administered by the
local educational agency, and referrals
to health care services, dental
services, mental health services, and
other appropriate services;
(iii) the parents or guardians of
homeless children and youth are
informed of the education and related
opportunities available to their
children and are provided with
meaningful opportunities to participate
in the education of their children; and
(iv) public notice of the educational
rights of homeless children and youth
is posted where such children and youth
receive services under this Act (such
as family shelters and soup kitchens).
(B) Information.--State coordinators in
States receiving assistance under this subtitle
and local educational agencies receiving
assistance under this subtitle shall inform
school personnel, service providers, and
advocates working with homeless families of the
duties of the liaisons for homeless children
and youth.
(C) Local and state coordination.--Liaisons
for homeless children and youth shall, as a
part of their duties, coordinate and
collaborate with State coordinators and
community and school personnel responsible for
the provision of education and related services
to homeless children and youth.
(D) Dispute resolution.--Unless another
individual is designated by State law, the
local liaison for homeless children and youth
shall provide resource information and assist
in resolving a dispute under this subtitle if
such a dispute arises.
* * * * * * *
[(9) Coordination.--Where applicable, each State and
local educational agency that receives assistance under
this subtitle shall coordinate with State and local
housing agencies respon-sible for developing the
comprehensive housing affordability strategy described
in section 105 of the Cranston-Gonzalez Na-tional
Affordable Housing Act to minimize educational disrup-
tion for children who become homeless.]
SEC. 723. [42 U.S.C. 11433] LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
(a) General Authority.--
(1) In general.-- * * *
* * * * * * *
[(2) Services.--Unless otherwise specified, services
under paragraph (1) may be provided through programs on
school grounds or at other facilities. Where such
services are provided through programs to homeless
students on school grounds, schools may provide
services to other children and youth who are determined
by the local educational agency to be at risk of
failing in, or dropping out of, schools, in the same
setting or classroom. To the maximum extent
practicable, such services shall be provided through
existing programs and mechanisms that integrate
homeless individuals with nonhomeless individuals.]
(2) Services.--
(A) In general.--Services provided under
paragraph (1)--
(i) may be provided through programs
on school grounds or at other
facilities;
(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless individuals with
nonhomeless individuals; and
(iii) shall be designed to expand or
improve services provided as part of a
school's regular academic program, but
not replace that program.
(B) Services on school grounds.--If services
under paragraph (1) are provided on school
grounds, schools--
(i) may use funds under this subtitle
to provide the same services to other
children and youth who are determined
by the local educational agency to be
at risk of failing in, or dropping out
of, schools, subject to clause (ii);
and
(ii) shall not provide services in
settings within a school that
segregates homeless children and youth
from other children and youth, except
as is necessary for short periods of
time--
(I) for health and safety
emergencies; or
(II) to provide temporary,
special, supplementary services
to meet the unique needs of
homeless children and youth.
(b) Application.-- * * *
* * * * * * *
(1) an assessment of the educational and related
needs of homeless children and youth in the school
district (which may be undertaken as a part of needs
assessments for other disadvantaged groups);
[(1)](2) a description of the services and programs
for which assistance is sought and the problems to be
addressed through the provision of such services and
programs;
[(2)](3) an assurance that the local educational
agency's combined fiscal effort per student or the
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fiscal
year for which the determination is made was not less
than 90 percent of such combined fiscal effort or
aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination
is made;
[(3)](4) an assurance that the applicant complies
with, or will use requested funds to come into
compliance with, paragraphs (3) through [(9)] (8) of
section 722(g); and
[(4)](5) a description of policies and procedures
that the agency will implement to ensure that
activities carried out by the agency will not isolate
or stigmatize homeless children and youth.
(c) Awards.--
[(1) In general.--The State educational agency shall,
in accordance with section 722(g) and from amounts made
available to such agency under section 726, award
grants under this section to local educational agencies
submitting an application under subsection (b) on the
basis of the need of such agencies.]
(1) In general.--The State educational agency, in
accordance with the requirements of this subtitle and
from amounts made available to the State educational
agency under section 726, shall award grants, on a
competitive basis, to local educational agencies that
submit applications under subsection (b). Such grants
shall be awarded on the basis of the need of such
agencies for assistance under this subtitle and the
quality of the applications submitted.
* * * * * * *
(3) Quality.--In determining the quality of
applications under paragraph (1), the State educational
agency shall consider--
(A) the local educational agency's needs
assessment under subsection (b)(1) and the
likelihood that the program to be assisted will
meet the needs;
(B) the types, intensity, and coordination of
services to be assisted under the program;
(C) the involvement of parents or guardians;
(D) the extent to which homeless children and
youth will be integrated within the regular
education program;
(E) the quality of the local educational
agency's evaluation plan for the program;
(F) the extent to which services provided
under this subtitle will be coordinated with
other available services;
(G) the extent to which the local educational
agency provides case management or related
services to homeless children and youth who are
unaccompanied by a parent or guardian; and
(H) such other measures as the State
educational agency determines indicative of a
high-quality program.
[(3)](4) Duration of grants.--Grants awarded under
this section shall be for terms not to exceed three
years.
* * * * * * *
SEC. 724. [42 U.S.C. 11434] SECRETARIAL RESPONSIBILITIES.
(a) Review of Plans.--In reviewing the State plans
submitted by [the State educational] State educational agencies
under section 722(g), the Secretary shall use a peer review
process and shall evaluate whether State laws, policies, and
practices described in such plans adequately address the
problems of homeless children and youth relating to access to
education and placement as described in such plans.
* * * * * * *
(c) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of enactment of the Better Education for Students and
Teachers Act, school enrollment guidelines for States with
respect to homeless children and youth. The guidelines shall
describe--
(1) successful ways in which a State may assist local
educational agencies to enroll immediately homeless
children and youth in school; and
(2) how a State can review the State's requirements
regarding immunization and medical or school records
and make revisions to the requirements as are
appropriate and necessary in order to enroll homeless
children and youth in school more quickly.
[(c)](d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds apropriated
under section 726 to conduct such activities.
[(d)](e) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of the
60-day period beginning on the date that funds are available
for purposes of making such grants and shall make such grants
not later than the expiration of the 120-day period beginning
on such date.
[(e)](f) Determination by Secretary.--The Secretary, based
on the information received from the States and information
gathered by the Secretary under [subsection (d)] subsection
(e), shall determine the extent to which State educational
agencies are ensuring that each homeless child and homeless
youth has access to a free appropriate public education as
described in section 721(1).
[(f) Reports.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate on the programs and activities authorized by this
subtitle by December 31, 1997, and every third year
thereafter.]
(g) Information.--
(1) In general.--From funds appropriated under
section 726, the Secretary, directly or through grants,
contracts, or cooperative agreements, shall
periodically collect and disseminate data and
information regarding--
(A) the number and location of homeless
children and youth;
(B) the education and related services
homeless children and youth receive;
(C) the extent to which the needs of homeless
children and youth are met; and
(D) such other data and information as the
Secretary determines necessary and relevant to
carry out this subtitle.
(2) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle.
(h) Report.--Not later than 4 years after the date of
enactment of the Better Education for Students and Teachers
Act, the Secretary shall prepare and submit to the President
and the appropriate committees of the House of Representatives
and the Senate a report on the status of the education of
homeless children and youth, which shall include information
regarding--
(1) the education of homeless children and youth; and
(2) the actions of the Department of Education and
the effectiveness of the programs supported under this
subtitle.
SEC. 725. [42 U.S.C. 11434A] DEFINITIONS.
For the purpose of this subtitle, unless otherwise stated--
(1) the terms ``local educational agency'' and
``State educational agency'' have the meanings given
the terms in section 3 of the Elementary and Secondary
Education Act of 1965;
[(1)](2) the term ``Secretary'' means the Secretary
of Education; and
[(2)](3) the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[SEC. 726. [42 U.S.C. 11435] AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subtitle, there are
authorized to be appropriated $30,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.]
SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subtitle, there are
authorized to be appropriated $70,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 6 succeeding
fiscal years.
* * * * * * *
National Child Protection Act of 1993
* * * * * * *
SEC. 5119C. DEFINITIONS.
For the purposes of this subchapter--
(1) * * *
* * * * * * *
(9) the term ``provider'' means--
(A) a person who--
(i) is employed by or volunteers with
a qualified entity (including an
individual who is employed by a school
in any capacity, including as a child
care provider, a teacher, or another
member of school personnel);
* * * * * * *
(B) a person who--
(i) seeks to be employed by or
volunteer with a qualified entity
(including an individual who seeks to
be employed by a school in any
capacity, including as a child care
provider, a teacher, or another member
of school personnel);
* * * * * * *
Higher Education Act of 1965
* * * * * * *
SEC. 317. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS.
(a) Program Authorized.--* * *
* * * * * * *
(b) Definitions.--For the purpose of this section--
(1) the term ``Alaska Native'' has the meaning given
the term in [section 9308] section 7306 of the
Elementary and Secondary Education Act of 1965;
* * * * * * *
(3) the term ``Native Hawaiian'' has the meaning
given the term in [section 9212] section 7207 of the
Elementary and Secondary Education Act of 1965; and
* * * * * * *
[The Goals 2000: Educate America Act is repealed.]
* * * * * * *
Assets for Independence Act
* * * * * * *
SEC. 604. USE OF GRANTS.
* * * * * * *
Historical and Statutory Notes
* * * * * * *
SEC. 404. DEFINITIONS.
[(11) Tribal government.--The term ``tribal
government'' means a tribal organization, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b) or a Native
Hawaiian organization, as defined in [section 9212 of
the Native Hawaiian Education Act (20 U.S.C. 7912)]
section 7207 of the Native Hawaiian Education Act.
* * * * * * *
Workforce Investment Act of 1998
* * * * * * *
SEC. 2911. NATIVE AMERICAN PROGRAMS.
[(a) Purpose.--
[(1) In general * * *
* * * * * * *
[(b) Definitions.--As used in this section:
[(1) Alaska native * * *
* * * * * * *
[(3) Native hawaiian and native hawaiian
organization.--The terms ``Native Hawaiian'' and
``Native Hawaiian organization'' have the meanings
given such terms in [paragraphs (1) and (3),
respectively, of section 9212 of the Native Hawaiian
Education Act (20 U.S.C. 7912)] section 7207 of the
Native Hawaiian Education Act.
* * * * * * *
Museum and Library Services Act
* * * * * * *
SEC. 9161. SERVICE TO NATIVE AMERICANS.
From amounts under section 9131(a)(1)(A) of this title for
any fiscal year the Director shall award grants to Indian
tribes and to organizations that primarily serve and represent
Native Hawaiians (as the term is defined in [section 9212 of
the Native Hawaiian Education Act (20 U.S.C. 7912)] section
7207 of the Native Hawaiian Education Act to enable such tribes
and organizations to carry out the activities described in
section 9141 of this title.
* * * * * * *
Carl D. Perkins Vocational and Technical Education Act of 1998
* * * * * * *
SEC 2326. NATIVE AMERICAN PROGRAM.
(a) Definitions.--In this section:
(1) Alaska native * * *
* * * * * * *
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term
in [section 9212 of the Native Hawaiian Education Act
(20 U.S.C. 7912)] section 7207 of the Native Hawaiian
Education Act.
* * * * * * *
SEC. 116. NATIVE AMERICAN PROGRAM.
(a) Definitions.--In this section:
(1) * * *
* * * * * * *
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term
in [section 9212 of the Native Hawaiian Education Act
(20 U.S.C. 7912] section 7207 of the Native Hawaiian
Education Act.
* * * * * * *
Native American Languages Act
* * * * * * *
SEC. 2902. DEFINITIONS.
For purposes of this chapter--
(1) The term ``Native American'' means an Indian,
Native Hawaiian, or Native American Pacific Islander.
(2) The term ``Indian'' has the meaning given to such
term under [7881(4)] section 7161(3) of the Elementary
and Secondary Education Act of 1965 of Title 20.
(3) The term ``Native Hawaiian'' has the meaning
given to such term by [section 7912(1)] section 7207 of
the Elementary and Secondary Education Act of 1965 of
Title 20.
* * * * * * *
Johnson--O' Malley Act
* * * * * * *
SEC. 456 LOCAL COMMITTEE OF INDIAN PARENTS IN SCHOOL DISTRICTS HAVING
SCHOOL BOARDS COMPOSED OF NON-INDIAN MAJORITY.
(a) Election; Functions.--Whenever a school district
affected by a contract or contracts for the education of
Indians pursuant to sections 452 to 457 of this title has a
local school board not composed of a majority of Indians, the
parents of the Indian children enrolled in the school or
schools affected by such contract or contracts shall elect a
local committee from among their number. Such committee shall
fully participate in the development of, and shall have the
authority to approve or disapprove programs to be conducted
under such contract or contracts, and shall carry out such
other duties, and be so structured, as the Secretary of the
Interior shall by regulation provide: Provided, however, That,
whenever a local Indian committee or committees established
pursuant to [section 7814(c)(4)] section 7114(c)(4) of Title 20
or an Indian advisory school board or boards established
pursuant to sections 452 to 457 of this title prior to January
4, 1975, exists in such school district, such committee or
board may, in the discretion of the affected tribal governing
body or bodies, be utilized for the purposes of this section
* * * * * * *