[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